Tag Archives: educator quality

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.

Exploring legislators’ 2019 voting records on education: Part I

Last week on TeachtheVote.org, ATPE published a series of voting records for all Texas state lawmakers, analyzing their actions taken on significant education-related legislation. This blog post is Part I of a two-part feature on the record votes. Here, we’re taking a closer look at how the ATPE lobby team analyzed and chose the record votes that are featured on the legislators’ profiles.

Which bills are featured in the 2019 legislative voting records on Teach the Vote, and why were they chosen?

Without question, the most significant bill debated and ultimately passed by the 86th Texas Legislature this year was House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood). This major school finance and public education reform bill, deemed the top priority of the session, resulted in $6.5 billion in increased funding for public education and $5 billion for property tax relief. ATPE’s lobbyists have written extensively about the omnibus bill here on our Teach the Vote blog, and the Texas Education Agency (TEA) has also dedicated a set of online resources to helping Texans understand the many components of the bill. With its high profile, HB 3 figures prominently in the 2019 record votes compiled by ATPE. We’ve selected both the House’s and Senate’s votes on HB 3 on “third reading” as the first record vote featured in this year’s list for Teach the Vote.

There are also a few votes on floor amendments to HB 3 that made our list this year. On the House side, we’ve provided representatives’ votes on House Floor Amendment #15 to HB 3, which dealt with charter school transparency and efficiency. The amendment by Rep. Ernest Bailes (R-Shepherd), which passed and was incorporated into the House’s version of HB 3 but later stripped out by the Senate, requires charter schools to undergo an audit of their fiscal management. The Bailes amendment would have required such an audit to be conducted before a charter could expand or open new campuses, and it also called for charter schools to share the results of those audits publicly on their websites.

For senators, we similarly tracked their votes on three amendments to HB 3:

  • Senate Floor Amendment #8 by Sen. Jose Menendez (D-San Antonio) attempted to remove from the Senate’s version of HB 3 a controversial merit pay program that ATPE and most of the education community opposed.
  • Senate Floor Amendment #30 by Sen. Judith Zaffirini (D-Laredo) also failed to pass but aimed to provide a guaranteed pay raise for all professional public school employees. While teacher pay was another high-profile issue debated throughout the 2019 legislative session, most discussions about pay raises at that point in the session had been limited to classroom teachers and librarians.
  • Also, Senate Floor Amendment #66 by Sen. Jose Menendez (D-San Antonio) was an unsuccessful attempt to add language to the Senate’s version of HB 3 to ensure that state standardized tests were written at the appropriate grade level. Testing was also a subject of great importance to the education community during the legislative session, particularly after studies found that certain test questions on the STAAR test had been written at reading levels well above the grade level being tested. Although the Menendez floor amendment did not get approved by the Senate, another bill passed during the 2019 legislative session (HB 3906) requires a study of STAAR readability, and results of that study should be released beginning in December.

HB 3 ultimately included some additional funding for increasing educator compensation, but it was not the only bill pertaining to teacher pay that lawmakers debated in 2019. Early in the session, the Senate rallied behind Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound), which Lt. Gov. Dan Patrick (R) pledged would be one of the first bills passed by the full Senate in 2019. Although SB 3 was later rejected in favor of the alternative compensation-related language in HB 3, we’ve included the Senate’s third reading vote on SB 3 in our list of record votes due to its early significance.

ATPE also supported a stand-alone bill in 2019 that was designed to fund and strengthen mentoring programs for teachers. The House’s third reading vote on HB 102 by Rep. Diego Bernal (D-San Antonio) made our list of record votes this year. HB 102 did not get heard in the Senate, but its language was later incorporated into HB 3.

Another piece of legislation related to educator quality produced one of the record votes published on Teach the Vote this year. The House voted to approve HB 1276 by Rep. Jon Rosenthal (D-Houston) on third reading. HB 1276 was designed to prevent elementary grade students from being assigned for two consecutive school years to teachers who had less than one year of teaching experience or teachers who were not certified in the subject being taught as part of the foundation curriculum. Exceptions would have been provided under HB 1276 for new transfer students and for students whose parent or guardian consents to the non-compliant placement. Also, the bill would not have applied to school districts serving fewer than 5,000 students, those exempted under the District of Innovation (DOI) law, or those districts that received a hardship waiver from the commissioner of education. Unfortunately, this ATPE-supported bill did not get heard in the Senate.

School safety was another high priority issue debated during the 2019 legislative session. The key piece of legislation on keeping schools safe was SB 11 by Sen. Larry Taylor (R-Friendswood), aimed at driving funding to implement school safety improvements and provide mental health resources. We’ve featured on our website the third reading vote taken on this bill in both the House and Senate chambers. Also on our list is the House’s treatment of House Floor Amendment #8 by Rep. Steve Allison (R-San Antonio) to SB 11, aimed at improving mental health support by requiring the state to identify regional resources that schools could use to address their students’ mental health needs. Legislators were considering a number of different measures pertaining to mental health resources in the context of the debate about school safety. Particularly in the House, some lawmakers were openly skeptical of efforts to link students with outside mental health professionals, worried about privacy concerns, and generally opposed to perceived government overreach. The controversy surrounding those issues had seemingly killed another high-priority bill aimed at addressing mental health earlier on the same evening that SB 11 was being debated. House leaders used Rep. Allison’s floor amendment as a vehicle for resurrecting the lost bill. Thus, Allison’s original amendment to SB 11 passed, was reconsidered, got amended to include language from the other mental health bill that had already been voted down, and then Floor Amendment #8 passed again. We provided data on both votes approving Floor Amendment #8 since there were some representatives who opted to change their position on the Allison amendment after it was expanded.

The Teacher Retirement System (TRS) also garnered attention during the 2019 session and was an ATPE legislative priority. Lawmakers approved Senate Bill 12 by Sen. Joan Huffman (R-Houston), which increased the contribution rates for the TRS pension fund. ATPE included the third reading votes on this bill taken by both the House and Senate among our record votes compilation. The legislature’s passage of SB 12 resulted in immediate actuarial solvency for the fund, which made it possible for TRS to issue a one-time 13th check to retirees in Sept. 2019. Read more about the TRS bill here.

Another ATPE legislative priority for 2019 was opposing vouchers and stopping the privatization of public schools in any form. Few voucher bills were considered this session, but the full Senate did take a vote on Sen. Taylor’s SB 1455, which we included on our list of record votes. The bill would have expanded full-time virtual schools and created a “virtual voucher.” Despite passing the Senate, SB 1455 did not make it out of a committee on the House side.

The House also took a record vote on HB 1133 by Rep. Jonathan Stickland (R-Bedford), which is included on our list. That bill produced one of the most dramatic debates but did not garner enough votes to pass the House. HB 1133 would have weakened the existing 22:1 cap on elementary school class sizes by moving to a campus-wide, grade-level average. Many ATPE members reached out to their legislators in opposition to this bill, which would have allowed class sizes in the lower grades to dramatically expand.

Finally, there are a few record votes on our list this year that pertain to efforts to restrict legislative advocacy by school districts or dissuade educators from being politically active. One such bill was SB 1569 by Sen. Pat Fallon (R-Prosper), which the Senate voted to approve on third reading but the House left pending in committee. ATPE staunchly opposed SB 1569, which would have restricted educators’ First Amendment rights to engage in political speech, limited their ability to teach students about elections, and unreasonably subjected educators to criminal penalties. Another troubling bill was SB 29 by Sen. Bob Hall (R-Edgewood), which tried to prohibit school districts and other local governmental entities from funding legislative advocacy efforts or paying membership dues to organizations that engage in legislative advocacy. SB 29 made our record votes list in two places. First, the Senate voted to approve the bill on third reading. Later, the House voted the bill down. Interestingly, the vote to defeat SB 29 on the House floor became even more significant after the legislative session ended, when certain Republican lawmakers who opposed the bill were seemingly targeted for retribution by their own party leadership in a taped discussion between House Speaker Dennis Bonnen and the head of the controversial dark money group, Empower Texans. The scandal resulted in Bonnen’s announcing that he would not seek re-election, opening the door for election of a new speaker when the 2021 legislative session convenes.

In any legislative session, there are limited votes taken on the record, offering relatively few options for us to showcase how individual legislators voted on education-related bills. However, we believe the votes listed above offer an informative glimpse into the treatment of public education by the 86th Texas Legislature, and we invite you to check out how your legislators voted by looking them up on our search page here on Teach the Vote. Stay tuned to Teach the Vote for Part II of this blog feature where the ATPE lobbyists will explain more about the usefulness and limitations of record votes in general.

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.

Senate interim charges include investigating educators’ political activity

Lt. Gov. Dan Patrick (R-Texas) released interim charges for state senators late Wednesday. The Senate interim charges for the 86th Texas Legislature include language mirroring that used to justify a pair of bills this past session that were aimed at discouraging educators from being politically active.

After every legislative session, the Senate and House each release their own set of interim charges. Individual charges are assigned to each legislative committee and represent those legislators’ “homework” before returning to Austin for the next session. The idea is that members of each committee will study those charges, conduct hearings during the interim, and return the following legislative session prepared to file bills on those topics. The charges also typically include directions to monitor the implementation of bills recently passed into law and recommend any adjustments that may need to be made during the next legislative session.

The 2019 Senate interim charges include studying educator recruitment, preparation, and retention; a review of disciplinary alternative education programs (DAEP); studying the Texas Education Agency’s (TEA) corrective action plan for special education; a review of how investments are made by the Teacher Retirement System (TRS) and the Permanent School Fund (PSF); monitoring school districts’ implementation of the increases to teacher compensation ordered under House Bill (HB) 3; and investigating advocacy by local communities and public schools misleadingly characterized as “taxpayer lobbying.”

Of particular note is a charge directing the Senate State Affairs Committee to “ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.” While ATPE fully agrees that public funds should not be used for electioneering, unfounded accusations targeting educators were used during the 2019 legislative session to justify a pair of bills aimed at chilling educators’ political speech. It is particularly worth noting that these accusations were leveled by officials who have taken positions opposed to public education in the past and were made following a 2018 election cycle in which the public education community was acknowledged to have played a major role in electing pro-public education candidates.

Senate Bill (SB) 1569 by Sen. Pat Fallon (R-Prosper) would have dramatically expanded the legal definition of electioneering solely as it applies to educators. It would have subjected educators to criminal penalties for violating “political advertising” laws if they engage in the act of discussing anything of a political nature on school property, regardless of whether that conversation occurred in private, between friends, or off the clock. A similar bill, SB 904 by state Sen. Bryan Hughes (R-Mineola) would have imposed cumbersome restrictions on e-mail signups and public WiFi systems. You can read more about those bills here and here. Notably, Sen. Hughes has recently been appointed by Lt. Gov. Patrick as the new chairman of the State Affairs Committee that will conduct this investigation during the interim and would likely hear any such bills filed next session.

The following list includes excerpts from the 2019 Senate interim charges that may be of interest to educators. The charges are broken up by committee, each of which is listed in bold. You can read the full list of all interim charges released on Wednesday here.

Senate Committee on Criminal Justice

Crimes Against Students with Disabilities: Examine whether current laws are effectively protecting students with disabilities. Make recommendations to improve student safety, while also protecting educators’ abilities to maintain order and safety for everyone in the classroom.

Senate Education Committee

Teacher Workforce: Examine best practice models to recruit, prepare, and retain highly effective teachers. Review teacher professional development, continuing education, and training for teachers, and recommend improved training methods to improve student academic outcomes.

Alternative Education Students: Study current local, state, and national policies and programs for alternative education student populations. Make recommendations to strengthen existing programs and encourage the development of new innovative models.

Adult Education: Identify and evaluate current innovative programs that assist non-traditional students (first-time adult learners, re-enrolling students, working adults, and educationally disadvantaged students) in completing a high school diploma, GED, post-secondary degree, or workforce credential, including a review of adult education charter schools and their performance framework. Make recommendations to help successful expansion with partnered business and education entities.

Disciplinary Alternative Education Programs: Review disciplinary alternative education programs, including lengths of placement, quality of instruction, and the physical conditions of these facilities. Make recommendations to support and promote the academic success of these programs and enhance the ability of public schools to meet the needs of these students through innovative school models.

Digital Learning: Assess the Texas Virtual School Network and recommend model legislation that improves digital learning for students, families, and educators in a 21st Century classroom.

Special Education Services: Evaluate ongoing strategies to continuously improve special education services for students in public schools including, but not limited, to the Texas Education Agency’s corrective action plan.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Education passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 11, relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium; House Bill 3, relating to public school finance and public education; and House Bill 3906, relating to the assessment of public school students, including the development and administration of assessment instruments, and technology permitted for use by students.

Senate Finance Committee

Investment of State Funds: Review the investment strategies and performance of funds invested through the Teacher Retirement System, the Permanent School Fund, and university funds. Make recommendations to better coordinate and leverage Texas’ purchasing power to maximize investment income to the state.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Finance passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 12, relating to the contributions to and benefits under the Teacher Retirement System; …House Bill 4388, relating to the management of the permanent school fund by the School Land Board and the State Board of Education and a study regarding distributions from the permanent school fund to the available school fund; House Bill 4611, relating to certain distributions to the available school fund; …District implementation of increases in teacher compensation provided by the 86th Legislature; and Efficiencies in state-funded health care programs that reduce or contain costs and improve quality of care. Assess the quality and performance of health plans that contract with the state, including contract compliance, financial performance and stability, quality metrics, and consumer surveys, among other indicators. Monitor the implementation of Health and Human Services Commission Rider 19 and Article IX, Section 10.06.

Senate State Affairs Committee

Elections: Study the integrity and security of voter registration rolls, voting machines, and voter qualification procedures to reduce election fraud in Texas. Specifically, study and make recommendations to: 1) ensure counties are accurately verifying voter eligibility after voter registration; 2) improve training requirements for mail-in ballot signature verification committees; 3) ensure every voter has access to a polling station, particularly in counties that have adopted countywide polling; 4) allow the voter registrar, county clerk, and Secretary of State to suspend an unqualified voter’s registration or remove an ineligible voter from a list of registered voters; and 5) ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.

Taxpayer Lobbying: Study how governmental entities use public funds for political lobbying purposes. Examine what types of governmental entities use public funds for lobbying purposes. Make recommendations to protect taxpayers from paying for lobbyists who may not represent the taxpayers’ interests.

House Public Education Committee gets an update on accountability, school finance bills

House Public Education Committee interim hearing, Oct. 28, 2019.

The House Public Education Committee met on Monday, Oct. 28, to hear an update on legislation from the 85th and 86th legislative sessions and testimony from panels of invited witnesses.

The interim hearing began with an overview from Texas Commissioner of Education Mike Morath on public school accountability. Specifically, the committee heard about House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) passed by the 85th Texas Legislature in 2017. That bill shrank the accountability system from five to three domains. HB 22 also created a distinction between campus and district accountability “grades” of “D” and “F,” such that a rating of “D” would represent a “needs improvement” condition rather than a “failing” status. As the Texas Education Agency (TEA) has implemented HB 22, several problematic scenarios have emerged due to multiple interpretations of the law.

One such scenario pertaining to the timeline for accountability sanctions and interventions has left districts wondering where they stand and waiting for guidance in the form of commissioner’s rules or clarifying legislation next session. Specially, does a “D” rating break up a series of “F” ratings in a manner that would restart the clock for purposes of determining required interventions? Since HB 22 is slated to take full effect in the 2020-21 school year, legislators and TEA officials are facing pressure to find a solution, such as delaying the adoption of rules, for districts grappling with questions like these. Commissioner Morath told the committee on Monday that he will be reaching out to affected districts to try to provide guidance.

Due to issues like these, we can probably expect another accountability clean-up bill to be filed in the 2021 legislative session. The commissioner suggested two statutory changes that may help alleviate the problems. The first is to eliminate required interventions for failure in a domain grade, leaving mandatory interventions in place based on a district’s or campus’s overall grade. The second suggestion is to change the “D” rating so that it continues to advance the intervention clock but would not require school closure or the appointment of a Board of Managers unless performance falls to an “F” and no less than six years have elapsed.

Texas Commissioner of Education Mike Morath

Commissioner Morath also gave the committee an update on the local accountability system pilot, which allows school districts to use additional indicators that their communities find important. Nineteen districts participated in the 2017-18 pilot year and submitted pilot data. The commissioner identified three big challenges that districts faced when creating their systems: would the local accountability system produce 1) reliable results over time, 2) results that accurately measure a desired result, and 3) a reasonable accountability score that was “calibrated” with the state accountability system. The commissioner stated that these challenges were used as the criteria against which districts were rated in determining whether to approve their local accountability system.

Ultimately, only two districts, Dallas ISD and Snyder ISD, had their local accountability systems approved by the commissioner, which prompted committee members to raise concerns during Monday’s hearing. One superintendent who testified during the hearing stated that his district’s application was denied because, according to the TEA, the district had focused too much on “adult behavior” inputs that were not directly measured using student achievement data. The superintendent gave the example of using incentives to increase the use of AVID (Advancement Via Individual Determination) as part of its local accountability system proposal. ATPE has long advocated for including inputs in the accountability system, such as ensuring that students are taught by educators who are certified in the subjects and grade levels they are teaching. We believe that such measures are more directly controllable by districts and individual educators than other factors and typically lead to better student outcomes. During Monday’s committee meeting, a panel of school superintendents and other public education advocates also gave feedback on implementation of the state’s accountability system, similarly expressing a desire for the inclusion of inputs related to such “adult behaviors.” They also recommended enabling the state accountability system to be more nuanced to account for the correlation between poverty and student tests scores, and they advocated for delaying the adoption of commissioner’s rules until the HB 22 implementation issues can be cleared up with legislation in 2021.

The committee also received an update from the commissioner on the implementation of HB 3, the school finance overhaul bill passed during the 86th session of 2019. Commissioner Morath stated that there was a $635 average increase in per pupil funding as a result of the bill, and he plugged TEA’s “HB 3 in 30” video series, which offers in-depth explanations of various aspects of HB 3. Other updates were given to the committee on the following:

  • The STAAR readability study required by HB 3 is being conducted by the University of Texas at Austin. An initial report is due to the legislature by Dec. 1, 2019, and a second portion of the report is expected by Feb. 1, 2020. The commissioner told the committee that if the study concludes that changes to the test are needed, then those will be made.
  • The commissioner shared that TEA plans to collect data on pay raises resulting from HB 3 starting sometime near January 2020. A report to the legislature would then be expected by March 2020.
  • There has been a 56% growth in students receiving special education services over the past three years, which could reflect more students being identified as having dyslexia.
  • The committee discussed unintended funding consequences for fast-growth school districts and career and technical education (CTE) funding in small/mid-sized districts as a result of HB 3’s changes.

Another panel of public education advocates and practitioners gave feedback on the implementation of HB 3, telling the committee members that more clarity is needed on aspects of the legislation, such as its incentive pay program and related merit designations for teachers. Some panelists expressed concern about the sustainability and mechanisms of funding under the bill, such as outcomes-based funding in which money for one group of students is based on the performance of a previous group of students. As the rulemaking process for implementing HB 3 continues, ATPE will monitor TEA’s interpretation of these concerns.

At the end of Monday’s hearing, Chairman Huberty stated that he did not anticipate any more House Public Education Committee hearings this year. Stay tuned into our blog and keep up-to-date with legislative developments by following ATPE’s lobby team on Twitter via @TeachtheVote, @ATPE_JenniferM, @ATPE_MontyE, @ATPE_AndreaC, and @MarkWigginsTX.

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.”

TEA releases 2019 “A-F” accountability ratings

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

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

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

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

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

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

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.