Tag Archives: ESEA

Dispute over CARES Act funding for private schools intensifies

Secretary DeVos testifies before U.S. House Appropriations subcommittee, Feb. 27, 2020.

U.S. Secretary of Education Betsy DeVos issued guidance in late April that directed public school districts to use their federal emergency funds under the CARES Act to provide “equitable services” to all non-profit private school students in their bounds. After building strife among education stakeholders and leaders, DeVos has now announced that her department will be “issuing a rule on the topic in the next few weeks and inviting public comments.”

There are two main differences between DeVos’s new interpretation of equitable services under the CARES Act and its strict interpretation under federal education law. Under various titles of federal education law (Title I, Part A; Title II, Part A; Title III, etc.), a school district’s duty to provide equitable services is based on students residing in a public school’s attendance area and the proportion of children who meet the criteria of that title, such as students who are from low-income families, migrants, or English language learners. The provision of services, such as tutoring or teacher professional development, is meant to make the private school option commensurate with the public school option for those students. DeVos’s novel interpretation argues that these eligibility criteria don’t apply for CARES Act funds, even though 90% of the funds are distributed by Title I formulas.

As reported last week by Politico, U.S. Senator Lamar Alexander (R-TN), who chairs the U.S. Senate Health, Education, Labor, and Pensions Committee, agrees with many others that DeVos’s interpretation differs from what Congress intended. “My sense was that the money should have been distributed in the same way we distribute Title I money,” said Alexander, adding, “I think that’s what most of Congress was expecting.”

DeVos has received negative feedback on this issue from members of Congress, state education leaders, and other groups. Among them is the Council of Chief State School Officers (CCSSO), which has argued that the department’s new interpretation is inequitable. Some states, including Maine and Pennsylvania, for instance, have decided to ignore the secretary’s guidance. Others such as Tennessee and Texas plan to require their school districts to heed the secretary’s recommendations, as we have reported here on Teach the Vote. The threat of rulemaking to formally codify DeVos’s interpretation is clearly meant to bring in line those jurisdictions that have objected to expanding the CARES Act funding eligibility.

In a May 22 letter (written in the form of a reprimand), DeVos responded to the opposition from CCSSO, using it as an opportunity to announce her intent to initiate the rulemaking process. The announcement marks a shift in tone and intensity, as the department’s move to a formal rule instead of guidance is much more binding. In the letter, DeVos argues that for purposes of the CARES Act, an interpretation of equitable services that only acknowledges students traditionally served by the provision under federal education law would discriminate against all other private school students, including those who are wealthy or otherwise advantaged. The secretary notes that 90% of the emergency funds appropriated by Congress through the CARES Act are directed toward public school students. While seemingly acknowledging that the CARES Act funds were based on the enrollment of students in public schools and flow through a Title I-based formula, DeVos insists in her letter that all students have been impacted by the pandemic. “The virus affects everyone,” writes the secretary.

As many educators know, equity is not equality. Equity makes up for inequalities in society by directing more resources and supports to those who need them the most. Providing “equitable services” to advantaged students on the grounds that these students are otherwise being discriminated against effectively nullifies the entire intention of equity. The federal government’s new approach to equitable services is actually more likely to widen the opportunity gap between our nation’s students.

ATPE has already communicated with our state’s congressional delegation about this issue will continue follow the rule-making process closely as it develops. Check back on Teach the Vote for updates and follow Teach the Vote on Twitter.

Teach the Vote’s Week in Review: May 22, 2020

As the 2019-20 school year winds down, state leaders continue to open Texas back up. While parents, students, and teachers focus on end-of-year tasks and COVID-modified celebrations, many education leaders are already focused on summer learning and how school will roll out next fall. This Memorial Day weekend, we hope our readers will get to take a much deserved break before starting the next chapter.


Gov. Abbott’s May 18th press conference

CORONAVIRUS UPDATE: On Monday, May 18, Gov. Greg Abbott held a press conference to announce the further reopening of Texas. Child care centers and youth clubs were allowed to reopen that day, and businesses were allowed to have a limited number of employees back in the office. Today, restaurants may increase their capacity to 50% and bars can open at 25% capacity. On May 31, day camps and certain professional sports (without in-person spectators) can resume activity.

On June 1, schools can reopen to students, according to the governor, but with enhanced safety measures and physical distancing requirements in place. As noted in this article from the Texas Tribune republished on our site this week, Texas schools cannot require students to attend in the summer. Districts can make summer school attendance a condition for grade promotion, but only if they offer a distance learning option.

In conjunction with the governor’s announcement about summer school, the Texas Education Agency (TEA) outlined health and safety considerations for reopening schools next month, such as taking students’ temperatures daily and having students eat lunch at their desks. These overlap with the more comprehensive CDC school considerations, which also emphasize using masks and direct school systems to train their staff, have a back-up staffing plan, and strengthen paid/sick leave policies.

For more coronavirus-related resources from TEA, click here. Visit ATPE’s frequently updated Coronavirus FAQ and Resources page and follow the ATPE lobby team via @TeachtheVote on Twitter for developments on the response to COVID-19. Also, check out our recent recap of legislative and regulatory developments impacting Texas and education since the pandemic began.


The Texas Education Agency (TEA) is attempting to respond to numerous questions about what next year’s school calendars will look like. Commissioner of Education Mike Morath has spoken several times recently about flexible school years, urging schools to consider starting the 2020-21 school year earlier, ending it later, and building in flexible “breaks” to accommodate pandemic-related issues.

TEA’s new school calendar FAQ stresses that calendar changes are local school board decisions, but that the calendar is a “key lever” in addressing student learning loss, even if this causes financial strain on the district. Teacher pay and contracts are also briefly addressed in the new FAQ, which states that, “in most cases, a district can require its teachers to work the extra days if the district: 1) provides additional compensation under existing contracts that permit extended calendar/number of days worked flexibility to the teachers for the extra time required to complete the adjusted school year; and 2) extends by agreement the existing teacher contracts to address the extra time and any associated compensation.”

ATPE member and former Texas Teacher of the Year Stephanie Stoebe told CBS Austin news this week, “I could support us having longer breaks. I could support year-round school, but I definitely believe we need to be in the classroom.” Also featured in the story, ATPE Governmental Relations Director Jennifer Mitchell noted that difficult school calendar decisions involve considerations such as childcare arrangements and the potential need for more funding that some districts may not have. Read ATPE’s recent press statement about school calendar concerns here.


TEA released new guidance yesterday on CARES Act funding for school districts, which includes information about using federal stimulus funds to provide services to private school students and the ability of districts to use the emergency funds to supplant, not supplement, obligations in their current budgets.

Commissioner Mike Morath

As expected, Texas Education Commissioner Mike Morath sided this week with U.S. Secretary of Education Betsy DeVos’s interpretation of “equitable services” under the CARES Act. DeVos asked states to instruct their public school districts to use Title-I-based federal emergency education funds to provide services (such as teacher professional development and technology) to all non-profit, private school students in their bounds, regardless of income or student residence location. This interpretation differs from the long-established intent behind the equitable services provision in Title I of federal education law, which requires equitable services only for students who reside within a public school’s attendance zone located in a low-income area and are failing or at risk of failing to meet achievement standards.

Read more about the development in this Teach the Vote blog post.


ELECTION UPDATE: The on-again/off-again saga of mail-in voting in Texas continues, but appears to be off again for now. The Texas Supreme Court heard arguments this week on whether to expand mail-in voting in light of concerns about the spread of COVID-19. A state district court and appellate court both ruled in favor of expanding mail-in voting, but Texas Attorney General Ken Paxton (R) appealed the rulings.

Also this week, a federal judge ruled that the state’s current restrictions on voting by mail violate the Equal Protection Clause of the U.S. Constitution and that all registered voters in Texas could apply to vote by mail. Again, at the request of Paxton, the U.S. Fifth Circuit Court of Appeals agreed one day later to temporarily stay the expanded vote-by-mail ruling while it decides whether to substantively overturn the decision.

Read more on the dispute in this week’s Texas election roundup blog post from ATPE Lobbyist Mark Wiggins.


Gov. Greg Abbott, Lt. Gov. Dan Patrick, and Speaker of the House Dennis Bonnen (R-Angleton) sent a letter this week to state agencies and institutions of higher education asking them to submit a plan to reduce their budgets by 5% for the current biennium.

State leaders suggest cutting administrative costs that are not “mission critical.” The Foundation School Program, school safety, and employer contributions to the Teacher Retirement System, among other essential government functions, are excluded from the call for a reduction.

Looking ahead to the next two-year state budget that lawmakers will adopt in 2021, the letter from “the big three” leaders also warns of additional belt-tightening in the months ahead.

“Every state agency and institution should prepare to submit reduced budget requests as well as strategies to achieve further savings. Furthermore, when the state revenue picture becomes clearer in the coming months, it may become necessary to make additional budget adjustments.”


ATPE wants to hear from you regarding your concerns about returning to campus for the 2020-21 school year. We invite educators to take our short, confidential survey to share your feedback. Your input will help us develop resources and provide support for Texas educators and students during this uncertain time.

This survey is open to any Texas educator, so please share it with your colleagues. The survey may be taken only once from an IP address and will remain open through June 3.

Teach the Vote’s Week in Review: April 24, 2020

Educators won’t see their classrooms filled with students anytime soon, so “emergency remote learning” and teacher parades will have to suffice in the meantime. Here is a look at this week’s education news from the ATPE Governmental Relations team.


CORONAVIRUS UPDATE: As we reported on our blog last week, Gov. Greg Abbott is slowly rolling out plans for a gradual reopening of Texas businesses, with more information expected to come from the governor on April 27. Abbott has ordered schools to remain physically closed through the end of the school year, while allowing educators to access school buildings to carry out their duties. The Texas Education Agency (TEA) has shared guidance on entering school buildings, which states that teachers should self-screen, maintain social distancing, and wear a face covering, among other things.

TEA has also added to its website a COVID-19 Support page for Texas educators. This resource page has a more limited scope than TEA’s main coronavirus resource section, focusing on topics of interest to educators, such as certification and evaluation.

The educator support page features new guidance this week for individuals pursuing educator certification, including details on a waiver from Gov. Abbott that allows certain educator certification candidates to apply for a one-year probationary certificate. These candidates will have to complete the fingerprinting process, which – while safer for students – will also cause some hiccups as many fingerprinting locations are closed or have limited appointments. TEA announced last week that out-of-state educators who are on a one-year certificate will receive an automatic one-year extension. Next Friday, the State Board for Educator Certification (SBEC) is set to discuss other COVID-19-related educator issues, stay tuned to Teach the Vote and @TeachtheVote on Twitter for coverage. Find the May 1 SBEC agenda here.

As we previously reported, the State Board of Education (SBOE) briefly discussed funding concerns associated with COVID-19, a thought that is on the minds of many educators. ATPE is monitoring the Texas economy and has taken action by sending a joint letter to TEA Commissioner Mike Morath requesting the suspension of charter school expansions during this pandemic. Current charter expansions could cost the state $90 million dollars at a time when state agencies and other public institutions foresee budget cuts on the horizon. ATPE has not received a reply to this request, though there was affirmation at the SBOE meeting that TEA would provide a response.

ATPE also hopes to hear back from the commissioner on our request for statewide action in the application of educator appraisals. Several other states have suspended appraisals, while others, like Texas, have left the decision up to individual school districts. Many educators have expressed that they feel like first-year teachers again and some say they haven’t heard from certain students since they last saw them in school. While feedback is essential for professional growth, this unique situation is likely to yield unfair and invalid appraisal results.

For more resources related to the pandemic, visit ATPE’s Coronavirus FAQ and Resources page for frequently updated information for educators, and follow the ATPE lobby team via @TeachtheVote on Twitter for the latest legislative and regulatory news. Also, keep reading below for updates on federal developments pertaining to COVID-19.


FEDERAL UPDATE: More COVID-19 developments at the federal level occurred this week as the U.S. Department of Education (ED) released the long-awaited application for Coronavirus Aid, Relief, and Economic Security Act (CARES) Act funding. The CARES Act provides waivers of various federal laws and $13.5 billion in education-dedicated funding, 90% of which is divvied up through Title I formulas. According to the Learning Policy Institute, Texas is expected to receive on average $264 per pupil for a total of over $1.4 billion dollars from the CARES Act. This amount includes the Texas portion of the $13.5 billion and assumes half of the Texas portion of the Governor’s Emergency Education Relief (GEER) Fund, which could send over $307 million to Texas, will go to PK-12 with the other half going to higher education. Without any additional federal funding, a statewide cut to education of just 6% would zap the boost from the CARES Act. Texas has also been approved for federal spending waivers, which will allow districts to move federal funds around more freely to address new expenditures and potential shortfalls in the future (though this will not solve overall cuts).

Congress also passed a fourth coronavirus aid package this week, which sends hundreds of billions of dollars to small businesses and provides assistance for hospitals and COVID-19 testing needs. For more information about how the other coronavirus aid packages impact you, including paid family/sick leave and cash rebates, visit ATPE’s Families First Coronavirus Response Act (FFCRA) page here and the CARES Act page here.


ELECTION UPDATE: With Texas’ July 14 primary runoff elections on the horizon, many Texans are contemplating the safety of voting in person. The option of mail-in voting, while recommended by the U.S. Centers for Disease Control (CDC), has become a partisan issue. Ruling on one of two lawsuits filed by the Texas Democratic Party, a Texas district judge sided with voters last week by effectively allowing all Texans to vote by mail. This decision is expected to be appealed by Texas Attorney General Ken Paxton, who has already refuted the arguments used by the district judge. Do you think all Texans should be allowed to vote by mail? Read more in this blog post by ATPE Lobbyist Mark Wiggins.

Related: This year’s state legislative elections have even more significance with redistricting on the horizon. The 87th Texas Legislature is set to redraw district boundaries during the 2021 legislative session that begins in January. That’s why it’s important for Texans to respond to the 2020 U.S. Census. Talk to everyone you can about completing the census online, especially if they have small children. The census is crucial for funding public schools and informing redistricting decisions next year. Learn more about the 2020 Census and find FAQs here.


Master Teacher certification was eliminated last year as part of House Bill (HB) 3 passed by the 86th Texas legislature, reportedly to avoid avoid naming confusion with the “master teacher” designation in the new Teacher Incentive Allotment (TIA) program. This has left Master Teachers wondering if they can keep their current teaching assignments once their certificates expire. The ATPE lobby team has been working on this issue with state leaders to find a solution and has made significant progress. Read more in this week’s blog post by ATPE Lobbyist Andrea Chevalier.


ATPE member and award-winning, 17-year teaching veteran Amy McKee of Leander ISD planned to have her annual show week for her dance students this week. McKee’s spring show is the culmination of months of hard work, growth, and team spirit, and is an emotional capstone for seniors who ceremoniously hang up their uniform hats at the end of the show. Not about to let her students miss out on the joys of show week, McKee put her creative skills to work and curated a series of special, “socially-distanced” events to honor her students.

Thank you to all educators who are transitioning to the unique needs of students during this time! #TeachersCan

Do you have a story to tell? ATPE wants to hear how you are adapting to a new educational environment during the coronavirus pandemic. Click here to email us your stories, best practices for distance learning, or strategies you’re using to stay upbeat during the crisis.

Teach the Vote’s Week in Review: April 17, 2020

Across Texas and the nation, educators are rising to the occasion to provide distance learning for their students. It is no easy feat to keep students engaged from afar, especially with absenteeism on the rise (including a crop of high school seniors with severe senioritis). Hang in there because this won’t last forever! Here is a look at this week’s education news from the ATPE Governmental Relations team.


CORONAVIRUS UPDATE: Today, Gov. Greg Abbott held a press conference to announce several executive orders related to strategically reopening Texas in gradual phases. While sharing a plan to open businesses, Abbott stated that schools are to remain physically closed through the remainder of the school year, although teachers can still access school buildings in order to carry out their duties (including facilitating distance learning). Gov. Abbott’s executive orders issued today follow President Trump’s release of guidelines for a state-led, phased reopening of the country. For more detail, read today’s breaking news post on Teach the Vote here.

Gov. Abbott gives a press conference at the Texas State Capitol, April 17, 2020.

In the new Executive Order EO-GA-16 issued today, Gov. Abbott writes, “Public education teachers and staff are encouraged to continue to work remotely from home if possible, but may return to schools to conduct remote video instruction, as well as perform administrative duties, under the strict terms required by the Texas Education Agency.” This afternoon, the Texas Education Agency (TEA) swiftly released new guidance on entering school buildings following today’s press conference.

Gov. Abbott added that he will issuing updated guidance for the state on April 27, 2020.

COVID-19 continues to impact educators’ work lives. As we reported last week, educator preparation and certification procedures stand in limbo with certification tests suspended through April 30, 2020. This week TEA posted updated information about certification testing. TEA also announced this week that out-of-state educators who are on a one-year certificate will receive an automatic one-year extension. Solving this issue for those in other situations will likely require rulemaking by the State Board for Educator Certification (SBEC) and potential legislation during the next legislative session. Meanwhile, ATPE awaits a response from the commissioner of education to our request for statewide action in the application of educator appraisals, which are unlikely to yield fair and valid results under current conditions, as well as the recent request by a consortium of education groups including ATPE to suspend the expansion of charter schools during this pandemic.

As we have been reporting here on Teach the Vote, recent congressional action is making emergency funding available to individuals, businesses, and state governments during the pandemic. Read ATPE’s information about the Families First Coronavirus Response Act (FFCRA) here and the Coronavirus Aid, Relief, and Economic Security Act or CARES Act here. The CARES Act provided flexibility in the form of waivers of various federal laws, such as student testing and accountability requirements. CARES also provides $3 billion in relief through the Governor’s Emergency Education Relief (GEER) Fund. Read more about the new funding available to Texas under this provision in this week’s blog post by ATPE Lobbyist Andrea Chevalier.

Here are some additional resources to help educators dealing with the pandemic:

  • The TEA coronavirus resource page offers a plethora of resources. New guidance added to the site this week includes information on instructional continuity, special populations, accountability, English language learner guidance, waivers and funding, educator and staff issues, remote counseling, and more.
  • Also, TEA is assisting in the promotion of a meal finder tool and a home-learning website with resources for parents, educators, and school districts.
  • Visit ATPE’s frequently updated Coronavirus FAQ and Resources page for frequently updated information for educators dealing with the pandemic.
  • Follow the ATPE lobbyists and @TeachtheVote on Twitter for the latest legislative and regulatory news related to this crisis.

ELECTION UPDATE: This week, a Texas district judge expanded the eligibility criteria for absentee ballots to include those who risk exposure to the coronavirus if they vote in person. The ruling effectively allows all Texans to vote by mail, but it is expected to be appealed. This is a temporary win for the Texas Democratic Party, which has filed two lawsuits against the state and the governor seeking expanded opportunities for mail-in ballots amid the risks associated with in-person voting during the pandemic.

According to a report in the Texas Tribune, Texas Democrats were concerned by the party-line decision of the U.S. Supreme Court that resulted in Wisconsin voters being forced to vote in person in contradiction to the U.S. Centers for Disease Control (CDC) recommendations for preventing the spread of COVID-19. Republican Party of Texas Chairman James Dickey has voiced opposition to expanding mail-in ballots, suggesting that mail handlers could also risk COVID-19 infection. Gov. Greg Abbott stated in March that “everything’s on the table,” but has been relatively quiet on the subject since then.


SBOE conducted its April meeting by video conference.

This week, the State Board of Education (SBOE) met virtually to consider an abbreviated agenda. The board added a May 2020 meeting to its calendar to take up postponed items, including a discussion of the health and physical education TEKS.

The SBOE gave final formal approval this week to the new African American Ethnic Studies course after lengthy discussion over the past year. Additionally, members of the board’s standing committees discussed concerns about charter school expansion and the health of the Permanent School Fund (PSF) during the pandemic.

ATPE Lobbyist Mark Wiggins has reported on this week’s SBOE meetings for our blog: read his Thursday blog post and Friday blog post for more.


The Teacher Retirement System of Texas (TRS) Board of Trustees also met virtually this week, covering a wide range of topics during its truncated meeting on Friday, April 17, 2020. ATPE Senior Lobbyist Monty Exter reports that the board adopted TRS-ActiveCare rates and benefits, as well as plans to improve ActiveCare in response to information gleaned from outreach to employers and stakeholders.  Also of note, the board received a report on the TRS pension trust fund’s remarkable resilience during the current economic downturn.

TRS staff shared steps the agency has taken to protect the health of its employees while remaining  open and able to serve members during the COVID-19 Pandemic. On a related note, TRS has hit the pause button on resolving it leasing and sub-leasing plans surrounding the need to house the TRS investment division until markets stabilize. While rents at their current location, which they plan to release after a change of course, may come down, the ability to sublease the space at the Indeed Tower location may be greatly reduced. Additionally, TRS will reevaluate its broader plan to ensure it has adequate space in light of lessons learned throughout this period of forced telecommuting.

For more on today’s hearing, view this Twitter thread by Exter who live-tweeted today’s hearing. You can also review the TRS board meeting materials or watch an archived video of today’s hearing.


As of yesterday, the 2020 U.S. Census national self-response rate was tracking close to 50%. There was a slight bump in responses after Census Day (April 1), and responses have been slowly increasing since then but appear to be leveling off now. Though Texas’ response rate is up to 45.1%, it is still under the national count. Due to the coronavirus pandemic, it is more important than ever to push online/phone/mail census completion options.

This week, the Trump administration proposed delaying the date that census counts would be delivered to the states, which would push redistricting decisions in Texas into the 2023 legislative session. The proposed 120-day extension would have to be requested of Congress by the U.S. Census Bureau. While having conversations about the census, it is important to not politicize the intent of the counts, which are meant to ensure a fair and representative democracy, plus funding for public benefits such as schools and roads. Learn more about the 2020 Census, including timeline delays already in place, in this blog post by ATPE Lobbyist Andrea Chevalier and find census FAQs here.


ATPE member James Butler of Austin was featured during the last two weeks in news stories by KUT and KXAN for his daily “Mindful Moment” postings on social media. Butler is the social emotional learning mindfulness specialist for Austin ISD. He works with children (and adults) to instill a routine that includes breathing, journaling, naming your feelings, and showing gratitude in order to be mindful and present. Check out his post today, shown below, for a quick reset and some good feelings.

ATPE wants to hear how you are adapting to a new educational environment during the coronavirus pandemic. Click here to email us your stories, best practices for distance learning, or strategies you’re using to stay upbeat during the crisis.


President releases education budget proposal for 2021

On February 10, 2020, President Donald Trump released his budget proposal, which is a statement of  his administration’s spending priorities across all sectors of government. Because the president’s budget is merely a proposal, any of these funding amounts would still need to be approved by Congress in order to be enacted. Historically, Congress has largely ignored President Trump’s funding proposals for education.

The education portion of the president’s 2021 budget recommendation is focused on “education freedom.” While cutting funding for the U.S. Department of Education by $5.6 billion, the proposal requests funds to provide up to $5 billion annually in “Education Freedom Scholarships.”  Using these funds, states would be free to design their own scholarship programs, which could be used to send public dollars to private schools. This requested increase in voucher funding reflects the president’s statements during his State of the Union address last week, which my fellow ATPE Lobbyist Mark Wiggins reported on here and here for Teach the Vote.

Trump’s proposal also consolidates 29 federal education programs into one block grant totaled at $19.4 billion, which is $4.7 billion less than Congress approved for these programs in 2020. A list of the programs can be found here (see p. 9), which includes 21st Century Learning Centers, charter schools, school safety national activities, and the $16 billion Title I Grants. This change purportedly would cut the role of the Department of Education significantly by reducing staffing and administrative costs. Though this is labeled a “block grant,” funds would still be allocated using the Title I formulas. The proposal indicates that states and school districts could use the funds on any of the consolidated programs and would still have to follow key accountability and reporting requirements.

Consistent with the president’s affinity for career and technical education (CTE), the proposal also includes $2 billion for CTE state grants and $90 million for CTE national programs. Part of this $763 million increase would be funded by a proposal to double the fee for H1-B visas.

The president’s 2021 budget recommendation includes an increase of $100 million in funding for Individuals with Disabilities Education Act (IDEA) Part B grant funding, for a total of $12.8 billion. This increase is relatively small considering the overall funding needs for students with disabilities. (Texas appropriated over $2 billion for this purpose during the 86th legislative session.)

As was the case in previous presidential budget requests from the Trump administration, the proposal eliminates the Public Service Loan Forgiveness program, citing that it “unfairly favors some career choices over others.”

Review past reporting on President Trump’s budget requests for the 2018, 2019, and 2020 fiscal years here on ATPE’s Teach the Vote blog.

Congress passes education budget

Congress passed a funding bill today that averts a looming government shutdown and, among other spending, includes FY 2019 funding for the U.S. Department of Education (ED). The measure now heads to President Trump for his signature.

Under the spending measure, the overall federal education budget is increased based on current levels, with major programs like Title I and special education seeing program specific bumps. President Trump asked for more than $7 billion in overall budget cuts to ED in his budget request to Congress earlier this year. Congress’s education budget also largely ignores his request to funnel north of $1 billion to various school choice programs, but does include increased funding for charter school grants.

The bill increases funding levels for a grant aimed at creating safer schools. Despite efforts from Democrats, a prohibition on using certain funding under the Every Students Succeeds Act (ESSA) to arm teachers in schools did not make it into the bill. Texas has been at the center of the debate following questions from Texas school districts asking whether Title IV ESSA funding could be used to arm teachers. At a hearing on ESSA held by the Senate Health, Education, Labor, and Pensions Committee yesterday, the issue again garnered significant attention. Education Secretary Betsy Devos has maintained that the law offers districts considerable flexibility and does not specifically prohibit spending on arming teachers.

President Trump said earlier today that he will sign the measure, which keeps the government running through December 7 and also funds the Defense, Labor, and Health and Human Services Departments.

 

Teach the Vote’s Week in Review: Jan. 12, 2018

Happy Friday! Here’s a look at this week’s education news higlights:


The Texas education community was rocked this week by federal officials announcing that Texas violated laws by failing to provide adequate evaluation of and services to students with disabilities. The findings concluded a lengthy investigation in which federal officials visited Texas schools, interviewed parents and educators, and reviewed documentation about how students with special needs were identified and treated.

One of the issues at the center of the investigation was evidence that the Texas Education Agency (TEA) had either explicitly or tacitly compelled districts to keep the percentage of their students receiving special education services below a cap of 8.5 percent. ATPE supported legislation, Senate Bill 160 by Sen. Jose Rodriguez (D-El Paso), that was passed last year to end the practice.

Gov. Greg Abbott responded to this week’s announcement by directing Texas Education Commissioner Mike Morath to craft a plan within seven days to reform the system and make recommendations for any needed legislative changes. Abbott also angered many educators by stating in a press release that school districts had been at fault. The governor accused school district administrators of a “dereliction of duty,” prompting rebuttals from the Texas Council of Administrators of Special Education and other groups who noted that school district officials had merely been following the instructions and requirements given to them by TEA.

Read more about federal investigation findings in this republished post from The Texas Tribune.

 


ATPE has issued a response to one state senator’s complaints about efforts to improve voter turnout in school communities. As we reported before the holidays, Sen. Paul Bettencourt (R-Houston) has asked Attorney General Ken Paxton for guidance on whether it is legal for groups like ATPE and the Texas Educators Vote coalition to work with school districts on programs to encourage and make it easier for educators and eligible students to vote. Bettencourt has complained about school boards adopting a coalition-drafted resolution supporting a culture of voting in Texas public schools; school administrators encouraging teachers to vote; and school districts providing transportation to the polls.

Today, ATPE joined other education-related groups who have written to the attorney general in response to Sen. Bettencourt’s misleading claims about our nonpartisan Get Out The Vote (GOTV) efforts. Read the letter from ATPE Governmental Relations Director Jennifer Canaday to Attorney General Paxton here.

 


In response to changes sought by the federal government, Texas Education Agency (TEA) officials earlier this week submitted a revised plan for state compliance with the Every Student Succeeds Act (ESSA). Learn more about the adjustments proposed by state officials, many of which relate to the state’s accountability system and implementation of state law changes made last legislative session, in this blog post from ATPE Lobbyist Kate Kuhlmann.

 


The 2018 Texas primary elections are now less than six weeks away, with early voting scheduled to begin on Feb. 20. Have you checked out our candidate profiles here on Teach the Vote? Our profiles of candidates running for the Texas Legislature, State Board of Education, Governor, and Lieutenant Governor include links to campaign websites, notes on significant endorsements made by other groups, legislative incumbents’ voting records, and responses to our candidate survey. If your area candidates have not yet responded to our survey, ask them to participate! For additional information, contact the ATPE Governmental Relations team at government@atpe.org.

 


A commission created by lawmakers of the 85th Texas Legislature to study the issue of school finance is scheduled to hold its first meeting January 23 in Austin. Tacked onto House Bill (HB) 21 during the August special session, the 13-member commission is tasked with making recommendations for the improvement of the public school finance system, including:

  1. The purpose of the public school finance system and the relationship between state and local funding in that system
  2. The appropriate levels of local maintenance and operations and interest and sinking fund tax effort necessary to implement a public school finance system that complies with the requirements under the Texas Constitution
  3. Policy changes to the public school finance system necessary to adjust for student demographics and the geographic diversity in the state

The commission is composed of members appointed by the governor, speaker of the Texas House, lieutenant governor, and chair of the State Board of Education (SBOE). Board Chair Donna Bahorich (R-Houston) appointed SBOE Member Keven Ellis (R-Lufkin) to serve on the commission. Gov. Greg Abbott (R-Texas) appointed former Texas Supreme Court Justice Scott Brister to chair the commission. The governor also appointed Todd Williams, who serves as education policy advisor to Dallas Mayor Mike Rawlings, former state Rep. Elvira Reyna, and Galena Park ISD teacher and ATPE member Melissa Martin.

Lt. Gov. Dan Patrick (R-Texas) named Senate Education Chair Larry Taylor (R-Friendswood), state Sen. Paul Bettencourt (R-Houston), state Sen. Royce West (D-Dallas), and Pflugerville ISD superintendent Doug Killian. House Speaker Joe Straus (R-San Antonio) appointed House Public Education Committee Chair Dan Huberty (R-Houston), Vice-Chair Diego Bernal (D-San Antonio), Educator Quality Subcommittee Chair Ken King (R-Canadian), and Austin ISD CFO Nicole Conley Johnson.

The commission must report its recommendations by December 31, 2018.

 


 

TEA submits revised federal ESSA plan

Commissioner of Education Mike Morath wrote school administrators yesterday to inform them that the Texas Education Agency (TEA) submitted its revised plan to implement the Every Student Succeeds Act (ESSA). The U.S. Department of Education (ED) issued feedback in December to Texas’s original state ESSA plan, which required some revisions and asked for additional clarity.

Morath’s letter to administrators largely focused on how the revised plan would impact the implementation of House Bill (HB) 22, a piece of accountability-related legislation passed by the 85th Texas Legislature, as the major areas addressed by ED involve the new academic accountability system.

“Due to federal timeline requirements, the Agency was forced to make preliminary decisions on the new House Bill 22 (HB 22) accountability system ahead of the timeline for our state rulemaking,” Morath wrote. “I want to emphasize the decisions laid out in our revised ESSA plan do not reflect final stakeholder input and are an effort to comply with federal timelines and requirements.”

Among the changes made to address issues outlined by ED, TEA’s revised plan:

  • alters the long-term goal for ESSA to entail 30 percent growth based on baseline scores from the 2016-17 school year (the original long-term goal didn’t cut it for ED because, for example, it failed to anticipate graduation rate growth for certain student subgroups, in this case white males; proficiency goals are also now based on a meeting grade level expectation rather than the originally proposed approaching grade level expectation);
  • removes writing, science, and social studies test results from the academic achievement considerations (ED interprets the law to say only math and reading/language arts results can be used to calculate this indicator; the other test results will still be used for calculating student success and school quality);
  • aligns the accountability impact for failing to meet the required 95 percent testing participation rate with federal stipulations, which will impact schools where parents opt their students out of state standardized testing;
  • adjusts the federally required summative rating calculation so that either student achievement or progress (the better score of the two) makes up 70% of the rating, while 30% consists of progress towards closing the gaps (the original calculation would have averaged the two percentiles); and
  • changes accountability for recently arrived English language learners so that it begins in their second year in U.S. schools (the original plan would not have included some recently arrived ELL students in some accountability results for the first two years and would have omitted some asylum/refugee students for up to five years).

The revised state plan also adds language to clarify various aspects of the proposal. For example, ED asked for more information on how Texas plans to satisfy a federal requirement to track and publicly report the disproportionate rates at which poor and minority children have access to experienced, qualified educators, an issue on which ATPE has long advocated for change driven by research-based solutions. The revised plan dives deeper into Texas’s landscape and the way TEA intends to calculate and report the data.

The letter goes on to inform administrators that TEA will submit amendments to the plan if additional feedback leads to “decisions different from what is proposed and already submitted in our ESSA plan.” Similar language in the original plan submitted to ED was omitted in the revised plan.

Read Morath’s full letter and access the revised state ESSA plan here.

Teach the Vote’s Week in Review: Jan. 5, 2018

Happy New Year! Here’s a look at this week’s education news from ATPE Governmental Relations:


As the first week of January comes to a close, many people are setting their New Year’s resolutions for 2018. ATPE Lobbyist Monty Exter suggests adding a resolution to become a more engaged and informed voter in 2018 to your list. Read more tips in his blog post here.

 


The State Board of Education (SBOE) is hosting a series of upcoming meetings to gather feedback from educators on the state’s Long-Range Plan for Public Education. Stakeholder events are scheduled this month and next month in Houston, San Antonio, Salado, Amarillo, and the Rio Grande Valley. To learn more about how educators can register to participate in these community conversations, check out this blog post from ATPE Lobbyist Mark Wiggins.

 


Federal education officials have weighed in on the Texas Education Agency’s draft state plan for compliance with the Every Student Succeeds Act (ESSA). As reported in this blog post from ATPE Lobbyist Kate Kuhlmann, the state is preparing a revised submission next week to address revisions sought by the U.S. Department of Education.

 


 

Texas receives feedback from feds on ESSA plan

Over the holiday break, the U.S. Department of Education (ED) issued feedback to Texas on its final plan to implement the Every Student Succeeds Act (ESSA), which it submitted in September. The letter requests that the Texas Education Agency (TEA) revise its plan consistent with the feedback identified by ED and resubmit its plan by Monday, unless the state chooses to request a later date of re-submission.

The full letter, which includes 11 pages of feedback, identifies issues with various aspects of the state’s plan. Among the revisions requested, ED disputes the state’s calculation of graduation rate progress for accountability purposes (for some subgroups, progress is not anticipated); strikes down the exclusion of test results for certain English language learners (recently arrived English language learners would not be included in some accountability results for the first two years and some asylum/refugee students would not be counted for up to five years); and questions whether the state’s inclusion of the new 95 percent testing participation rate requirement is adequate for calculating school accountability (Texas would use it to calculate accountability, but ED isn’t sure it’s being used appropriately within the system).

Another revision noted by ED is one resulting from a strict interpretation of the statutory language. TEA proposes using STAAR results in science, social studies, and writing to calculate results under the Academic Achievement indicator, but ED asks TEA to move those elsewhere in the accountability system because the law states that only reading/language arts and mathematics are permissible under the Academic Achievement indicator. ED also asks for more clarity on the School Quality or Student Success indicator, which TEA would calculate using STAAR math and reading scores in grades 3-8 and college, career, and military readiness indicators in high school.

Watch Teach the Vote next week for more on the Texas ESSA plan as TEA meets its deadline to respond. In a statement released last month, education officials in California stated they appreciated the feedback but noted “areas of disagreement over the interpretation of federal statute.” The statement is an example of uncertainty with regard to how ESSA compliance plays out at the state level while the federal government seeks to shift more control to states and sticks to strict interpretation of the law in lieu of rulemaking.