Tag Archives: Federal

Betsy DeVos tells states not to expect student testing waivers

Betsy DeVos

U.S. Secretary of Education Betsy DeVos sent a letter to the top school official in every state today regarding federal requirements for student testing in the 2020-21 school year. States requested and the secretary granted a waiver of testing mandates for 2019-20 when the novel coronavirus forced schools to abruptly shut down during the spring. However, DeVos makes it clear in her Sept. 3 letter that the Trump administration has no intention of waiving the testing requirements again this year.

Below is an excerpt from the letter in which DeVos claims there is broad support for testing and urges the states to demonstrate their “resolve” in these challenging times by continuing to administer the assessments to students:

“Several of your colleagues recently inquired about the possibility of waivers to relieve states of the requirement to administer standardized tests during School Year (SY) 2020-2021. You will recall that, within a very short time, waivers were granted to all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Bureau of Indian Education this past spring following the declaration of a national emergency. That was the right call, given the limited information available about the virus at the time and the need to stop its spread, as well as the practical realities limiting the administration of assessments. However, it is now our expectation that states will, in the interest of students, administer summative assessments during the 2020-2021 school year, consistent with the requirements of the law and following the guidance of local health officials. As a result, you should not anticipate such waivers being granted again.”

A growing number of elected officials on both sides of the political spectrum, parent groups, and education associations including ATPE have called for student testing requirements to be waived in 2020-21. As we have previously reported here on Teach the Vote, Texas Governor Greg Abbott removed a few of the high stakes attached to STAAR test results this year but has not shown interest in a broader waiver of testing requirements, despite the fact that many schools have had to delay the start of the new school year. The ATPE House of Delegates also passed a resolution this summer calling for a waiver of STAAR and TELPAS requirements this year due to the ongoing negative impact of the COVID-19 pandemic on the education system.

While there has been widespread bipartisan support for cutting back on student testing, the general election coming up in November will play a large role in determining whether high-stakes tests are actually administered this year and used for such purposes as school accountability grades and determining teachers’ evaluations and compensation. Stay tuned to our Teach the Vote blog for updates.

Food for thought: School nutrition and COVID-19

When the COVID-19 pandemic struck Texas in March, one of our first concerns was how students who normally relied on the school for meals would continue to have access to nutritious food. Public school districts went above and beyond to ensure students continued receiving meals, parking at motels for meal distribution, initiating drive-thrus, and packing different foods that worked better for grab-and-go. These efforts contributed to higher costs for public school nutrition services this spring, which put a financial strain on districts’ ability to continue providing meal service to those who need it the most.

But it isn’t just the higher costs associated with out-of-school meal service that is a concern; it is also the lower numbers of students accessing meals that is straining districts. According to recent reporting by Politico, the National School Lunch Program served 28 percent fewer meals in March 2020 compared to March 2019. North East ISD estimated a $2.6 million shortfall this spring due to increased costs from serving more expensive foods for grab-and-go consumption and decreased revenue from fewer meals served. While census data is used for meal service planning purposes, districts are actually reimbursed for nutrition services based on the number of meals served and whether students qualify for free or reduced-price meals. Students who purchase meals at school, or even a la carte food items, help provide extra revenue to districts that enable them to break even in their food operations.

Federal waivers provided in the spring allowed school districts to serve meals at any campus, without students present, and at no cost to all students, regardless of their eligibility for free and reduced-price meals.This flexibility has not been extended by the U.S. Department of Agriculture, which could inhibit districts’ ability to receive enough reimbursement to maintain operations without needing financial support from other district funds (which are also tight at the moment). Furthermore, the expectation for families to fill out and districts to process free or reduced-price meal eligibility paperwork could create an unnecessary burden for families and schools. It is expected that millions of children have become eligible for free and reduced-price meals due to the economic effects of the pandemic. Pending legislation in Congress could address meal service flexibility in schools, as well as general funding, but negotiations are currently stalled due to debates over unemployment benefits.

Schools are part of larger district systems, which are part of state systems and federal systems. These systems work together to ensure that students’ basic needs are met, such as having a nutritious meal to eat, which allows for learning to occur. When school nutrition services are strained, these basic needs can also become strained. Other benefits such as the Pandemic Electronic Benefit Transfer (P-EBT) have provided essential funds to families, but P-EBT does not guarantee the “square meal” nutrition of the school nutrition programs. In order for schools to continue acting in creative and courageous ways to get meals to students, more will have to be done to ensure financial stability for these programs.

ATPE House of Delegates adopts resolutions on COVID-19 educational considerations

This week, over 2,000 educators convened for the 2020 ATPE Summit, held virtually for the first time. The ATPE House of Delegates (HOD) met Thursday, July 9, for the association’s annual business meeting. Delegates from every region of Texas convened to elect state officers and adopt policies and official legislative positions of the association on behalf of its 100,000 members.

The HOD adopted two new resolutions pertaining to education and safety concerns of school employees as a result of the COVID-19 pandemic:

RESOLUTION #1:

RESOLVED, that ATPE urge the state to safeguard the health and safety of students and educators by delaying in-person instruction until Texas has demonstrated a flattened curve in the number of COVID-19 cases; and

RESOLVED, that ATPE urge the state to require local school districts to include educators and parents in the development of plans for the safe re-entry of students and district employees; and

RESOLVED, that ATPE urge the State of Texas and our U.S. federal government to allocate emergency funds for substitutes in case of mandatory quarantine requirements for district personnel.

During debate on the resolution, ATPE members cited the fears expressed by teachers who have compromised immune systems or pre-existing conditions, especially in light of a recent, rapid increase in the number of cases. Delegates also spoke about the difficulty of containing viral spread, especially if teachers are placed in classrooms with students who may not be required to wear masks, and expressed doubt about the ability to carry out contact tracing in schools. With some teachers feeling that they are being asked to make unreasonable sacrifices in order to hasten a reopening of schools that is motivated by economic factors or political pressure, ATPE members are recommending a delay in returning to campuses in order to keep everyone safe. Only one delegate spoke against the resolution noting that ATPE has already been urging the state to take steps to safeguard the health and safety of educators and students.

RESOLUTION #2:

RESOLVED, that ATPE urge the State of Texas and the U.S. Department of Education to waive requirements to administer the 2020-21 STAAR and TELPAS due to the disruption of in-person instruction caused by the COVID-19 pandemic.

The author of this resolution on standardized testing argued that students have lost critical learning time as a result of the pandemic and that teachers’ time should be devoted to fostering student learning rather than test preparation. Speakers observed educational quality varied widely as COVID-19 forced a sudden shutdown of schools. Texas Gov. Greg Abbott and the U.S. Department of Education both waived requirements to administer STAAR exams this spring. The ATPE resolution was amended yesterday to include the Texas English Language Proficiency Assessment System (TELPAS) as well as the State of Texas Assessment of Academic Readiness (STAAR), based on discussion about the importance of both tests and a plea to prevent English language learners who are struggling in an online learning environment from being subjected to unfair testing through the TELPAS.

Read ATPE’s statement about the newly adopted resolutions here. These resolutions will be implemented by the association over the next year and along with the ATPE Legislative Program will guide ATPE’s continuing advocacy work on numerous issues, including the response to the coronavirus pandemic.

Teach the Vote’s Week in Review: July 3, 2020

This week, we celebrated the anniversary of the 26th Amendment to the United States Constitution, which was ratified July 1, 1971. Since the 26th Amendment lowered the voting age from 21 to 18, now is the perfect time to celebrate with all the young people in your life as you make plans to early vote in the primary runoffs. Here is our wrap-up of this week’s education news from the ATPE Governmental Relations team. We wish you a safe and relaxing Independence Day weekend!


CORONAVIRUS UPDATE: On Thursday, Gov. Greg Abbott made headlines with an executive order requiring that Texans wear masks in public spaces in counties with 20 or more positive COVID-19 cases. There are a few exceptions to the mask order, including for children under 10 years old, those with a medical condition that prevents wearing a mask, and in some specified circumstances such as driving. Violating the order is punishable by fine, but jail time for violations is prohibited. See the full executive order with a list of exceptions and exempted counties here. Abbott also reduced the limits of most allowed gatherings from 100 to 10 people. Both changes take effect at 12:01 p.m. Friday, July 3, 2020.

According to an article by the Texas Tribune republished here on our blog, Gov. Abbott gave an interview on Thursday afternoon in which he speculated about restarting schools this fall. ““If COVID is so serious, it may mean that students are having to learn from home through a distance learning program,” the governor is reported as saying, despite giving earlier assurances that it would be safe for schools to reopen soon. Meanwhile, we continue to wait for the Texas Education Agency (TEA) to provide school districts with health and safety guidance needed to begin the new school year. The agency posted a public health document last week only briefly before quickly pulling it down and calling it a working draft.

ATPE has shared its own Recommended Health and Safety Guidelines to the state and districts, urging them to address the safety concerns of school staff, students, and parents well ahead of a return to in-person classes, especially with the current spike in Texas coronavirus cases. Our recommendations urge TEA to release COVID-19 reopening guidelines and require that prior to the start of the 2020-21 school year, each school district disseminate a local policy describing health and safety measures it will take to mitigate and respond to the threat of COVID-19. ATPE believes TEA should require districts to involve non-administrative, campus-level staff and parents as they develop such policies. Districts should promptly notify employees and parents of their policy, and they must also be ready to adjust their policy should pandemic conditions change. We also provided a list of other considerations for districts to consider as they develop their policy, which include accommodating varying levels of risk factors among their student and staff populations, minimizing person-to-person contact, planning for special populations, adjusting staff  leave policies as necessary, and addressing child care needs of their staff, especially since many districts are now contemplating staggered student schedules or mandatory remote instructional days.

Please visit ATPE’s COVID-19 FAQ and Resources page for news and answers to educators’ commonly asked questions amid the rapid developments during this pandemic. Many of the categories of resources on the TEA Coronavirus Support Page were also updated this week, including an Operation Connectivity Survey, English learner guidance, waivers, finance, and grants (information on synchronous and asynchronous instruction), crisis code reporting results, July 4 public health resources, and child nutrition. Gov. Abbott also extended the P-EBT application deadline to July 31.


ELECTION UPDATE: Early voting for the primary runoffs and the Texas Senate District 14 special election started this Monday. Polls are closed today for the holiday, but early voting will continue through July 10. Election day is July 14, but we highly recommend you early vote in order to avoid crowds and lines. This week, ATPE Lobbyist Andrea Chevalier voted early and documented her experience here on our blog with tips to prepare for a safe trip to the polls.

The education-focused nonprofit organization Raise Your Hand Texas is holding two virtual forums for runoff candidates next week (see below). If you’re not attending the ATPE Summit next week, find more information and submit questions for the candidate forums here.

  • Texas Senate District 19 (San Antonio to Big Bend area) – Tuesday, July 7 at 1:00 p.m. (CDT)
  • Texas House District 26 (Houston/Sugar Land area) – Thursday, July 9, from 11:30 a.m. to 1:30 p.m. (CDT)

We know that the COVID-19 pandemic is creating many challenges for our public education system that will be long-lasting and require a commitment of support from our elected officials. Voting is the best way to influence laws and policies in Texas that will affect your profession, your schools, and your students. Find a list of polling places where you can vote here. Generate a personalized sample ballot here. Review candidate profiles here on Teach the Vote. Stay safe, Texas voters!


FEDERAL UPDATE: On Wednesday, July 1, the U.S. Department of Education officially published a final interim rule that states how public school districts must spend their CARES Act federal emergency funds for equitable services offered to private schools. The rule became effective immediately upon being published, but it is open for public comment through July 31, 2020. TEA held an update training session on Thursday in light of the changes; expect to find the training recording on TEA’s Grant Compliance and Administration YouTube playlist here. The new rule gives districts two options – spend CARES Act funds only on Title I schools and follow the longstanding interpretation of equitable services under federal law, or spend CARES Act funds on all schools and be held to the questionable interpretation of the equitable services law advanced by U.S. Department of Education Secretary Betsy DeVos. Read ATPE Lobbyist Andrea Chevalier’s post on the rule from last week for more information.

DeVos also announced final rules that impact the Teacher Education Assistance for College and Higher Education (TEACH) Grant program, which provides up to $4,000 a year to college students who are taking certain courses in preparation to teach, so long as they continually certify that they meet certain requirements when they become teachers, such as teaching in a low-income school. If recipients do not continue to meet the requirements, the grant is converted to a loan. As reported by the Government Accountability Office (GAO) in 2015, many TEACH Grant recipients had their grants converted to loans due to confusion over the requirements. The new rules change the department’s practices to expand how recipients can fulfill their service obligation, simplify the employment certification requirements, and allow recipients whose grants have been converted to loans to request a reconversion, among other provisions. Read a fact sheet on the rules here.


This week, ATPE Senior Lobbyist Monty Exter set the record straight on erroneous claims that teachers can temporarily retire due to the pandemic. The “temporary retirement” myth was mentioned in a news story following a conference call national teacher union affiliates held with Texas reporters last week. The Teacher Retirement System (TRS) has made it clear that there is no such option for “temporary” retirement, explaining that any teacher who retires and then returns to employment will be held to a fixed annuity amount as of their retirement date. There are a number of restrictions on early retirement that educators should consider. Read retirement facts in this blog post by Exter.


New data show student engagement declined when the pandemic forced schools to close this spring. The Texas Education Agency (TEA) released crisis code reporting data this week, which includes crisis code reporting on student “engagement” and indicates that more than 600,000 students (about 11% of the student population) had inconsistent or no contact with their teachers or administrators. ATPE’s 2020 Membership Survey provided even more concerning data related to engagement, as just over 65% of our survey respondents reported that their students were less engaged during virtual learning. Moving forward, TEA and school districts will need to prioritize data collection and planning that works towards eliminating barriers students faced when attempting remote learning this spring, which goes far beyond access to Internet and devices. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


The State Board of Education (SBOE) met this week to address several agenda items, including revision of physical education and health TEKS, which garnered over 12 hours of virtual testimony on Monday. Votes on proposed revisions to the curriculum standards will not occur until a future meeting of the board.

On Tuesday morning, Commissioner of Education Mike Morath appeared before the board during its virtual meeting and fielded questions from SBOE members on topics such as testing and how teachers would be protected against COVID-19 risks when schools reopen. The commissioner said no decision has been made yet as to whether Texas will seek a federal waiver of testing and accountability requirements like it did during the spring when schools were forced to close. Read a summary of Morath’s comments to the board in this blog post by ATPE Lobbyist Andrea Chevalier.

The SBOE committees’ work on Wednesday was largely uneventful, although the Committee on Instruction did amend an agenda item to keep computer science as a required high school course. On Thursday, the full board had a lengthy discussion about increasing the capacity of the charter school bond guarantee program by 20%. Upon a motion by Member Ruben Cortez (D-Brownsville), the board voted 5-9 in favor of maintaining the increase. The board moved forward with ease on their other agenda items.


An accurate count for Texas in the 2020 U.S. Census is essential for adequate funding of public schools and other services that will be sorely needed in the aftermath of the coronavirus pandemic. The Census Bureau has launched a self-response rates map, showing Texas currently ranks 40th and is tied with Arkansas. Rankings by county and city are also available, creating the perfect opportunity for some friendly competition! Congratulations to Mountain City, Texas and Fort Bend County for the highest census completion rates in Texas!

Find a Census response rate competition toolkit here, and keep spreading the word on social media and in other communications with family, friends, and the community about the importance of filling out the census questionnaire.

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: June 5, 2020

It’s been a difficult week of unrest around the country, falling on the heels of what was already a stressful spring semester for students and educators. As Texas enters phase three of reopening, many districts are contemplating the 2020-21 school calendar and a safe return to school that will meet the needs of staff and students. See our headlines below and read a recap of education developments this week from the ATPE Governmental Relations team. And don’t forget to register to vote by June 15 for the July 14 elections. Your vote is your voice!


CORONAVIRUS UPDATE: On Wednesday, Gov. Greg Abbott announced “phase three” of the reopening of Texas. In phase three, all businesses may operate at 50% capacity, with limited exceptions, and restaurants can seat bigger parties and expand their occupancy limits. Large outdoor events, such as Fourth of July celebrations, were made permissible but determinations on such events will be up to local officials. No changes for schools were announced in phase three. Find full details here.

Visit ATPE’s continually-updated Coronavirus FAQ and Resources page for the latest information on COVID-19 issues. The Texas Education Agency (TEA) updated its coronavirus-related web resources this week as well, including updates on special education (continuity of learning), academics (Texas College Bridge and graduation), crisis code reporting guidance, reading diagnostics instruments guidance, and funding (CARES Act updates and FEMA guidance regarding a hurricane amid COVID-19).


ELECTION UPDATE: On Thursday, the U.S. Fifth Circuit Court of Appeals issued a permanent stay against a lower federal court’s ruling that ballot by mail could be expanded to all Texans. Further appeals are possible. This development follows last week’s Texas Supreme Court ruling that lack of immunity to the coronavirus does not constitute a disability that would make one eligible to vote by mail, but also explaining that it is up to voters to decide whether to claim a disability and local election officials need not verify such claims. Read more in yesterday’s blog post by ATPE Senior Lobbyist Monty Exter.

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 only 10 days from now on Monday, June 15. Make sure you’re registered and learn what’s on your ballot here. View candidate profiles, including their education survey responses and voting records, on Teach the Vote here. If you feel you meet the eligibility criteria to vote by mail, your application to receive 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 Texas Educators Vote coalition here,


As parents consider their children’s return to school this fall, they might wonder about virtual schooling options. However, a recent peer-reviewed study showed students who switched from brick-and-mortar schools to virtual charter schools experienced substantial learning loss compared to their traditional public school peers, even controlling for other demographic, teacher, and classroom factors. Perhaps it is virtual class sizes of 100 students or the profit-oriented nature of many virtual schools that leads to less learning. Educators would likely agree it is the lack of face-to-face, authentic interaction and relationship-building, which are essential to teaching and learning. Learn more about the study in this blog post by ATPE Lobbyist Andrea Chevalier.


School calendars and the return to school facilities remain hot topics this week. As we previously reported on Teach the Vote, school districts were allowed to reopen their facilities on June 1 for summer school. Some districts, such as Houston ISD and others, will only offer virtual summer school options as they cite challenges to implementing the health and safety protocols outlined by the Centers for Disease Control and the TEA. Texas Public Radio reported this week that at least two school districts in San Antonio will open for limited summer school programming with both in-person and virtual options. District plans include having students eat lunch at their desks, keeping students six feet apart, taking temperatures daily, and limiting group sizes.

ATPE GR Director Jennifer Mitchell

School districts are also fervently deciding on their 2020-21 school calendars and related budgeting matters. In an opinion piece published June 1 by the Dallas Morning News, ATPE Governmental Relations Director Jennifer Mitchell wrote about the challenges surrounding school calendar decisions in light of the coronavirus pandemic. In addition to health and safety considerations, many other factors need to be taken into consideration. As the Texas Education Agency (TEA) urges schools to consider longer, more flexible calendars, the extra costs of building in additional instructional days cannot be ignored at a time when many are worried about the impact of the pandemic on the next state budget. Calendar changes also impact businesses and working parents, too. “Few parents have the luxury of taking six weeks of additional leave from their jobs if students are sent home from school for extended breaks,” says Mitchell. ATPE has urged TEA to provide comprehensive guidance to help school boards navigate these decisions, and as noted in Mitchell’s op-ed, we also urge the community to support the school districts and educators who are taking on these challenges.

School start dates are a particular concern for many educators now that summer is here. Austin ISD still expects to start the school year August 18, the same date previously approved by its board earlier this year, but several other districts are heeding TEA’s advice to move up the start of the next school year. Alief ISD‘s 2020-21 calendar, posted this week as an example on the TEA website, includes an earlier start date in August, two extra instructional days, and extra week-long flexible breaks in October and February that could be used for instruction if needed. It is important for educators to pay close attention to calendar deliberations in their districts, especially since the school start date directly affects the deadline for educators to resign without penalty.

Educators can find resources and answers to frequently asked questions about returning to school on ATPE’s Coronavirus FAQ and Resources page. As calendar decisions are being contemplated, we also encourage educators to take advantage of any opportunities to share their voices at school board meetings or whenever staff or community input is sought by the district.


ATPE joined 20 other organizations writing a letter to Texas Education Commissioner Mike Morath urging support for prioritizing students’ mental health and social-emotional needs, especially as those needs have been magnified by the coronavirus pandemic. As stress and reports of family violence and trauma have increased across the state, the letter calls for the Texas Education Agency (TEA) to use available resources to infuse mental and social-emotional health strategies and practices into the state’s education priorities for the benefit of students and school staff alike. The letter was spearheaded by Texans Care for Children, a non-profit focusing on the well-being of Texas families and children.


U.S. Rep. Kevin Brady

With more educators thinking about retiring from the profession in the wake of the coronavirus pandemic, many are concerned about their Social Security benefits. Spearheaded by our Washington-based lobbyist David Pore, ATPE continues to urge Congress to repeal the Windfall Elimination Provision (WEP) that reduces many educators’ Social Security benefits. One of those leading a bipartisan effort to replace the WEP with a more equitable solution is U.S. Rep. Kevin Brady (R-The Woodlands, Texas), former chairman and now ranking member of the U.S. House Committee on Ways and Means. Texas Retired Teacher Association (TRTA) Executive Director, Tim Lee, sat down with Rep. Brady this week for a Facebook Live conversion about the congressman’s efforts to reform the WEP. As noted by Lee (on the video at 13:15), ATPE has worked with TRTA and Rep. Brady for many years on pursuing WEP relief both for educators already retired and those who will retire in the future.

To learn more about the WEP and how it might affect you, read this Teach the Vote blog post or the Social Security information on the main ATPE website.

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.