Tag Archives: educator preparation

Teach the Vote’s Week in Review: Dec. 6, 2019

We hope you had a great Thanksgiving break. Here is this week’s education news from the ATPE Governmental Relations team!


ELECTION UPDATE: A runoff election date of Jan. 28, 2020, has been set for special elections in House Districts 28, 100, and 148. If you live in one of those districts, you may vote in the runoff election regardless of whether or not you voted in the original special election on Nov. 5. Check to see if you are registered to vote here as the deadline to register for the special election runoff is Dec. 29, 2019. Early voting in these three districts begins Tuesday, Jan. 21, 2020.

If you do not live in one of the House districts listed above, your next opportunity to vote will be the Texas primary elections on March 3, 2020. The deadline to register to vote in one of the primaries is Feb. 3, 2020! Visit TexasEducatorsVote.com to get involved, find activities you can do to drive more participation in elections, and sign up for voting updates.

The candidate filing period for those seeking a place on the ballot in 2020 opened last month and will end on Monday. Stay tuned to Teach the Vote in the coming weeks as we update our website to include profiles of all the candidates vying for seats in the Texas Legislature or State Board of Education. Read more election news in this week’s election roundup post from ATPE Lobbyist Mark Wiggins.


Do you know how your state representative or senator voted on education bills this past legislative session? ATPE’s lobbyists have carefully hand-picked key education votes from the 86th legislative session and uploaded them to all state legislators’ profiles on our Teach the Vote website for your review.

This collection of recorded votes aims to help Texans find out how their own lawmakers voted on major public education issues and ATPE’s legislative priorities in 2019. Use our search page to gain insight into incumbents’ views on public education. Share the information with your friends and family, too, to help inform decisions at the polls during the critical 2020 election cycle. Also, read our recent blog posts to learn more about which education bills are featured and takeaways for using the information contained in our record votes compilation.


Do you have something to say about public education in Texas? Tell us about it in our short, three-question survey. This survey is meant to gather ATPE members’ opinions on education issues, including results of the last legislative session. Don’t worry if you didn’t follow the session too closely, as the ATPE lobby team still wants to hear from you so that we can best represent your voice at the Texas Capitol. Take our “Your Voice” survey on ATPE’s Advocacy Central. Call the ATPE Member Services department at (800) 777-2873 if you’ve forgotten your password for logging into Advocacy Central.


The Texas Education Agency (TEA) has released another video in its “HB 3 in 30” series explaining the many aspects of the 86th Legislature’s omnibus school finance bill House Bill (HB) 3.

This week’s video explains the new, optional, Mentor Program Allotment which provides funding for districts who have, or implement, a mentor program that meet certain programmatic requirements. ATPE has long advocated for state funded mentoring programs for all new teachers as a way to curb the high cost of teacher turnover as well as support and improve teachers and teaching practice.

Find all of the HB 3 in 30 videos here, along with related presentations.


On Friday, Dec. 6, 2019, the State Board for Educator Certification (SBEC) held its final meeting of the year. The board discussed several items, including data from the new teacher and principal surveys, the addition of educational aide to the list of certificates high school students can obtain, and other changes to implement numerous bills from recent legislative sessions. ATPE Lobbyist Andrea Chevalier provided testimony during the meeting asking the board to create a pathway for Master Reading Teachers to retain their teaching assignments once their Legacy Master Teacher certificates expire under HB 3. Look for a post by Andrea in the coming days about today’s SBEC meeting and watch video of her testimony here (located at the 45:00 mark on the archived broadcast).


Part one of the STAAR readability study mandated by House Bill 3 was released on Dec. 2, 2019. The study was conducted by the Meadows Center for Preventing Educational Risk at the University of Texas at Austin. The 30-page report generally found that STAAR test passages are mostly at an appropriate level of readability, but was inconclusive regarding if individual questions were “readable” at grade-level or below. Additionally, the study leaves many questions unanswered regarding the measures used to determine readability. Read an analysis of the report by ATPE lobbyist Andrea Chevalier here.

SBOE hears from commissioner on NAEP scores, STAAR study

The Texas State Board of Education (SBOE) met Wednesday, Nov. 13, 2019, in Austin for day one of its final meeting of the year. It is also the first SBOE meeting led by new board Chairman Keven Ellis (R-Lufkin). The meeting began with an update from Texas Education Commissioner Mike Morath.

Commissioner Morath started with a review of Texas students’ most recent scores on the National Assessment of Educational Progress (NAEP). While fourth grade math scores have held constant at slightly above the national average, eighth grade math scores have been trending downward since 2011 and dipped below the national average in 2019. Fourth grade reading has seen a minute overall decline since 2005. Eighth grade reading scores showed the only statistically significant change since 2017, indicating a precipitous decline since 2013 to the lowest level since at least 2003. According to Morath, the main takeaways from the 2019 NAEP scores are that while Texas continues to outperform the nation in math, it lags behind in reading.

Moving on to a discussion of House Bill (HB) 3906 passed earlier this year, Morath indicated that changes are coming to the STAAR test. Under HB 3906, no more than 75 percent of STAAR questions can be multiple choice. The commissioner said meeting this requirement will take a couple of years to field test. The bill also required a study of STAAR readability after studies found STAAR test questions written at reading levels well above the grade level being tested. The study has been assigned to the University of Texas and is in process. The first round of results are expected to be delivered in early December, and another round will be delivered in early February.

SBOE Member Marisa Perez-Diaz (D-San Antonio) inquired how educators could have more impact on STAAR questions while minimizing their time away from the classroom. Morath suggested the agency attempts to schedule educator advisory committee meetings in a way to minimize disruption, and has worked with districts to provide substitutes. Perez-Diaz requested a link to the application and a copy of the screening process for educator involvement.

Included among the requirements of HB 3 is a directive that teachers attend reading academies. SBOE Member Barbara Cargill (R-The Woodlands) voiced concern over teachers attending reading academies online instead of in person. The commissioner suggested that teachers who complete the online course would be required to demonstrate proficiency, as opposed to lesser threshold of completion under the in-person reading academy model.

Commissioner Morath briefly addressed the recently announced Texas Education Agency (TEA) takeover of Houston ISD by summarizing the agency sanctions process. Perez-Diaz questioned Morath regarding the process for transitioning from an agency-run board of managers back to a locally elected body, and the commissioner indicated it would take multiple years. SBOE Member Lawrence Allen (D-Houston) also pressed the commissioner to explain the TEA’s process for selecting a superintendent and members of the board of managers. The commissioner replied a committee is reviewing applications from prospective managers and he had made no decision yet who will be superintendent.

Packed house to testify in support of proposed African-American Studies course at SBOE meeting November 13, 2019.

Additionally, SBOE Member Ruben Cortez (D-Brownsville) questioned Morath over whether the agency takeover would include a partnership under SB 1882 (passed in 2017 by the 85th Texas Legislature), which incentivizes districts to contract with charter schools that take over operation of one or more campuses in the district. The commissioner did not directly address whether that would be considered, and suggested that the managers would consider a wide array of options. Cortez also pressed Morath for details regarding what would happen if a campus is closed, to which the commissioner said that campus would simply cease to exist.

The board spent much of the day hearing testimony regarding a proposed new African-American Studies course. State Sen. Royce West (D-Dallas) was among dozens of witnesses who testified in support of the course. Chairman Ellis stated his goal is to have the course ready for students in 2020. The board will break into committees tomorrow and conclude its November meeting Friday.

Recap of the October 2019 SBEC meeting

Certification board discusses repeal of master teacher certificates, educator misconduct, and more at its October 2019 meeting.

On Friday, Oct. 4, 2019, the State Board for Educator Certification (SBEC) met to discuss several agenda items, including the repeal of Master Teacher certificates, implementation of recent educator misconduct legislation, and an update on the EdTPA pilot program.

The meeting began with recognition of the unfortunate passing of board member Dr. Rex Peebles on Sept. 23, 2019. Dr. Peebles was a long-time, trusted voice of expertise and reason in the P-20 public education system. He will be greatly missed and ATPE sends their thoughts and love to the family, friends, and colleagues of Dr. Peebles.

At Friday’s meeting, ATPE weighed in on two discussion and action items: the repeal of the Master Teacher certificate and proposed rule revisions that would expand the criteria for considering “good cause” as a mitigating factor in disciplinary cases stemming from an educator’s abandonment of their contract.

First, SBEC adopted language to implement the repeal of the Master Teacher certificates, as required by this year’s House Bill (HB) 3. Master Teacher certificate holders will be able to continue teaching under their certificate until it is no longer valid and will be considered “Legacy Master Teachers” pursuant to HB 3. ATPE submitted written testimony on this item, urging Texas Education Agency (TEA) staff and SBEC members to use their rule-making ability to ensure that affected teachers can maintain their current teaching assignments after the expiration of their Master Teacher certificates. We believe that the rigor of the Master Teacher certification process should not be ignored and are pleased that TEA has indicated they will explore options to amend rule language to alleviate the unintended consequences of this legislation.

ATPE Lobbyist Andrea Chevalier testifying before SBEC, Oct. 4, 2019

Additionally, ATPE Lobbyist Andrea Chevalier provided oral testimony in support of the board’s efforts to expand the criteria for good cause when addressing contract abandonment cases. At the board’s July 2019 work-group meeting, members discussed the need for increased flexibility in determining what constitutes good cause. This would allow the board to avoid or lessen sanctions for educators who found it necessary to abandon their contracts under unique and acceptable circumstances that are not currently covered by the existing SBEC rules. To make these changes, new language was proposed at Friday’s meeting as part of a larger agenda item that implements several educator misconduct and reporting bills from the 86th legislative session. (The 2019 bills related to this agenda item are Senate Bill (SB) 1230, SB 1476, SB 37, and HB 3.) Due to testimony on the item, the board voted to split off the contract abandonment language from the rule proposal that was before them this month in order to allow for discussion on the issue at a later time. The board expressed that they would like to try to get more certainty into the rule language and requested another work-group on broader disciplinary issues. The proposed language for this rule will be open for public comment in the Texas Register from Oct. 25 to Nov. 25, 2019.

Discussion and action items:

In order to implement three bills from the 85th legislative session (SB 1839, HB 2039, and HB 3349), the board added language for admission requirements for the Early Childhood-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12 certificates. The board also amended the rule language to allow for subject-matter-only assessments to be used in lieu of current Pre-Admission Content Tests (PACTs), which test both content and pedagogy. The rationale for this change was that an individual entering an educator preparation program (EPP) would not have pedagogical expertise and therefore should not be assessed in that area.

To implement SB 1200 passed by the 86th Legislature, the board adopted revisions to their rule that would allow military spouses who are licensed in other states (and in good standing) to teach in Texas.

SBEC also took action on several items relating to EPPs. Language to improve the Accountability System for Educator Preparation Programs (ASEP) was approved, including changes that would allow EPPs to be commended for their performance. The board also adopted the new accountability manual into rule and voted to allow SBEC to require action plans for low-performing EPPs, among other items. SBEC board members also approved several EPPs to continue operating for five years. As a consequence of ASEP ratings, one program was closed on Friday. After a five-year review, the Texas Alternative Certification Program Brownsville (TACPB) was required to submit a compliance plan to TEA. The program opted to cease its operations instead, and SBEC voted to formally close The board also voted to approve Ana G. Mendez University as a new alternative certification EPP. The program will be unique in Texas, as it plans to instruct students on become educators using a dual language model.

As noted during Friday’s meeting, the board will soon begin its required four-year rule review for two sets of SBEC rules. The first review is for 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, which regulates certificate renewal, continuing professional development, and national criminal history record information. The second review is for 19 TAC Chapter 230, Professional Educator Preparation and Certification, which deals with procedures for issuance of certificates and permits, testing requirements and fees, and the types and classes of certificates issued by the board. Both of these chapters will be open for public comment in the Texas Register from Oct. 25 to Nov. 25, 2019.

Mark your calendars! The board also approved its meeting dates for 2020:

  • Feb. 21, 2020
  • May 1, 2020
  • July 24, 2020
  • Oct. 9, 2020
  • Dec. 11, 2020

Discussion-only items (no rule action required at this time):

The board discussed several possible future revisions to SBEC rules for professional educator preparation and certification found in 19 TAC Chapter 230. One of these changes would allow the Educational Aide I certificate to be issued as an industry-based certification. Graduating high school students who take education and training courses would be able to get the Educational Aide I certification and begin a career in education, helping to improve the teacher pipeline. Another change would reduce the number of days for computer and paper-based certification examination retakes from 45 down to 30 days. In order to comply with SB 1839 and HB 2039 passed in 2017 by the 85th Legislature, future rule revisions are expected to include prohibiting educators from gaining certification for Early Childhood: Prekindergarten-Grade 3 through the certification by exam (CBE) route. Stakeholders from the deaf and hard-of-hearing community testified at Friday’s meeting to request that the board also include the Deaf/Hard-of-Hearing EC-12 certification on the list of exams excluded from CBE. To implement HB 3, 86th Legislature, this chapter of SBEC rules will also include revisions mandating that educators who teach any grade from pre-K to 6th grade be required to pass the Science of Teaching Reading certification exam beginning Jan. 1, 2021.

Also up for discussion only was 19 TAC Chapter 228, which pertains to requirements for EPPs. The revisions being contemplated would implement this year’s HB 18, allowing educator certification candidates to obtain instruction in mental health, substance abuse, and youth suicide as part of their educational degree plan. The revisions would also prohibit an EPP that is consolidating or closing from admitting candidates if those candidates would not be able to finish the program. Additionally, new rules would require that candidates complete their internship, clinical teaching, or practicum within one program. The rule changes discussed would prohibit practicums from occurring exclusively in the summer. Revisions in this chapter would also allow for candidate placement into a program for cases in which educators must complete their clinical teaching or practicum out-of-state or out-of-country due to particular reasons (military assignment, illness, spouse transfer, etc.).

TEA staff also presented the board with data and information on formal complaints against EPPs and on deactivations of certificates being pursued through alternative and post-baccalaureate certification routes. Formal complaints that involve violations of the SBEC administrative rules require TEA staff to make sanction recommendations to the board. Certification deactivations are similar to contract abandonment cases in that they occur when an educator on an intern or probationary certificate leaves their teaching assignment before it has concluded. There are no educator or EPP sanctions for such deactivations. The board asked for more data regarding deactivations and will take this item up again at its next meeting.

TEA staff gave an update on the progress of the EdTPA pilot. EdTPA is a performance assessment that has been proposed as a replacement for the PPR exam, should the pilot program provide adequate evidence that EdTPA is a viable option. As of Sept. 1, 2019, the 27 programs participating in the pilot have completed 42 trainings, with 27 more scheduled. TEA staff indicated that most pilot programs will have their candidates submit their EdTPA portfolios in the spring of 2020. As for updated demographic data, the pilot participants are represented in 17 out of the 20 education service center regions in Texas. The actual number of participants is lower than what was originally projected (1700-1750) with about 600 reported candidates and an anticipated additional 250 candidates expected to join in the spring. TEA staff reported that there is “room to improve” with regard to African American representation among candidates. In an attempt to gain a more diverse candidate pool, TEA will open the application for Year 2 pilot participants this month. Board member Tommy Coleman requested that the board discuss at its next meeting how the EdTPA pilot and parallel T-TESS pilot (being run by university faculty) can use the same data points and collection methods.

The next SBEC meeting will be held on Dec. 9, 2019. Check back on our Teach the Vote blog after the December meeting for a summary.

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

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

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

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

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

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

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

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

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

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

This provision also became effective immediately.

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

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

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

This provision of HB 3 also took effect immediately.

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

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

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

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

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

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


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

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

Teach the Vote’s Week in Review: Sept. 13, 2019

Here’s this week’s education news wrap-up, courtesy of the ATPE Governmental Relations team:


SBOE Committee on School Initiatives meeting, Sept. 12, 2019

This week, members of the State Board of Education (SBOE) gathered in Austin to hold a series of meetings over Wednesday, Thursday, and Friday, which ATPE’s lobbyists have been attending. View the full SBOE agenda and additional information about this week’s meetings here.

To kick things off, the board on Wednesday discussed the Texas Resource Review (TRR) process, formerly known as the Instructional Materials Quality Evaluation (IMQE). Acting as a rubric for instructional materials for English Language Arts and Reading (ELAR) in grades 3-8, the TRR will serve as a type of “consumer reports”  resources for school districts and educators looking for quality instructional materials. Read a full recap of Wednesday’s board meeting in this blog post from ATPE Lobbyist Mark Wiggins.

Other topics of discussion during this week’s meetings of the board and its committees include a new procedure for nominating members to the School Land Board (SLB), the ed prep assessment pilot known as “EdTPA,” and the Generation 25 charter application that would establish charters with new operators as opposed to letting existing charter holders expand their operations. ATPE’s Wiggins has more on the discussion of these items in this blog post from Thursday.

The board will wrap up its September meetings today. The full board’s agenda for today includes hearing from Commissioner of Education Mike Morath. Read more about his remarks at today’s SBOE meeting, which covered accountability and new reading academy requirements, in this Teach the Vote blog post from ATPE Lobbyist Andrea Chevalier.

Commissioner of Education Mike Morath speaking to the ATPE Board of Directors, Sept. 7, 2019

The board also took time today to recognize outgoing chair Donna Bahorich for her leadership with an honorary resolution. This will be the last meeting over which Bahorich will preside, pending the governor’s naming of a new chair for the SBOE.

Related: Commissioner Mike Morath also visited the ATPE Board of Directors meeting in Pflugerville on Sept. 7, 2019. The commissioner updated the board on accountability ratings, discussed the issue of merit pay, and more.


This year’s legislative session saw a slew of bills relating to assessments, from their administration and content to their duration and much more. For an in-depth look at which laws from the 86th session will affect things like end-of-course exams, individual graduation committees (IGCs), and the length of standardized state assessments, check out this week’s blog post by ATPE Lobbyist Andrea Chevalier. On Monday, we’ll have a another new post for our ongoing “New School Year, New Laws” weekly series here on Teach the Vote. You can also learn more about many new laws affecting educators in this comprehensive digital guide compiled by ATPE’s legal staff.


The latest iteration of “HB 3 in 30,” the Texas Education Agency’s weekly video series that breaks down the signature education bill of the 86th session, focuses on reading practices. Click here to watch the most recent video and access all the prior videos in the HB 3 in 30 series.


It was announced this week that Harrison Keller will become the new Commissioner of Higher Education, following the recent retirement of Commissioner Raymund Peredes. The announcement came Wednesday after a unanimous vote by the Texas Higher Education Coordinating Board (THECB). Keller, who assumes the post on Oct. 1, has worked for the University of Texas and was a longtime education policy adviser to a former Texas Speaker of the House, Rep. Tom Craddick (R-Midland).


ELECTION UPDATE: Yet another big retirement announcement came today with Sen. José Rodriguez (D-El Paso) announcing that he will not seek re-election. An attorney, Sen. Rodriguez has described himself as the first member of his family to attend college. He was first elected to the Senate District 29 seat in 2010 and has also chaired the Senate Democratic Caucus.

Early voting for the upcoming November election begins on Oct. 21, just five weeks from now. For more information about what’s going to be on the ballot, check out our previous Teach the Vote blog posts on proposed constitutional amendments and some special elections that will be taking place on the same day. You can also use the resources provided by the Texas Educators Vote coalition to help ensure you are ready to vote. The deadline to register to vote for the November 5 election is Oct. 7, 2019.

SBOE committee discusses charter schools, ed prep

SBOE Committee on School Initiatives meeting Sept. 12, 2019.

The Texas State Board of Education (SBOE) members met Thursday in their respective committees to discuss a number of items of interest to educators. The Committee on School Initiatives began with a discussion of a new educator preparation pilot program called “EdTPA.” This two-year pilot program was discussed at length by the State Board for Educator Certification (SBEC) and aims to increase rigor, although the final examination comes with a higher price tag. Members of the committee had several questions regarding the structure of the program and challenges unique to the EdTPA system.

Members then heard updates on the Generation 25 charter application, which is the process by which applicants may apply to the Texas Education Agency (TEA) for a new charter. It’s important to note that this application is not needed for existing charters to expand the number of schools under operation. The application is to establish new charter operators, which may plan to operate multiple schools and may expand in the future.

Member Matt Robinson (R-Friendswood) expressed concern over the number and quality of new charters expanding across the state, and in particular a lack of transparency in the process. Member Ruben Cortez (D-Brownsville) expressed disappointment that suggestions from board members to improve the application have yet to be incorporated into the new application. Members secured a commitment from TEA staff to consider a list of recommendations provided by a group of public education organizations, including ATPE, and report back to the board.

Member Georgina Perez (D-El Paso) questioned TEA staff at length over requirements that charter applicants notify the communities within which they intend to open a new charter school, as well as the requirements for a charter to expand its geographical boundary to beyond what was set forth in its initial application. Much of the criticism around charter schools has concentrated on the lack of public input on proposed new charters as a result of minimal notification requirements, as well as few checks on the ability of charter school organizations to expand far beyond their initial size.

The board will conclude its September meeting Friday with an update from TEA Commissioner Mike Morath.

Summary of SBEC’s meeting on July 26, 2019

On Friday, July 26, 2019, the State Board for Educator Certification (SBEC) met in Austin to take up a lengthy agenda that included approving rules to implement the EdTPA pilot program and discussing implementation of bills passed by the 86th Legislature, such as House Bill (HB) 3.

First, a note about SBEC procedure. Each agenda item that makes changes to rules takes three board meetings to move through SBEC. The board first brings up an item for discussion only, then formally proposes the rule at its next meeting and allows for a public comment period, and then finally adopts the rule at the third meeting. Additionally, under state law all adopted SBEC rules are subject to review by the elected State Board of Education (SBOE), which can take no action or veto a rule.

On Friday, SBEC approved two standard four-year rule reviews. The review of Title 19 of the Texas Administrative Code (TAC) Chapter 233, which establishes the certificate classes for classroom teachers (e.g. 4-8 Science, Music EC-12, etc.), and the review of 19 TAC Chapter 244, which outlines the qualifications, training, and acceptable criteria for educator appraisers, were approved.

The board also adopted items that will now make their way to SBOE, including revisions to the criteria that school districts use to assign teachers. The assignment rules are based on the certificates held by teachers, which sometimes change, and the rules must also reflect the addition of new courses, such as Ethnic Studies. For instance, someone with an 8-12 History certification could be assigned to teach a high school Ethnic Studies classroom. Also headed to the SBOE are revisions to the program requirements for educator preparation programs (EPPs) that would create an optional, intensive pre-service preparation and certification pathway; provide guidance for EPP name changes after a change in ownership; and require educators seeking certification in two areas to have clinical teaching experience in both. Lastly, the board adopted revisions to certification and testing requirements including the incorporation of the new intensive pre-service option; including the portfolio assessment EdTPA as a testing option; and updating the fees to include EdTPA and the subject-matter-only assessments used for the Pre-Admission Content Test (PACT) route (discussed below). Interestingly, the board adopted an amendment proposed by board member Tommy Coleman to clarify in the rule language that the EdTPA assessment option is strictly a pilot.

Board members next took up agenda items for proposal of new rules and the authorization of a public comment period on those. One set of proposed rules includes changes to the Accountability System for Educator Preparation Programs (ASEP), which will provide for new commendations for high-performing EPPs; adopt the EPP accountability manual into rule; clarify how EPPs are accredited; allow SBEC to require an EPP to complete an action plan as a sanction for low performance; and make additional technical changes. Additionally, the Board proposed revisions to EPP admission requirements to implement Senate Bill (SB) 1839, HB 2039, HB 3349 that were passed by the 85th Legislature in 2017. The rule changes would add admission requirements for the Early Childhood through Grade 3 (EC-3) and Grades 6-12 Trade and Industrial Workforce Training certificates created by those bills. The revisions would also allow candidates to take subject-matter-only assessments for their PACT if they don’t have the commensurate coursework and minimum 2.5 GPA that is required to enter an EPP. Currently, candidates can gain admission through a content pedagogy test, which tests for teaching strategies that the candidate hasn’t been exposed to yet. These items will be eligible for public comment from August 23 to September 23, 2019, and published in the Texas Register.

Since the 86th Legislature just ended its session in May, SBEC must act quickly to approve changes in order to meet the implementation date of several bills that were passed this year. Therefore, a couple items on the board’s agenda went straight to the proposal stage, skipping the initial discussion phase in order to save time. These include rule changes to implement the following bills:

  • SB 1200 by Sen. Donna Campbell (R-New Braunfels), which allows for military spouses licensed in other states to teach in Texas.
  • HB 3 by Rep. Dan Huberty (R-Kingwood), which repeals the master teacher certificates as of September 1, 2019. Any candidate wishing to gain or renew a master teacher certificate must do so by August 30, 2019. Any current certificates will remain valid up until their expiration date. Please see the Texas Education Agency’s information on master teacher certificates here for more detail.

The Board also took action on two non-rule “board items,” which were discussed at the previous meeting and are effective immediately upon approval. One of these was to approve the ability of the Region 13 Education Service Center (ESC) to offer a Reading Specialist Certification, which is a different class of certification from the master teacher certification. The other item was to name members who will serve on an advisory committee for the newly proposed special education certifications. These certifications would improve upon the current, broad special education certificate by creating a deaf/blind supplemental certificate and multiple new certificates that are more specialized by grade level and the degree of support needed by students.

The following items had been up for discussion at Friday’s SBEC meeting but were moved instead to the board’s October meeting agenda:

  • Proposed changes to educator disciplinary proceedings, sanctions, and contested cases to implement the provisions of HB 3, SB 1230, SB 1476, and SB 37 as passed by the 86th Legislature. Collectively, these bills will impact reporting requirements for superintendents, principals, and directors of public and private schools regarding educator misconduct; create a do-not-hire registry; and remove student loan default as a ground for discipline by SBEC. The anticipated rule changes would also permit SBEC to deny certificates to educators who have abandoned their contract within the past 12 months. This will cover intern and probationary certificates, which SBEC loses jurisdiction over once these 12-month certificates expire.
  • A board item meant to allow the Board to discuss the EPP continuing approval process, which includes procedures for review and update of EPP standards and requirements.
  • A board item to discuss the upcoming educator certification test development updates to current content pedagogy tests. The Principal as Instructional Leader assessment was one of the updated tests and is set to become operational on July 29, 2019. Other new tests will roll out into 2021 and beyond.

The last agenda item, a legislative update, was skipped at Friday’s meeting because members agreed that it had been adequately covered in a July 25th SBEC work group session. Bills impacting SBEC rulemaking as passed by the 86th Legislature include HB 3, HB 18, HB 403, HB 2424, SB 37, SB 241, SB 1200, SB 1230, and SB 1476. All of these except for HB 3’s Science of Teaching Reading certification requirements are now set to be discussed at the October 4, 2019 SBEC meeting. See a detailed table of SBEC’s proposed timeline for implementing provisions of each of these bills here. Stay tuned to Teach the Vote for future updates.

Teach the Vote’s Week in Review: July 26, 2019

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


This week Congressman Kevin Brady (R-TX) filed H.R. 3934, the “Equal Treatment of Public Servants Act of 2019.” The ETPSA aims to address unfair reductions to the Social Security benefits for many educators and other public employees under what is known as the Windfall Elimination Provision (WEP).

While there are many similarities between this WEP replacement bill and a previous version of the ETPSA filed by Brady in the last congress, H.R. 3934 would produce a higher benefit payment for the majority of retirees, including those future retirees who are over the age of 20. For more details on the newly filed bill, check out this blog post by ATPE Senior Lobbyist Monty Exter.


Today, the State Board for Educator Certification (SBEC) is meeting to discuss several important items, including the adoption of changes to allow for the implementation of the EdTPA portfolio assessment pilot for teacher certification. The board is also discussing pending rule changes resulting from bills passed by the 86th Legislature, such as the repeal of the Master Teacher certificates within HB 3. Check the Teach the Vote blog later this weekend for a more detailed summary of the meeting by ATPE Lobbyist Andrea Chevalier.


ELECTION UPDATE: November is right around the corner. Are you registered and ready to vote? This week the Secretary of State revealed the ballot order for constitutional amendments that voters will consider in November 2019, including one that pertains to education funding. Learn more about the proposed amendment, along with updates on campaign announcements for the 2020 primary elections in this new election update post by ATPE Lobbyist Mark Wiggins.


In Washington, DC, the U.S. Senate Committee on Homeland Security and Government Affairs held a hearing on school safety on Thursday, July 25, 2019. The specific focus of yesterday’s hearing was on examining state and federal recommendations for enhancing school safety against targeted violence. The committee heard from four invited witnesses: Max Schachter and Tom Hoyer, who are both parents of children killed in the Parkland School shooting; Bob Gualtieri, Sheriff of Pinellas County, Florida; and Deborah Temkin, PH.D., Senior Program Area Director, Education Child Trends. Mr. Hoyer identified three areas where policymakers can impact school safety, particularly with regard to school shootings: securing the school campus, improving mental health screening and support programs, and supporting responsible firearms ownership. Committee members focused their questions and attention on the first two issues. Archived video of the hearing and the testimony of the individual witnesses can be found at the links above.

ATPE goes to Washington

Most education policy happens at the state level, but there are a few issues that are important to educators and  students that are decided by officials in Washington. That is why ATPE maintains a federal lobby presence. While the main ATPE lobby team works year-round here in Texas, lobbyist David Pore also represents our organization in Washington, DC to ensure that ATPE members have the best representation at all levels of government.

ATPE’s Tonja Gray, Monty Exter, and Byron Hildebrand at the U.S. Capitol

In addition to David’s work year-round on behalf of ATPE members, the association also sends a delegation up to Washington at least once a year to promote our federal priorities. This year ATPE State President Byron Hildebrand, Vice President Tonja Gray, Executive Director Shannon Holmes, and Senior Lobbyist Monty Exter made the journey during the week of June 10, 2019.

While in DC, the ATPE group met with key members of the Texas congressional delegation, as well as committee staff and officials with the US Department of Education. We discussed a handful of topics important to ATPE members including our support for the repeal of the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) that reduce many educators’ Social Security benefits; the need for increased Title I and Title II funding; and our opposition to federal voucher programs.

ATPE meeting with Rep. Kevin Brady’s staff in Washington, DC

ATPE has been working with Rep. Kevin Brady (R-Texas), former chairman of the U.S. House Ways and Means Committee, on legislation to repeal and replace the WEP. Now the ranking member of the committee, Brady is working with the current committee chairman, Rep. Richard Neal (D-Mass.), to reintroduce the bipartisan bill during the current congress.

In addition to meeting with Rep. Brady and his staff, ATPE met with Chairman Neal’s committee staff and with Rep. Jodey Arrington (R–Texas) who represents the Lubbock area and sits on the Social Security Subcommittee of the Ways and Means Committee. ATPE State Vice President Tonja Gray is a constituent of Arrington, who has become a real champion for WEP reform in Congress. We rounded out our meetings with members of the Texas delegation on the Ways and Means Committee with Rep. Lloyd Doggett (D–Texas), who represents the greater Austin area.

Rep. Jodey Arrington with ATPE’s Tonja Gray in Washington, DC

Texas also has three new members of Congress now serving on the Education Subcommittee of the U.S. House Committee on Education and Labor. They are Reps. Joaquin Castro (D–Texas) from the San Antonio area, Ron Wright (R-Texas) from Arlington, and Van Taylor (R-Texas) out of Plano. We spoke to each of these members about the importance of maintaining educator preparation funding in Title II as a part of the pending reauthorization of the Higher Education Act, as well as increasing or at least maintaining formula funding for Title I. As a Title I funded interventionist, Tonja Gray was able to put a personal touch on ATPE’s message.

ATPE’s Byron Hildebrand and Tonja Gray with Rep. Henry Cuellar in Washington, DC

Along with expressing support for funding, we also spoke to each of these members of the Texas delegation about ATPE’s staunch opposition to federal voucher legislation. If the House were to take up any of the Senate’s voucher bills, such a measure would likely be heard in the Education Subcommittee.

ATPE meetings with U.S. Senators John Cornyn (R) and Ted Cruz were also productive. Sen. Cornyn’s staff ensured ATPE not only that Title I and II funding are likely to be maintained or increased, but also that there would be no attempts in the current budget cycle to block grant Title I funding. ATPE opposes block granting Title I funding because it would likely result in the dilution of Title I dollars currently delivered through a formula to the campuses with the highest concentrations of disadvantaged students (those eligible for free and reduced lunch).

Our conversation with Sen. Cruz focused largely on the WEP legislation. Sen. Cruz carried the Senate companion to the Brady bill during the last congress and is planning to pick up the Brady/Neal bill again as soon as it is refiled in the House. The senator is currently seeking a Democratic co-sponsor to ensure that the bill has bipartisan authorship in both chambers.

Altogether, ATPE’s 2019 trip to the nation’s capital was very productive and yielded excellent news. As developments continue on ATPE’s federal priorities, we will report those updates here on Teach the Vote.

86th Legislative Session Highlights from ATPE

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

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

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

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


School Finance:

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

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

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

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

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

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

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Educator Pay: 

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

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

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

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

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

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

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

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Teacher Retirement System (TRS):

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

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

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

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School Safety and Student Health: 

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

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

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

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

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

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

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

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Student Testing:

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

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

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

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Special Education:

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

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

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

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

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Payroll Deduction:

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

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

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Class Sizes:

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

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Private School Vouchers:

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

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

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

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Charter Schools:

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

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

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

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

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

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Student Discipline:

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

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

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School Turnaround:

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

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

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

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

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Political Speech:

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

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

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

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

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

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