Tag Archives: federal funding

Another round of federal stimulus inching closer to reality

Another round of federal relief money is one step closer to becoming a reality, as Republicans in the U.S. Senate on Monday presented their proposal two months after Democrats passed theirs out of the U.S. House of Representatives. With substantial differences between these latest two COVID-19 relief proposals, however, there is much work to be done to negotiate a plan that can pass out of both chambers.

The $1 trillion Republican proposal, dubbed the Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act, includes $105 billion for education, $70 billion of which would go to K-12 schools specifically. However, two-thirds of that funding, roughly $47 billion, would only flow to schools that reopen for in-person instruction and would not be available to schools that only offer virtual instruction in response to high levels of local COVID-19 infections. Schools that delay in-person instruction for safety reasons could receive some of the remaining one-third of the funding that would be split among all schools, regardless of whether they open in-person or through distance methods. Similar to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed by President Trump on March 27, the new proposal also includes $5 billion for state governors to spend on K-12 and higher education.

Even though states would receive funds under the Republican HEALS Act proposal based proportionately on their previous school year’s Title I funding, states would have to reserve a proportional portion of the federal funding for private schools. Private schools receiving federal funds would not be subject to the same requirements under the GOP proposal as public schools. The new proposal does not include a requirement to provide “equitable services” to private schools under the new funding as was included in the CARES Act.

The Republican proposal also includes immunity from liability intended to shield school districts and businesses that reopen amid the pandemic from lawsuits by employees or customers who are exposed to the virus or become infected as a result.

Another major headline of the Senate plan includes lower monthly unemployment payments. Payments would decrease from the current $600 per week down to $200, which could be combined with state unemployment benefits for up to 70% of a person’s wages before losing their job due to the pandemic. Those unemployment payments, created by the CARES Act in March, are scheduled to expire this weekend unless extended by Congress. The GOP plan would extend the moratorium on evictions, a provision from the first CARES Act that has already lapsed, and would provide another round of stimulus checks using the same criteria as under the CARES Act. Each individual earning up to $75,000 per year would receive $1,200, and decreasing amounts would be paid to those earning up to $99,000.

The Republican plan is part of a larger package of legislation that includes a stand-alone voucher bill filed by Sen. Tim Scott (R-SC) and cosponsored by Sen. Lamar Alexander (R-TN) that would create a permanent program providing up to $5 billion in tax credits for contributions to scholarship-granting organizations (SGO) that transfer public school dollars to private institutions. This is a perennial proposal advocated by U.S. Secretary of Education Betsy DeVos in her quest to privatize education. The new voucher bill would also direct emergency education funding meant for public schools to SGOs for private use. Expansion of these voucher programs remains a top priority of the Trump administration and Secretary DeVos, as they continue using the pandemic to promote these proposals despite repeated failures to pass them through the Congress.

The House, under Democratic leadership, passed the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act back in May. The House bill would provide $90 billion directly to education, including $58 billion for all K-12 schools. Unlike the Senate plan, the House bill provides a separate $950 billion in emergency funding to state and local governments aimed at preventing budget shortfalls that could lead to layoffs of teachers and other public employees.

The HEROES Act would also provide another round of stimulus checks to individuals, and would additionally raise the payout for each dependent to $1,200 up from $500 under the CARES Act. The bill would extend the full $600 weekly unemployment payments into next year, extend the suspension of student loan payments, provide up to $10,000 in student debt relief, and prohibit Secretary DeVos from imposing restrictions on populations of students who receive emergency financial relief under the CARES Act.

Each of these proposals represents the opening bid in negotiations between the two chambers and the Trump administration. Senate Majority Leader Mitch McConnell (R-KY) has expressed a desire to vote on the Senate bill before members leave for recess August 7. The Senate bill was originally expected to be unveiled last week, but was reportedly delayed amid ongoing negotiations with the White House, which supports the Senate’s proposal. House Democrats passed their bill in May, but Senate Republicans ignored it and declined to take action on another relief package until recently.

Federal relief for schools would come at a critical time as the 2020-21 school year begins. Regardless of whether instruction is being delivered virtually or in person, school buildings across Texas will once again fill with teachers and staff, necessitating costly safety protocols. Virtual instruction poses added technology costs to districts, which are already looking at potential budget shortfalls due to declining tax revenues caused by the pandemic-induced recession.

Texas is estimated to face a $4.6 billion budget shortfall by the end of 2020, and the 2021 legislative session is already expected to feature drastic cuts in state spending. Federal relief dollars would go a long way in reducing the pressure to cut education spending here in Texas. House Democrats, Senate Republicans, and the president all will have to approve any additional relief package from Congress.

ATPE survey, TEA data show pandemic-related decline in student engagement

This spring, when the COVID-19 pandemic sent our educational system into triage mode, Texas educators were asked by the Texas Education Agency (TEA) to document “student engagement” using crisis codes in the state’s Public Education Information Management System (PEIMS). The data collected by the agency was released yesterday, but take it with a big grain of salt. The term “engagement” might be a misnomer based on TEA’s definitions, and ATPE’s own survey of Texas educators indicates we have a lot of work to do on re-engaging students.

Student engagement as we familiarly know it typically refers to factors such as attendance, participation in lessons, timely completion of assignments, and students’ attitudes toward learning. For reporting purposes during the crisis, TEA defined an engaged student as one who was responsive and completing assignments, which is rather vague. For example, secondary students in multiple classes were considered engaged if they were completing assignments in any core content area. Therefore, an “engaged” middle school student could have completed some assignments in an ELA course but in no other courses. An “unengaged” student was defined as responsive but not completing assignments, regardless of the underlying reason for the student’s lack of engagement. An “uncontactable” student was defined as not responsive at all.

As defined, the TEA crisis codes seemed to measure whether students were present as opposed to their true engagement. Additionally, these definitions leave out students who may not regularly complete assignments as part of their schooling, such as those who receive special education services.

The student engagement data newly released by TEA, which is still being updated by districts through July 16, showed that 88.72% of students were “engaged.” The agency reported that approximately 11% of students either were not engaged for some time or their school districts lost or had no contact with them. For context, this amounts to approximately 609,000 Texas students who severely lacked the emotional, academic, and social stability traditionally afforded by schools and educators this spring. That’s a disturbing number, even under TEA’s rudimentary definitions of engagement, but input we’ve solicited from ATPE members suggests a much larger number of students became less engaged once schools were forced to shut down because of the coronavirus pandemic.

The recent ATPE Membership Survey conducted June 5-19, 2020, included a question on student engagement that we believe provides much more insight about how students were participating and learning during remote instruction this spring. When asked how engaged their students were during remote instruction, just over 65% of ATPE members surveyed said their students were “slightly less engaged” or “much less engaged” on average as compared to their level of engagement during previous in-person instruction. This information was provided by 3,250 survey respondents.

ATPE 2020 Membership Survey results on student engagement during the pandemic-related school shutdown

The misnomer of “engagement” as loosely defined by TEA is even more problematic when applied to the agency’s disaggregated PEIMS data, which are presented in such a way that suggests students of color, low-income students, and students in younger grades were not as “fully engaged” in school this spring as other students. Whether or not these subpopulations of students were engaged is more accurately framed, we believe, by the barriers students may have faced both in accessing school materials and having the necessary instructional support at home. (Having a stable home setting and parents or caregivers who are present make a difference.) Through TEA’s “Strong Start” resources, districts are being encouraged to collect some survey data from families and educators related to barriers as they plan for the upcoming school year.

Where do we go from here? Evidence is mounting that the “COVID slide” will be steep and likely even steeper for students of color, low-income students, and younger students who may not be developmentally ready for remote instruction. With an upcoming school year that will include an even greater emphasis on remote instruction and no plans as of yet from TEA to halt state testing and accountability mandates, it is more important than ever to gather information on the barriers students face and make concrete plans to address them. TEA has said the state intends to use federal emergency dollars to improve connectivity and access to digital devices for students, but these will be of little use if a child has inadequate instructional support at home or no place to call home at all.

Including teacher voices to gather their experiences with students during remote learning and their take on how to improve access to education during a crisis is crucial. ATPE has urged the state and school districts to solicit feedback from educators, including classroom teachers, as they develop plans for the next school year.

An ATPE member told a story of sitting with their student (virtually) to talk through their parents’ loss of income, their fears about the pandemic, and adjusted assignment expectations since the student was now working at a job, too. This is not necessarily “completing an assignment,” but it is engagement and it is at the core of the work that educators do. If you can’t engage a student and have a meaningful relationship, their basic needs will not be met (remember Maslow’s Hierarchy of Needs?), and they will never get to a place of learning .

Read this reporting by the Texas Tribune to learn more about the “COVID slide” and the engagement data recently released by TEA.

Commissioner discusses COVID-19 issues at the June SBOE meeting

The Texas State Board of Education (SBOE) is holding its June meeting this week. On Monday, the board heard over 12 hours of testimony from more than 250 people on the review of the Texas Essential Knowledge and Skills (TEKS) for physical education and health TEKS. The board’s discussion of these TEKS was pushed to Tuesday’s meeting.

On Tuesday, the board began with an appearance by Texas Education Commissioner Mike Morath, whose comments were primarily related to education issues stemming from the current coronavirus pandemic. Because Texas lacks end-of-year student learning data, Morath pointed to an outside study on the blended learning tool “Zearn,” which showed disparate outcomes in learning between students with different wealth measures. Morath did note that data will likely be released today on Texas public school student engagement, which was gathered by teachers in the spring. Morath stressed that we cannot allow the public health crisis to become an educational crisis and discussed transitioning from crisis-mode instructional support to instruction, in order to minimize learning loss.

As we previously reported here on Teach the Vote, Morath explained that the Texas Education Agency (TEA) has used its waiver authority to set up two new school finance mechanisms, which will allow districts to receive funding for either a synchronous or asynchronous remote instructional model next school year. In a later answer to a question by board member Marisa Perez-Diaz (D-Converse), Morath explained that attendance (tied to schools’ ability to receive funding) in the asynchronous method of remote learning will be specifically determined through a district’s definition of progress and engagement, which must abide by an already established framework defined by TEA. Morath stressed that it is essential to get as many children back in school as possible and as quickly as possible, but the commissioner said he understands that it may not be safe for some children to return to school.

Morath stated that the risk of COVID-19 infection, transmission, and complications in children is much lower than for adults and expressed confidence that districts can implement enough strategies and protocols so that parents feel safe sending their kids to school. This appeared to leave some board members wondering, “What about the teachers?”

Board member Ruben Cortez (D-Brownsville) later asked the commissioner to address how the agency is prepared to protect educators and deal with infected school employees who have to miss school or quarantine. Morath pointed to the agency’s provision of personal protective equipment (PPE) such as face shields, plus guidance the agency has provided to districts suggesting screening protocols and considerations for higher levels of distancing. Similarly, member Aicha Davis (D-Dallas) later asked Morath if there was going to be any state support for teachers who are pregnant or have asthma, to which Morath responded that it will be left up to school districts to address this issue, and TEA has provided them guidance regarding staff who fall into a high-risk category. Morath suggested that there would not be any additional state financial support for districts in dealing with this issue of accommodating staff around such COVID-19 concerns.

During his presentation, the commissioner commented on the financial situation facing Texas public schools. He stated that while negative downturns in the economy will impact tax revenue, Texas has not announced cuts to public education funding and does not plan to cut funding in the coming years. Morath explained that the Elementary and Secondary School Emergency Relief (ESSER) fund created as part of the federal CARES Act will be used to execute the “hold harmless” provision for Average Daily Attendance (ADA) that the agency recently announced. This means that cuts to funding in the coming year will not be necessary, according to the commissioner. In addition to the ESSER funds, half a billion dollars will be allocated through the Coronavirus Relief Fund (CRF), also part of the CARES Act, which will fund 75% of schools’ coronavirus-related expenses incurred during the 2019-20 school year. Morath said the state also plans to provide PPE to every school district, fund access to broadband and digital devices through Operation Connectivity, and offer the free, optional Texas Home Learning platform and resources for districts that do not already have a learning management system (LMS) in place. The commissioner added that 24% of Texas students needed paper learning resources this spring, which is likely why connectivity and access to devices are a large focus of how the state plans to spend its emergency funds provided by Congress.

When board member Davis asked the commissioner how racial equity would be addressed in his agency’s efforts, Morath referenced the increases in funding that resulted from the legislature’s passage of House Bill 3, Operation Connectivity, and the Texas Home Learning network. Similar to his previous positions, the commissioner suggested that each district is responsible for closing the gaps and that TEA can only provide robust resources within the limits of the agency’s own funding. Member Barbara Cargill (R-Conroe) asked Morath how the Texas Home Learning network was being vetted and what was being done to ensure that it will not become the next CSCOPE. Morath responded that the new home learning resources were meant to be extremely transparent and available to the public, but the commissioner added that he would like those resources eventually to be vetted by the SBOE .

Before taking questions, Morath also commented on the reading academy requirements included in House Bill 3, stating that all requirements are still on schedule. Reading academies will be offered mostly in a blended learning form. Providers may begin offering cohorts in July. More information on reading academies can be found here.

Board member Tom Maynard (R-Florence) asked about TEA’s future plans for administering the STAAR test. Morath answered with a long-winded explanation of why assessments are important for measuring learning for diagnostic purposes and emphasizing the correlation between STAAR test scores and future outcomes for students. To provide districts some flexibility, the commissioner stated that the agency has extended the testing window for the coming school year and that there will likely be future adjustments to the A-F accountability system to compensate for not being able to calculate growth. In response to a question by board member Georgina Pérez (D-El Paso), Morath said he isn’t sure if Texas will be requesting another testing waiver from the federal government in the upcoming academic year.

Lastly, Pérez asked the commissioner to comment on charter school expansion requests and if TEA could improve its process for notifying SBOE members of charter school expansion amendment requests. (ATPE was among a coalition of education groups that asked the commissioner to impose a moratorium on granting charter school expansion requests during the COVID-19 pandemic in order to save the state money.) Morath replied that expansion requests are being processed as normal. With regard to notice requirement, Morath did not have an answer.

The SBOE will continue to meet through Thursday of this week. Find the full agenda here.

For all information and guidance that TEA has provided to districts during the pandemic, visit the TEA COVID-19 Support page. Be sure also to check out ATPE’s Coronavirus FAQ and Resources for frequently updated information for educators about issues related to COVID-19.

DeVos issues rule on sending stimulus funds to private schools

The U.S. Department of Education (ED) issued a final interim rule today to address disdain over its previous guidance directing public school districts to share an unprecedented amount of their federal emergency relief funds with private schools. As we previously reported here on Teach the Vote, after Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March, U.S. Secretary of Education Betsy DeVos interpreted language in the Act to require public school districts to use a proportional share of their federal emergency funds to provide equitable services to all students in private nonprofit (PNP) schools within their district bounds.

The new rule provides flexibility to school districts by giving them options – either spend the CARES Act funds only on Title I schools in the district and be held to normal proportional share and operating standards of equitable services under Title I; or spend CARES Act funds on all students in the district and be held to the department’s controversial interpretation of equitable services that requires districts to set aside more money for private school services. Under this clarification by ED, if a school district only has Title I schools, equitable services would be business as usual. The Texas Education Agency (TEA) recently conducted webinars on how districts should implement the CARES Act, including information on equitable services, and TEA will likely share more information in the coming weeks related to this new rule.

The Trump administration’s broader interpretation as announced by DeVos in April differed from the conventional interpretation of equitable services under Title I of federal education law (which is what the CARES Act references), which only requires equitable services to be provided to eligible students (such as low-income students) who reside in the district’s bounds. DeVos’s interpretation, which turns the intent of equitable services into something inequitable, was met with consternation from education stakeholders and push-back from top members of Congress in both parties.

The new interim rule will become effective immediately once it is officially published and will be much more forceful than simple guidance, so states will have no choice but to follow it. There will be a public comment period of 30 days once the rule is published, and lawsuits and injunctions against the rule are likely. ATPE has been lobbying members of the Texas congressional delegation to guard against unintended uses of the federal stimulus funds, and we will also share our input on the interim final rule with federal officials. Stay tuned for updates here on Teach the Vote.

Teach the Vote’s Week in Review: June 19, 2020

Today is Juneteenth, the day that notice of the Emancipation Proclamation freeing slaves finally reached Texas (two and a half years later). Celebrations like Juneteenth help educate future generation about our shared past and are a perfect way to continue conversations and action about the current issues facing our nation. For what happened in education this week, read the update below from the ATPE Governmental Relations team.


CORONAVIRUS UPDATE: Yesterday, Gov. Greg Abbott made a surprise announcement during a call to lawmakers that he intends for Texas schools to reopen for in-person classes in the fall, with flexibility offered for those who have health concerns. The Texas Education Agency (TEA) confirmed the plan in a brief statement, promising that more information will be forthcoming next week.

As reported by the Texas Tribune, TEA has said that the state will not require districts to mandate that students wear masks or be tested for COVID-19 symptoms. However, TEA has also said that the state plans to distribute personal protective equipment (PPE) to districts. Overall, the ambiguity in both the governor’s and TEA’s messaging and the delay in providing additional guidance to school districts have spurred confusion and anxiety among educators, who fear for the health and safety of students in addition to their own personal safety, as shown by a recent ATPE survey.

In response to the state officials’ remarks yesterday, ATPE released a statement that highlights our commitment to fighting for safe learning environments and our members’ respect for local control, allowing decision-making by locally elected school boards with the input of their local educators and community. We know that school districts around the state are working to make informed decisions about when and how to start the new school year, including deciding on necessary safety precautions to prevent the spread of COVID-19. Even without state-level orders on wearing masks, for example, some districts have already indicated that they will require their students and staff to wear masks when school resumes. Other safety measures being implemented by some districts include temperature checks, limiting classroom occupancy, staggering the days that students and staff are on the campus, and providing for distance learning options. To make these difficult decisions at the local level, school districts need additional support and comprehensive guidance from the state, and ATPE is urging TEA to provide this information as soon as possible.

In the meantime, ATPE has updated our Coronavirus FAQ and Resources page to address new questions about the developments this week. We will provide updated information as soon as TEA shares additional guidance to school districts next week.


Here’s more on the recent ATPE survey of educators about COVID-19. More than 4,200 educators and other school employees answered our poll on how COVID-19 has impacted education. No surprises here, educators responding to the survey cited student health and safety as their top concern, even more so than their own health and safety. Read this week’s blog post from ATPE Lobbyist Mark Wiggins for a full rundown.


The U.S. Department of Education has shared information about Texas’ plans for using federal COVID-19 relief funds for education. The newly posted certification and agreement documents are part of the state’s applications for the Governor’s Emergency Education Relief (GEER) and Elementary and Secondary School Emergency Relief (ESSER) funds included in the CARES Act.

According to the application, the K-12 portion of the $29.2 million in Texas GEER funds will be used as follows:

  • to support remote learning for all students, including ensuring connectivity (Operation Connectivity);
  • to create a comprehensive set of online instructional materials, which we presume will be hosted on the existing TexasHomeLearning.com website operated by the Texas Education Agency (TEA); and
  • to provide a virtual dyslexia intervention service.

Of the $1.28 billion in ESSER funds going to Texas, TEA plans to reserve 9.5%, the maximum amount allowed under the law, to use for discretionary projects, which are mostly focused on supporting remote and online learning. The agency plans to implement the following:

  • an online summer bridge program to assist graduating seniors;
  • a support and monitoring program for districts that are adapting to remote learning settings;
  • a “turnkey” remote instructional support and content delivery service (likely what TexasHomeLearning.com will become);
  • a program in which select districts redesign their models for online learning;
  • mental and behavioral supports; and
  • a remote dyslexia instruction platform.

The Texas Education Agency (TEA) updated its coronavirus-related web resources this week. TEA’s closure support and guidance page includes updates on allotments for personal protective equipment. The general support page features new FAQs for school boards and charter schools. The Texas Home Learning resources have been updated on the instructional continuity page, which also includes new information about changing school start dates. New federal funding and CARES Act reimbursement information is on the waivers, finance, and grants page. Lastly, the agency has posted new information on its assessment page related to the optional extended online testing windows for the 2020-21 school year.

Check out ATPE’s Coronavirus FAQ and Resources page for the latest information on COVID-19 issues facing educators.

Teach the Vote’s Week in Review: June 12, 2020

You have until Monday, June 15, to register to vote in the July 14 primary runoff election (and a special election if you happen to live in Texas Senate District 14). While you are making your voting plan for the July election, check out this week’s education news from ATPE Governmental Relations.


CORONAVIRUS UPDATE: Phase three to reopen Texas is well underway, with restaurants allowed to expand capacity to 75% starting today. By next Friday, amusement parks and carnivals in counties with more than 1,000 confirmed positive cases of COVID-19 may open at 50% capacity. Gov. Greg Abbott spoke with CBS Austin this week and noted that, with cases on the rise, his contingency plan should there be a resurgence will be to first roll back non-essential surgeries and other medical procedures.

The Texas Education Agency (TEA) updated quite a few coronavirus-related web resources this week. TEA’s closure support and guidance page includes updates on personal protective equipment and other safety guidance for summer school, graduation, and UIL. Information on residential programs has been updated on the special education page. TEA also provided an updated COVID-19 waivers document.

Changes were also announced this week that will impact educator certification candidates who are beginning internship requirements but have not taken their test and candidates who are required to complete otherwise face-to-face educator preparation program (EPP) requirements in the 2020-21 school year. Specifically, eligible candidates who are beginning internships will be able to obtain an intern certificate upon recommendation of their EPP, without having to meet testing requirements first. (Fingerprinting requirements remain in place.) This is similar to a previous waiver that allowed certification candidates who had completed all EPP requirements except their test to obtain a probationary certificate. Candidates who would otherwise be expected to complete face-to-face requirements such as clinical teaching will be able to meet these in a virtual setting. Read more here and find more information below about similar developments at the State Board for Educator Certification this week.

As always, ATPE’s Coronavirus FAQ and Resources page is being frequently updated with the latest information on COVID-19 issues for educators.


ELECTION UPDATE: It’s almost election time again! The deadline to register to vote in the July 14 runoff election (and a Texas Senate District 14 special election happening the same day) is Monday, June 15, 2020. For more on registration and why this election is important, check out this week’s blog post by ATPE Lobbyist Mark Wiggins.

Make sure you’re registered and learn what’s on your ballot here. View candidate profiles, including their ATPE survey responses and voting records, on Teach the Vote here. If you feel you meet the eligibility criteria to vote by mail, your application for a mail-in ballot must be received by your local election administration (not postmarked) no later than July 2. Find additional information about voter registration from the League of Women Voters here, plus get election reminders and other resources from the Texas Educators Vote coalition here. Early voting begins June 29!


FEDERAL UPDATE: Facing the unprecedented threat of the deadly novel coronavirus, Congress entered the spring of 2020 with what has become an extremely rare sense of bipartisan purpose, passing four large legislative packages to provide funding for hospitals and health care workers fighting the virus, as well as for businesses and individuals affected by the closures and stay-at-home orders implemented to prevent the spread of COVID-19. The federal CARES Act provided $30 billion for the U.S. Department of Education, including $13.5 billion for elementary and secondary education formula funding to be provided directly to states.

David Pore

ATPE has been tirelessly lobbying Congress to enact laws and policies that protect your ability to effectively educate students and retire with financial security. That includes fighting to repeal the arbitrary Social Security offsets that unfairly reduce the retirement benefits of educators. Read more about how ATPE is advocating for you in Washington, D.C. in this update from ATPE’s federal lobbyist, David Pore, as published in the ATPE News Summer 2020 edition.

 


The State Board for Educator Certification (SBEC) held a special meeting this week to consider a new rule that will allow more flexibility for educator certification candidates undergoing face-to-face requirements such as internships, field experiences, clinical experiences, practicums, and observations. The changes will be limited to the 2020-21 school year and will allow for at least partial completion of these requirements in a virtual setting. Read more about yesterday’s SBEC meeting and the proposed rule language in this blog post by ATPE Lobbyist Andrea Chevalier.


A recent study by researchers at Princeton and Tufts Universities finds that “teachers are people too,” when it comes to racial biases. In the peer-reviewed study published in the prestigious journal Educational Researcher in April 2020, the authors found that teachers, while surely well-intentioned, are no different in their levels of implicit and explicit biases from non-teachers of the same race, level of education, age, gender, and political affiliation. This finding highlights the need for training and supports to help teachers work toward recognizing and combating biases that may negatively impact students. The study authors also point out that due to the progress we must make with respect to teacher racial bias, schools are not likely to be the great societal equalizers that so many conclude they are. Read more about the study here.

Teach the Vote’s Week in Review: May 29, 2020

These are the strangest last days of school. No bustling students, smiling and excited for summer. No hugs goodbye or “Have a great summer” notes. Socially-distanced graduation ceremonies. Rest assured, students and teachers will be reunited in the coming future, more grateful than ever for the bond that is created during learning. As you start your summer, relax and enjoy some reading on this week’s education news from the ATPE lobby team.


Abbott press conference in Amarillo, May 27, 2020.

CORONAVIRUS UPDATE: On Tuesday, Gov. Greg Abbott issued a proclamation to expand services and activities that can be reopened in Texas, including water parks, driver education programs, and food courts in shopping malls (with limited occupancy). As previously announced, zoos can reopen today, and on Sunday, youth camps and sports can resume activity. Abbott also held a press conference Wednesday in Amarillo to share positive updates on the progress of testing and containment of the outbreak in the panhandle.

On Monday, schools have been authorized to reopen to students with special safety measures in place, such as taking students’ temperatures every day and separating desks by six feet (among many others). Citing logistical concerns with the feasibility of implementing such requirements, Houston ISD and other districts in the area have chosen to implement online-only summer school. Other districts may only offer statutorily-required summer school to rising kindergarten and first grade English learners. Midland ISD is collecting data from parents and teachers on how to proceed with learning in the upcoming school year. Ft. Bend ISD announced this week that it plans to offer a full-time virtual learning option for its students who are not comfortable returning to school in-person in the fall.

As more districts gather input from their communities and make decisions regarding summer and fall learning, we expect to see a variety of approaches emerge. To help educators navigate these changes, ATPE continues to update our Coronavirus FAQ and Resources page. The Texas Education Agency also has updated nearly every topic on its coronavirus-related webpage, including new year-round calendar examples and guidance pertaining to special education, special populations (English language learner summer school guidance), academics (dyslexia screening requirements), student assessment, and funding (CARES Act guidance).


ELECTION UPDATE: This week, the Texas Supreme Court ruled that lack of immunity to the novel coronavirus does not constitute a disability, overturning a lower court decision that would have effectively expanded who can vote by mail in Texas. The court did not, however, side with Texas Attorney General Ken Paxton in forcing local election officials to check the disability status of those who apply for a ballot by mail. A separate case in the U.S. Fifth Circuit is still pending.

In light of the health risks associated with voting in person, Gov. Abbott said this week in an interview (see the 4:30 mark) with Lubbock news station KCBD that he will extend the two-week early voting period for the November 2020 election.

Secretary of State Ruth Hughes this week announced a minimum health and safety protocol for voters and poll workers, which includes bringing your own ballot-marking device and curbside voting if you have COVID-19 symptoms and meet other eligibility requirements. Read more in this week’s election roundup post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: This week, U.S. Secretary of Education Betsy DeVos announced that the Department of Education (ED) would begin rulemaking to solidify its guidance directing public school districts to spend federal stimulus funds on private schools. This follows Texas’s issuance of its own CARES Act guidance, which instructs districts to heed ED’s interpretation of the “equitable services” provision within the law.

Betsy DeVos

Many argue that DeVos’s interpretation of how “equitable services” funds should be distributed under the CARES Act is actually inequitable. Her department’s direction could send an unprecedented amount of Title I-based federal emergency dollars to private schools, regardless of their students’ income, language status, or other eligibility criteria typically required by federal education law. Read more about the dispute over CARES Act funding in this blog post by ATPE Lobbyist Andrea Chevalier.

ATPE’s federal lobby team continues to discuss our concerns with lawmakers, and we will provide formal input on any new rules that are proposed by the department. However, it’s been reported that ED may use a “good cause” exception under federal administrative procedures to try to make the rule change effective immediately upon its publication, even before the public comment period expires. The U.S. House passed a new coronavirus relief bill earlier this month that would limit Secretary DeVos’s power to steer federal coronavirus relief funds to private schools, but the Senate has not been willing to consider the measure.


ATPE recently submitted formal comments on proposed rules for the Teacher Incentive Allotment (TIA) established through last year’s House Bill 3. The proposed commissioner’s rules outline key aspects of the TIA’s local optional designation systems, such as data sharing requirements, teacher eligibility, and the district plan approval process. ATPE’s comments to the agency highlight the need to maintain confidentiality in data sharing and recommend other changes to improve the rules. Read more in this blog post by ATPE Senior Lobbyist Monty Exter.


Recent surveys on education during the COVID-19 pandemic show parents and educators are worried about their students, mainly with learning loss and children’s ability to follow social distancing guidelines if they go back to school. They also appear to agree with the general public  in not wanting an extended school year calendar, instead preferring summer school options. Read more about the Learning Heroes Parent 2020 survey and the USA Today/Ipsos polls of parents and teachers in this blog post by ATPE Lobbyist Andrea Chevalier.

Do YOU want to take a survey and share your thoughts, too? Until June 3, ATPE invites educators  to share your concerns about returning to campus for the 2020-21 school year in ATPE’s short, confidential survey. You don’t have to be an ATPE member to participate, so please share the survey with your colleagues, too. Help us develop resources and support Texas educators and students during these uncertain times.

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.

Texas signals it may send federal K-12 dollars to private schools

This post has been updated from its original version to reflect new guidance issued by the Texas Education Agency on May 21, 2020. See details at the bottom.

Federal stimulus funding appropriated by Congress to help states and school districts deal with the effects of the coronavirus pandemic could find its way into the coffers of private schools and virtual education vendors. Even though public schools sorely need the federal emergency funding for their own students, U.S. Secretary of Education Betsy DeVos is calling for districts to set aside an unprecedented amount of their CARES Act funds for use by private schools. While other states have pushed back against that guidance, Texas officials seem more inclined to go along with Devos’s plan.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $13.5 billion for the K-12 Elementary and Secondary School Emergency Relief (ESSER) fund and another $3 billion for the Governor’s Emergency Education Relief (GEER) fund for K-12 and higher education needs. While both streams of funding are based to some degree on the number of low-income students, 90% of CARES Act funding aimed at K-12 schools will be distributed using Title 1 formulas. Second only to California, Texas is set to receive $1.29 billion in CARES Act ESSER funds and $307 million in GEER funds.

At the end of April, DeVos issued guidance from the U.S. Department of Education (ED) directing school districts to use their federal emergency funding under the CARES Act to provide “equitable services” to all students attending private schools in their districts, which is a dramatic expansion of the population qualified to receive such services. As districts look to use these funds, questions remain as to whether Texas officials will press districts to adhere to ED’s questionable guidance.

“Equitable services” is a term that has existed in the Elementary and Secondary Education Act (ESEA) since its passage in 1965. It refers to a school district’s duty to a specific population of students — those who live in the attendance zone of a Title I school, are low achieving on the basis of multiple, educationally related, objective criteria, and attend a non-profit private school. After a consultation process and an equitable services agreement with a private school, districts must provide equitable services to eligible students. Services include such things as counseling, professional development for the students’ teachers, or other instructional services that would improve their academic outcomes. DeVos, a long-time supporter of private school vouchers, wants to expand the population of eligible students from those described above to cover all private school students, including those from wealthy areas or not at risk of poor educational outcomes.

U.S. Secretary of Education Betsy DeVos

Under federal law, the proportion of funds districts set aside to pay for equitable services agreements is determined based on the number of eligible students living in the attendance zone of the public school district as a percent of total Title I eligible students. DeVos and her ED colleagues, however, have interpreted the CARES Act in such a way as to divorce it from the ESEA’s standard eligibility criteria for equitable services. The interpretation effectively requires public school districts to offer equitable services to all non-profit private school students living in the district. This includes private schools that have never participated in an equitable services agreement in the past. To illustrate the change, the ED guidance includes a simple proportional example in which 10% of the children in a school district’s attendance zone are enrolled in private schools, which would be eligible now to receive 10% of that school district’s ESSER and GEER funds.

The secretary’s privatization efforts are no surprise to the education community, which has witnessed numerous privatization and anti-public school proposals being pushed from the start of DeVos’s tenure, from partnering with Sen. Ted Cruz to promote his federal voucher legislation to her most recent call for microgrant vouchers using federal emergency funds. Unable to garner congressional approval for the Trump administration’s voucher ideas, DeVos appears to be circumventing the legislative process by exploiting perceived ambiguities in emergency legislation that was intended to help public schools address the coronavirus crisis.

An electronic board in the Texas House chamber showed legislators’ votes for a budget amendment prohibiting vouchers in 2017.

The decision on how to use federal emergency funds meant for public schools is now mostly up to governors, state education agencies, and local school districts. As we have been reporting here on Teach the Vote, ED’s parameters for implementation of the CARES Act give governors significant discretion over how their state will spend the stimulus money. There are fears that Gov. Greg Abbott will allow the state’s set-aside of federal emergency funds to be used for private school voucher or virtual voucher programs here in Texas. Such an executive action would fly in the face of numerous polls that have shown little appetite among Texas voters for private school vouchers, not to mention repeated decisions by Texas legislators to reject voucher bills.

We expect to hear soon, perhaps this week, more detail on how state officials intend to use Texas’s CARES Act funds. The Texas Tribune reported in an article published today that Texas will adhere to DeVos’s plan for making at least a portion of the stimulus money available for all private school students, according to the Texas Education Agency. Unlike the other states that have rejected DeVos’s guidance, it appears that Texas state officials are poised to direct school districts to adhere to the ED recommendation, or possibly even take state-level action to funnel CARES Act funds to private schools prior to sending the remaining money to public school districts.

Stay tuned to our blog and @TeachtheVote on Twitter for the latest as developments occur.


UPDATE as of May 21, 2020: The Texas Education Agency published new guidance on CARES Act funding for school districts on May 21, 2020. Confirming the state’s decision to abide by the direction from Secretary of Education Betsy DeVos to expand eligibility for equitable services, the agency explains in its FAQ document that school districts must use their stimulus funding to offer equitable services to all private nonprofit schools within the attendance zone. TEA adds that the district must provide the services, as chosen by the private school, to any of the private schools who opt to participate. Under this guidance, school districts would not be forced to send the stimulus money directly to the private school for its own discretionary use, but the districts would have to pay for services requested by the private school

Recapping education changes due to the coronavirus

Two months have passed since Austin’s cancellation of the popular South by Southwest (SXSW) Festival became national news as one of the first major events in the country called off because of the COVID-19 pandemic. It was also one of the first developments that made many of us wonder how serious the novel coronavirus was. As school districts embarked on their spring breaks, the Texas Education Agency (TEA) began to send out notices advising deep cleaning of school facilities, heightened hygiene practices, and protocols for students and families who might be traveling on vacation. In an interview with the Texas Tribune on March 6, 2020, Texas Education Commissioner Mike Morath jokingly advised students not to go around licking doorknobs.

Since this preliminary incubation phase (to borrow a term from the virus world), we’ve witnessed a barrage of press conferences, executive orders closing school facilities through the end of the school year, and a triage-like approach to maintaining educational services. New information surfaces daily amid an ever-developing curve of cases, while educators work speedily to learn and implement effective distance learning methods. To help you navigate everything that has happened, the ATPE lobby team offers a recap of the coronavirus-related education developments so far in this blog post, broken down into these categories:


State action in response to the pandemic

On March 13, 2020, Gov. Greg Abbott declared a state of public disaster in Texas — the same day President Donald Trump declared a national state of emergency. At the time, Texas Education Commissioner Mike Morath erred on the side of local control in letting school districts decide whether or not they wanted to extend their spring breaks or temporarily close down their facilities. Among many worries, school administrators struggled with how they would feed students who relied on school meals.

At a time when over half of Texas school districts had closed and under pressure from both Democratic and Republican legislators, Gov. Abbott agreed on March 16 to cancel this year’s administration of the State of Texas Assessments of Academic Readiness (STAAR) tests. The College Board also cancelled March and May test administrations and has since announced plans to offer the SAT test starting in August. The College Board also is offering online Advanced Placement (AP) exams.

Around the time of these events, TEA launched a new section of its website containing FAQs and guidance aiming to provide some degree of certainty to educators. This site has grown to include links to other web pages that offer meal locations for students and home learning resources. ATPE also launched its own Coronavirus FAQ and Resources web page for educators in early March.

Gov. Abbott explained a new coronavirus executive order during a press conference with other state leaders, March 31, 2020.

On March 19, Gov. Abbott announced the physical closure of schools, gyms, bars, and restaurants through April 3, which included all Texas public and private K-12 and higher education institutions. This order was extended by another month on March 31, when Abbott issued a more restrictive executive order that closed school buildings across Texas until May 4. The order also followed federal guidelines for “essential workers.” Included within the federal definition of essential workers were “Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions.” TEA reminded school officials that continued funding during closure of their campuses would be dependent on students receiving instructional support even when they are unable to physically attend school.

On April 17, the governor extended school facility closures through the end of the academic year and announced preliminary plans for reopening Texas in gradual phases. While sharing designs for reopening various businesses, Abbott stated that schools would remain physically closed through the remainder of the 2019-20 school year, although teachers could still access school buildings in order to carry out their duties (including facilitating distance learning). TEA quickly issued its guidance on entering school buildings for more information.

On April 27, Gov. Greg Abbott announced a phased plan to reopen Texas businesses, starting May 1 with limited capacity at malls, movie theaters, retail stores, restaurants, museums, and libraries. Establishments are currently limited to 25% occupancy, although those in counties with five or fewer confirmed COVID-19 cases are allowed up to 50% occupancy. Abbott stated that after two weeks, if there has not been a resurgence in COVID-19 cases, the state will move into its next phase, loosening restrictions and opening hair salons, barbershops, gyms, and bars. However, Abbott on May 5 announced that wedding venues, salons, barbershops, and pools may reopen on May 8, with gyms being allowed to open with reduced occupancy on May 18. The state has yet to allow bars to reopen.

State regulatory entities such as the State Board for Educator Certification (SBEC), State Board of Education (SBOE), and Teacher Retirement System (TRS) have moved to online meeting platforms to continue fulfilling their duties. The SBOE met via video-conference in mid-April to take up an abbreviated agenda, which included a discussion of funding concerns related to the pandemic. The TRS Board of Trustees also met in mid-April for a truncated online meeting that included a discussion of delaying office space changes until the real estate market stabilizes. TRS was one of the first state bodies to change its practices at the beginning of the pandemic by restricting in-person visits and moving its staff to a tele-working environment. The SBEC board met May 1 to discuss a variety of issues, including the impact of COVID-19 on current and future educators.

Elections have also been affected by the pandemic. Most local elections, including a number of school board races around the state, originally slated for May 2, 2020, were postponed to November. The runoff elections for the Texas primaries have also been postponed from May to July 14, 2020.


Federal action in response to the pandemic

On March 13, President Trump declared a national state of emergency. Five days later, he signed into law the Families First Coronavirus Response Act (FFCRA), which was the second coronavirus-related aid bill passed by Congress. (The first coronavirus bill signed by the president was a supplemental appropriations package that sent $8.3 billion to federal agencies to promote their work in combating the developing coronavirus crisis in America.) The higher profile FFCRA included, among other provisions, expanded paid sick/family leave and authorized the Secretary of Agriculture to waive federal provisions regarding the National School Lunch Program, allowing schools to continue providing food service to qualifying students while they are not on campus. Read ATPE’s information about the FFCRA here.

On March 27, Congress passed and the president signed a third coronavirus aid package. The $2 trillion Coronavirus Aid, Relief, and Economic Security (CARES) Act contains $13.5 billion in funding for K-12 education, plus additional amounts for child nutrition and child care. The bill also included temporary deferment on payments and interest for federal student loans and  a cash assistance program, which has begun to deliver one-time direct payments to qualifying individuals and families. Read ATPE’s information about the CARES Act relief for individuals here.

U.S. Secretary of Education Betsy DeVos spoke at a White House press conference in March 2020.

The CARES Act also authorized the U.S. Secretary of Education to provide flexibility to states 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 blog post by ATPE Lobbyist Andrea Chevalier. The additional $13.5 billion in dedicated education funding under the CARES Act has yet to be distributed.

On April 27, the U.S. Department of Education (ED) announced that it will use some of the funding approved by Congress through the CARES Act for competitive grants to states that may use the money for private school vouchers. The $180 million “Rethink K-12 Education Models” or “REM” grant would be available for implementation of voucher programs, statewide virtual learning, or other models of remote learning. Education Secretary Betsy DeVos, a vocal proponent of vouchers, had previously said her department would urge Congress to approve a form of voucher termed a “microgrant,” but many lawmakers were surprised by her decision to preemptively use the CARES Act funding, intended to provide coronavirus relief, in this manner. Read more about the voucher proposal in this blog post from the ATPE lobby team. Working with our federal lobby team in Washington, D.C., ATPE continues to address this issue with Texas’ Congressional delegation.

A fourth coronavirus aid package was approved by Congress and signed by the president on April 24. Known as the “Paycheck Protection Program and Health Care Enhancement Act,” this $484 billion dollar package is focused on loans for small businesses, with other much smaller pots of money for hospitals and increased virus testing. More federal legislation is anticipated in the coming months, which ATPE hopes will include additional funding related to public education.


Waivers are everywhere

At both the state and federal level, waivers have been the preferred method of responding to the challenges facing education during the novel coronavirus pandemic. Waivers are quick, easy, and in some cases can provide automatic relief from mandates that may make an already tough situation tougher. For instance, thanks to a waiver granted to Texas by the U.S. Department of Agriculture, parents can pick up meals from ISDs for their children without the children being present. Gov. Abbott also issued several waivers related to educator preparation that will assist candidates in moving forward with their careers while testing centers are closed. More long-term fixes such as funding take longer to roll out, and remedies that require state legislation will have to wait until Texas’ next legislative session in 2021, absent a special session being called by the governor.

TEA has compiled a list of all state and federal waivers. Some waivers don’t require any action by school districts or individuals, as they apply automatically. Others require documentation. For instance, in order to avoid being penalized financially for missed school days, districts must attest that they are providing off-campus instruction to the best of their ability and submit supporting documentation. Additionally, districts must proactively request to waive educator, principal, and administrator appraisals. ATPE Executive Director Shannon Holmes wrote a letter to Commissioner Morath asking for statewide action to suspend appraisals this year for all districts. (See ATPE’s press release here.)

Among the most popular statewide waivers is the assessment and accountability waiver, provided first by the U.S. Department of Education (ED) and subsequently (in a streamlined fashion) as part of the CARES Act. Texas received approval from ED that freed our state from student assessment and accountability requirements under federal law. As a result, all districts will officially receive a rating of “Not Rated: Declared State of Disaster” for the 2019-20 school year, and the list of schools previously identified for improvement will essentially freeze in place.

The federal government is also offering a spending flexibility waiver that allows states to move money around as they anticipate new expenditures and potential shortfalls. For instance, under this waiver, school districts could carry over as much Title I money from this school year to the next as necessary, spend more Title IV money on technology infrastructure, spend federal funds over a longer period of time, and take advantage of a broader definition of professional development that allows funds to be used on remote instruction training. On April 10, Texas received approval from ED for these waivers and two other waivers that will allow districts to spend federal funds more readily.

Secretary DeVos announced on April 27 that ED would not seek additional waiver authority from Congress for the Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE) provisions of the Individuals with Disabilities in Education Act (IDEA). Additionally, the Department is not requesting further waiver authority from the Elementary and Secondary Education Act (ESEA), but it is requesting various waivers under other federal education statutes such as the Perkins Career and Technical Education Act, the IDEA, and the Adult Education and Family Literacy Act that mostly pertain to flexibility in using federal funds. The CARES Act required DeVos to notify Congress 30 days after its passage on any additional requests for waiver authority.


Changes to educators’ work

COVID-19 continues to impact educators’ work lives. ATPE’s lobbyists previously reported on uncertainty around educator preparation and certification procedures during the pandemic since certification tests were suspended through April 30, 2020. TEA has posted information about certification testing and announced 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 SBEC and potential legislation during the next legislative session.

TEA’s educator support page features guidance 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. If they haven’t already, these candidates will have to complete the fingerprinting process, which — while safer for students — will also create some hiccups as many fingerprinting locations are closed or offering limited appointments. Certification candidates will also have to pay the probationary certificate fee now, plus the standard certificate fee later on when they pass the required examinations. Additionally, candidates must meet all requirements for initial certification, which are outlined in the Texas Administrative Code (TAC) Chapter 230, Subchapter B, General Requirements (230.11), with the exception of passing the certification exam. These requirements include having a bachelor’s degree and submitting to a criminal history review. Out-of-state educators who are on a one-year certificate will receive an automatic one-year extension.

On April 2, ATPE sent a letter to Commissioner Morath asking for a statewide suspension of educator appraisals for the 2019-20 school year in light of the closure of school facilities and resulting disruptions to normal classroom instructional practices. Citing the inability to conduct classroom observations, fears of adverse employment actions, and the high stakes attached to teacher evaluations, ATPE urged the commissioner to issue a statewide moratorium rather than allowing evaluations to be conducted in an inconsistent manner at each district’s discretion.

Commissioner Morath wrote a response to our letter on April 23, which was not transmitted to ATPE until May 7. In his reply, Morath declined to issue a statewide order, noting that TEA has offered schools districts opportunities to apply for waivers of certain requirements pertaining to evaluations. TEA posted guidance documents in late April advising that school districts may apply for waivers of educator evaluation requirements found in Sections 21.351, 21.352, 21.354 and 21.3541 of the Texas Education Code, plus related commissioner’s rules in Title 19, Chapter 150 of the Texas Administrative Code, if the districts find that they are unable to complete aspects of the appraisal process.”The decision to pursue waivers of appraisal requirements is strictly a local decision,” the commissioner wrote in his letter to ATPE.

School districts around the state have taken varying approaches to the issue of evaluating their staff during this crisis, and ATPE maintains that educator appraisals conducted in an incomplete or truncated manner are unlikely to yield fair and valid results under current conditions.


The Texas budget

On April 7, 2020, Texas Comptroller Glenn Hegar sat down (virtually) with Texas Tribune Executive Editor Ross Ramsey, to confirm that Texas is in a recession. Hegar said that Texas will be able to meet current budget obligations through August 31, 2021, despite the recession.

State Comptroller Glenn Hegar was interviewed by the Texas Tribune, April 7, 2020.

On May 1, Hegar announced that state sales tax revenue totaled $2.58 billion in April, which is 9.3 percent less than the $2.8 billion brought in by the state in April 2019, the steepest decline since January 2010. In the summer, Hegar will release an updated revenue estimate that will likely be several billion dollars less. Because the state pumped billions into education during the last legislative session, educators worry that the continued funding commitment might be hard to maintain.

In light of these budget concerns, ATPE joined 17 other organizations calling on Commissioner Morath to place a moratorium on charter school expansion during the novel coronavirus pandemic. Because charters cannot levy taxes, the state picks up the tab in order to fully fund every charter school while reducing the amount of funding available to local school districts. ATPE believes the expansion of charter enrollment during a pandemic with extremely uncertain financial outcomes would be fiscally irresponsible. In fact, the 94 charter expansion amendments currently on file with TEA could cost the state an additional $90 million per year if approved, money that may be sorely needed to shore up budgets of existing public schools across the state.


The road ahead

What lies ahead for Texas education is murky. Many graduation ceremonies this spring will be virtual, socially distanced, and involve a lot of honking car processionals. We still don’t know what a return to school in the fall will look like, or even if there will be a physical return at all should the virus rebound. Will students start back to school earlier in the summer? Will social distancing guidelines still be in place? Will schools implement extended school days or staggered instruction?

With each new piece of guidance or set of rules and policies that agencies and bodies such as TEA, SBEC, SBOE, and TRS develop, we get a little bit more clarity. Rest assured, the ATPE lobby team is involved in this process to make sure the voices of public educators are heard. As developments occur, check ATPE’s Coronavirus FAQ and Resources and watch for updates here on Teach the Vote and via our @TeachtheVote Twitter account.

One thing we know for sure is that educators are resilient and abundantly caring individuals, which is why each Friday we are featuring a positive educator story in our “Week in Review” blog post. here on Teach the Vote. Thank you to all educators who are still brightening their students’ days, all while taking care of their own needs and the needs of their families. #TeachersCan

Share 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.