Tag Archives: funding

Texas projected to face $4.6 billion deficit by the end of the current biennium

Texas Comptroller Glenn Hegar, the elected official charged with overseeing the state’s finances, now expects Texas will face a $4.6 billion deficit by the end of the current two-year budget cycle. The state had as recently as February been looking at a multi-billion dollar surplus heading into next session.

One of the comptroller’s primary jobs is releasing state revenue estimates, which project how much tax revenue the state is expected to collect in relation to how much it is budgeted to spend. These estimates are revised periodically, particularly in the event of a drastic change in economic circumstances. The economic downturn caused by the simultaneous events of the COVID-19 pandemic and the oil price war certainly marked a drastic change.

Certification Revenue Estimate 2020-21 Info-graphic from the Texas Comptroller

The comptroller told legislators back in April that the economic double-whammy had sent Texas officially into a recession. On Monday, Hegar testified before the Legislative Budget Board (LBB) and shared a revised revenue estimate that offered sobering numbers. The state is projected to end fiscal year (FY) 2021 with a budget shortfall of $4.6 billion — a $7.5 billion reversal from the $2.9 billion surplus his office projected in the certified revenue estimate (CRE) released in October 2019. The state is now expected to have $110.2 billion in available general revenue for the 2020-2021 budget biennium, representing an $11.6 billion decline from $121.8 projected in the 2019 CRE.

A mathematically-minded observer may note that the numbers do not exactly match up. Hegar explained that while revenue collections dropped by $11.6 billion, the budget fell by only $7.5 billion as a result of a handful of factors that reduced the amount of money the state was expecting to spend. Among them, Texas received $1.2 billion of federal CARES Act funding for public education that it used to offset state spending. Changes in the assumptions regarding the state share and the local share of public education funding resulted in $1.7 billion in unanticipated local funding. The state also received an additional $700 million in recapture (or “Robin Hood”) payments that it had not anticipated.

Source: Texas Comptroller

Sen. Finance Committee Chair state Sen. Jane Nelson (R-Flower Mound) asked Hegar in Monday’s LBB hearing whether legislators should expect to tighten their belts during the next legislative session. Hegar was reticent to prognosticate beyond the current budget cycle. However, he was quick to point out that he had pushed early on for agencies to reduce their spending ahead of next session. State leaders have since instructed state agencies to reduce spending by 5% across the board. Hegar noted that instruction is not factored into this projection. Any savings will however reduce the need for supplemental spending in the next legislative session, reducing the overall pressure on the next biennium’s budget.

In response to a question posed by Senate Education Committee Chair Larry Taylor (R-Friendswood), Hegar indicated that the state will be able to ensure schools receive the additional funding promised this budget cycle as a result of the school finance bill House Bill (HB) 3. Yet Hegar suggested there is tremendous uncertainty as to what the state will be able to provide in the upcoming 2022-23 budget cycle.

Lt. Gov. Dan Patrick (R-Texas) said Monday that school districts across the state have roughly $14 billion in fund balances, which represents each district’s cash reserves. Patrick suggested that the state could tap those fund balances to offset the budget deficit. Patrick separately acknowledged that teachers are now included in the list of “frontline” workers in the COVID-19 pandemic.

Texas Tribune Executive Editor Ross Ramsey (left) interviews Texas Comptroller Glenn Hegar (R-Texas).

The revised estimate released this week does not take into account agency budget cuts, whether schools reopen for in-person versus remote instruction, or any future federal relief money. Hegar explained Wednesday in an interview with Texas Tribune Executive Editor Ross Ramsey that the estimate does not factor in any additional federal relief money until a bill is passed by Congress and signed by the president. Hegar also told Ramsey that the estimate was based upon the assumptions that the economic recovery is already underway, that there will not be an additional spike in COVID-19 cases in the fall that would spark another shutdown, and that GDP may return to normal by the end of 2021.

Hegar said that the state saw a less drastic decline in sales tax revenue than he had previously feared. The state also took in $950 million more in taxes from online purchases as a result of legislation passed during the last legislative session that expanded the sales tax.

Source: Texas Comptroller.

The economic stabilization fund (ESF), commonly referred to as the “rainy day fund,” is projected to end FY 2021 with a balance of $8.8 billion. This fund is fed by taxes collected from oil and gas operations, which have been hit hard by the combination of lower oil prices and a reduction in production following the precipitous drop in demand caused by the economic impacts of the pandemic. The ESF was designed as a safety feature to enable legislators to dip into the fund to during lean years, smoothing out the fluctuations in available tax revenue caused by volatility in the oil and gas market and enabling the state to maintain critical government services.

In both testimony and interviews this week, Hegar has emphasized the need for the community to come to terms with the reality of a protracted battle against COVID-19. Hegar highlighted citizens’ responsibility to wear masks and engage in safe practices designed to slow the disease’s spread and prevent another shutdown. On a positive note, Hegar noted the healthy ESF and potential savings from agency budget cuts are among the measures at the state’s disposal to help manage the budget shortfall.

“There’s plenty of tools in the toolbox to be able deal with it as this current revenue estimate projects,” said Hegar, while adding the caveat, “Every revenue estimate has clouds of uncertainty, yet this one has greater clouds of uncertainty than ever before.”

The comptroller discussed other potential sources of revenue and savings in Wednesday’s interview. Hegar contended that an income tax is unlikely to pass in Texas, where such a proposal would require a supermajority of the Texas legislature and a statewide vote. The comptroller was also skeptical of the idea of legalizing and taxing marijuana, which polling shows is supported by most Texans. Hegar instead pointed to budget measures taken during the 2011 legislative session, which saw large budget cuts (including $5.4 billion from public education) as a result of a projected budget shortfall. The comptroller also mentioned deferring public education payments and looking at funding for Medicaid.

When the 87th Texas Legislature convenes in January 2021, shoring up the current budget will be the first task legislators face. Their next task will be to set the budget for the 2022-2023 biennium, which Hegar warned is likely to be a much bigger issue — although it’s too early to forecast the scope of the challenge. That will be the focus of the comptroller’s biennial revenue estimate (BRE), which is usually released right before the new legislative session begins.

Help spread the word about the 2020 Census

The 2020 Census is well underway, but at a smidge over 56%, Texas still has a long way to go in its response rate. Using the resources compiled by Texas Counts, here’s what educators and community stakeholders should consider as they help to get out the count in their communities.

Messaging: Find sample messaging here and remember to keep it simple and emphasize that completing the census is safe, easy, and important. Unfortunately, the potential inclusion of a citizenship question on the census has garnered fear among many who live in Texas. Some are also afraid that the information on the number of people who live in their household will be shared with their landlords or that their location will be shared with police or law enforcement. It important for those living in Texas to know that it is illegal for the U.S. Census Bureau to release information from the census and that the information shared, especially regarding children, will help to provide an adequate amount of resources for public schooling, meals, child care, and other essential public resources. Find a repository of videos, postcards, flyers, and posters from Texas Counts here.

Source: usatoday.com

Responding to the census is easier than ever with the new online response system, and you don’t have to have received an invitation to submit your response. As we previously reported, the U.S. Census Bureau has a great webpage explaining ways to respond to the census and updates on situations caused by the coronavirus, such as college students who are now at home. (Please count college students in the town in which they attend college!) Those who have not self-responded to the census can also use phone or mail methods to respond and must do so by October 31, 2020.

Recognizing Hard-to-Count Communities: It is estimated that 25% of Texans and 30% of Texas children live in areas that are considered hard-to-count due to difficulties in contacting, locating, surveying, and/or engaging. In some cases, factors like language barriers, lack of stable housing, or distrust of the government can contribute to the presence of hard-to-count communities. School systems are particularly suited to easing these factors because educators and school leaders are trusted community members, who can reach families through regular communications and contact (such as meal pickups), and are readily able to translate census outreach materials in the same ways they translate other school communications.

The image below gives you some idea of the vast area of Texas that is hard-to-count by showing the portions of Texas (in yellow) that are just beginning to receive hand-delivered packets from census workers. These areas do not have stable access to the internet or are in areas that require in-person delivery of census materials. Since these areas are perhaps just hearing about the census for the first time, so be sure to reach out to families and reinforce the safety and ease of completing the census. Census workers will undertake the huge task of non-response follow up (NRFU) starting August 11 through October 31, at which point they will go to all households that have not responded yet to the census. Since school will be starting again around this time, communications about the census to families are vital and should be disbursed regularly.

Know the Facts: As we previously reported here on Teach the Vote, Texas received $43 billion in total census-statistic derived funding in 2018. This included over $1.3 billion dollars in Title I funding, $1.4 billion in National School Lunch Program funds, $1.1 billion for the State Children’s Health Insurance Program (S-CHIP), and billions more for foster care, early childhood education, child care, and other nutritional programs. A 1% under count could cost the state $300 million, which would heavily impact families, children, and the elderly. Knowing what is at stake will help messaging to those who rely on these services.

The tool below, developed by the City University of New York, is a great way to explore census data and see specifically which parts of your community need extra outreach.

See the full map at www.censushardtocountmaps2020.us

Happy census-ing and thank you to all educators and community stakeholders who are engaging in get-out-the-count efforts. Our public schools depend on it!

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.

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.

Teach the Vote’s Week in Review: June 26, 2020

The education community saw a whirlwind of news this week as multiple pieces of guidance were released from the Texas Education Agency regarding the return to school in the fall, including a draft public health document that was posted online and promptly taken down. In this week’s wrap-up, the ATPE Governmental Relations team will fill you in on the latest happenings.


CORONAVIRUS UPDATE: It was gone in the blink of an eye. On Tuesday of this week, the Texas Education Agency (TEA) posted a draft public health guidance document, seemingly by mistake. By the time it was taken down, the guidance had been widely circulated in the education community, and many were not happy with the lack of attention it paid to the worsening coronavirus numbers in Texas. Featured in a story by ABC affiliate KLTV-7 in East Texas, ATPE Senior Lobbyist Monty Exter said, “…while we would like for the state to give teachers and districts guidance in an expedient fashion, we’re glad that the draft put up yesterday is not the final product.”

As reported by the Texas Tribune, the guidance largely focused on suggesting health and safety practices to districts rather than mandating them, reflecting Commissioner of Education Mike Morath’s statement last week that it “will be safe” to return to in-person classes in the fall. Morath has since appeared to walk back that sentiment as the state’s coronavirus numbers have worsened, and the agency has said it is still soliciting feedback and developing the final guidelines. Unfortunately, this week’s developments provide little solace to educators feeling anxiety about returning to school since Gov. Greg Abbott’s announcement last week that in-person classes will resume this fall.

ATPE continues to meet with legislators, other stakeholder groups, and policymakers at the local, state, and federal level to share our members’ feedback about the return to school. We released a statement on TEA’s draft health guidance document this week, in which we strongly urge the state to require stronger actions to ensure the safety of school employees and Texas students. ATPE also asks school districts to listen to their employees and the recommendations of medical experts regarding the impact of the pandemic in their area as they implement their back-to-school safety protocols. In the statement, ATPE Executive Director Shannon Holmes says, “Elected school boards and superintendents now face a difficult balancing act between preventing COVID-19 outbreaks and ensuring children are in the most productive learning environment possible—a physical classroom with an in-person teacher. They deserve to have support and actionable guidance from the state of Texas.” Read more about ATPE’s response in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.

Gov. Abbott gives a COVID-19 update on June 22, 2020

At the gubernatorial level, Gov. Abbott took several actions this week in response to a growing positivity rate for the coronavirus. As ATPE Lobbyist Mark Wiggins reported here on Teach the Vote, Abbott strongly encouraged (but did not mandate) wearing masks in his press conference on Monday. By Thursday, the governor had decided to halt the state’s reopening plans, calling for cancellation of elective surgeries and by Friday, closing bars and reducing restaurant capacity to 50%.

Be sure to check the ATPE Coronavirus FAQ and Resources page, which offers answers to common educator questions related to returning to school in the fall, health and safety concerns, laws governing sick leave, and more. ATPE is continuing to update this page on a daily basis as new developments occur.


ELECTION UPDATE: Are you ready to vote? Get your hand sanitizer, stylus (a pencil with an eraser works), and mask ready! Early voting for the primary runoffs and the Texas Senate District 14 special election begins this coming Monday, June 29, and continues through July 10. Texas Secretary of State Ruth Hughes reiterated this week that voters should aim to vote early to avoid election day crowds, utilize curbside voting if possible, and follow  minimum safety guidelines released by her office in May. Read more in this blog post by ATPE Lobbyist Mark Wiggins.

ATPE reminds voters that a decrease in election poll workers has reduced the availability of polling sites in some areas. Click here to find early voting sites near you, and check your county’s election website for wait times during voting hours. The League of Women Voters vote411.org site has a personalized sample ballot generator and more! Lastly, check out candidate profiles here on Teach the Vote. Thank you for your commitment to voting, and stay safe!


This week TEA (intentionally) posted guidance on remote learning and attendance/enrollment for the 2020-21 school year, which gave districts a better idea of how they may operate this fall and how they will be funded. The agency gave districts two main options for remote learning that are differentiated by whether or not a student receives real-time, teacher-lead instruction. Additionally, the models have different ways of documenting student engagement for purposes of taking attendance. The agency plans to hold districts harmless for attendance for the first two six weeks, but this may not be enough to provide stability to districts in such an uncertain situation. Read more on the remote learning guidance in this blog post by ATPE Lobbyist Andrea Chevalier.

TEA also updated several other coronavirus resources this week, including personal protective equipment (PPE) updates, updates to general support (family mental health flyers and new child care emergency rules), “Strong Start” planning and survey tools, several updates to waivers, finance, and grants (new answers to equitable services FAQ, remote learning, attendance, missed school days, and more), and school nutrition (new letter to families on the P-EBT application).


Betsy DeVos

U.S. Secretary of Education Betsy DeVos announced that the Department of Education will release a final interim rule on how public school districts must spend their federal emergency dollars under the CARES Act for equitable services provided to private schools. The rule, which is unofficially published for now, gives districts more flexibility than what was originally indicated by the department; but the new rule still misses the mark in its obvious intent to expand private school access to public school resources, using the department’s strained interpretation of the CARES act. Read more about what the new rule entails in this blog post by ATPE Lobbyist Andrea Chevalier.


Texas 2020 Census response rates by county as of June 25, 2020

The decennial U.S. Census is crucial to ensuring adequate funding and programming for roads, infrastructure, our public schools, and so much more. The current national response rate for the 2020 Census shows that 61.7% of households have responded to their census. At 56.3%, Texas doesn’t have the lowest response rate in the country, but we still have a long way to go.

The update/leave process is now underway, so you might see census workers in your neighborhood visiting households that have not responded yet. Find upcoming events, training, tool kits, and other resources at Texas Counts. Here are two things you can do to help Texas shine on the 2020 Census:

  1. Text or call your family (even those great aunts) and friends and ask them if they have filled out the census. Walk them through the process if not. We have until October 31 to self-respond!
  2. Pop a census reminder in student materials and family communications or staple to school lunch bags on a regular basis and make sure parents count even their youngest babies on the census.

TEA shares remote learning guidance for fall 2020

Despite announcements last week that schools wound be able to safely open in the fall, Texas policy makers have been quietly saying for months that as many as 20% (or maybe even more) of Texas’ 5.4 million students may not return to their neighborhood school when it reopens for the 2020-21 school year due to continued concerns regarding the coronavirus pandemic. With this in mind, the Texas Education Agency (TEA) has been working on a funding framework that encompasses distance learning options within existing law, as opposed to simply waiving requirements as the state did out of necessity at the end of the 2019-20 school year.

The agency’s Remote Instruction Guidance and accompanying 2020-21 Attendance and Enrollment FAQ released yesterday, June 23, include two remote learning options for school districts, along with funding assurances and methods for gathering attendance. These changes will only be in effect for the 2020-21 school year and are only possible under TEA’s waiver authority.

Several aspects of the provided options are promising, while others are concerning. The agency’s focus on tying student-to-teacher contact to funding will help ensure that students interact with schools and teachers on a daily basis. On the other hand, the agency does not provide guidelines for ensuring student-to-student interaction, which could hinder important social and emotional development. TEA does take a step in the right direction by refraining from simply expanding full-time virtual programs, as some legislators have recommended, under the Texas Virtual School Network, which has not proven to be an effective learning model for students in the past.

There remain some gaps in TEA’s guidance with regard to funding and resources. As many have said throughout this pandemic, districts are being asked to build a plane while flying it, and without any new resources to boot. TEA’s proposed “hold harmless” approach to calculating Average Daily Attendance (ADA) for the first 12 weeks of the new school year will help districts that experience a significant enrollment drop, but many believe this accommodation should be extended to cover the entire fall semester or the full year. School attendance may not stabilize until well after a vaccine has been widely distributed, which Director of the National Institute of Allergy and Infectious Diseases Dr. Anthony Fauci told lawmakers Tuesday could be at the end of 2020 or early in 2021.

Here is a summary of the remote learning options outlined by TEA in its most recent guidance:

Synchronous Instruction

In the remote synchronous learning model, students “sit” in virtual classes with their teachers and teachers take attendance much like they would in the physical school setting. This method generates funding based on a minimum number of daily minutes, which do not have to be consecutive. A defining feature is that PK-2 students are not eligible for funding through this model, as many agree that this type of real-time virtual classroom environment is not developmentally appropriate for young students who may have difficulty sitting in front of a computer screen for long periods of time. In order to offer this remote synchronous instruction method, districts must submit an attestation, complete a checklist of preparation items, and post the attestation on their website.

Asynchronous Instruction

In the asynchronous model, students will be expected to complete instruction and school work  independently, with intermittent teacher interaction. According to TEA, even the youngest grades can participate in this self-paced method, and attendance will be determined based on student “engagement.” Engagement will be specifically defined by each district, but TEA notes that it can be shown through progress in the Learning Management System (LMS), student/teacher interactions in the LMS, or turning in an assignment. Engagement must happen any day a student is marked present, which would then generate full-day funding.

The asynchronous model requires more work on the district’s end than the synchronous model. Districts will have to apply to TEA and submit a plan that details expectations for scheduling, curriculum, student progress, and educator support. For this reason, the agency is providing an attendance grace period or “hold harmless” through the end of the third six-week period while districts go through the approval process.

The Texas Virtual School Network (a not-so-new method)

TEA also reminds districts in its guidance that the Texas Virtual School Network (VSN) is available. Funding for this method is based on course completion, and districts can choose to enroll students in up to three VSN courses. As we have previously reported here on our blog, some state lawmakers have been advocating an expansion of the VSN. However, ATPE supports the limitations in statute that prevent the expansion of virtual schooling, as data have repeatedly shown that student performance in Texas virtual schools falls well below that of students in brick-and-mortar settings.

Funding with “Grace”

TEA will implement an ADA grace period or “hold harmless” provision for the first two six-week periods of the school year so that if a district experiences more than a 1% loss in enrollment compared to the first two six-week periods of the 2019-20 school year, those weeks won’t be counted in the overall ADA calculations that determine funding. As mentioned above, an additional grace period for the third six-week period will be applied for districts adopting the asynchronous model. This grace period does not apply to charter schools opening in 2020-21, as they do not have comparative ADA data from a previous year of operation. Additionally, district ADA numbers will be capped at the attendance rate of the 2018-19 school year, with some exceptions.

Rights to On-Campus Instruction

TEA’s plans reflect Commissioner of Education Mike Morath’s desire to make instruction in the 2020-21 school year similar to what instruction looked like before COVID-19, while keeping district offerings subject to parent wishes. In other words, whether parents request remote or on-campus instruction for their child, the district must meet the request. TEA’s guidance confirms limitations on schools converting to a virtual format. The agency’s FAQ document advises that schools will only be allowed to close for up to five days at a time if someone at the school is found to have been infected. The 90/10 attendance rule for students and truancy laws will remain in effect, and the agency does not plan to offer attendance waivers, instead directing districts to alter their calendars to build in flexibility.

ATPE is actively monitoring and analyzing all of TEA’s guidance, including the latest recommendations on remote instruction and urges educators to share their voices with district leaders and campus administrators as plans for remote learning are made locally. Educators can find more information on COVID-19 by visiting ATPE’s frequently-updated Coronavirus FAQ and Resources page.

NOTE: TEA has been frequently updating its guidance on the website. We advise educators to check for the latest versions on TEA’s COVID-19 Support and Guidance Page.

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.

ATPE weighs in on proposed Teacher Incentive Allotment rules

House Bill (HB) 3, the landmark school finance bill passed by Texas lawmakers in 2019, included funding for a new Teacher Incentive Allotment (TIA). Despite almost certain budget cuts in the upcoming legislative session that call into question the state’s ability to fund the ambitious and somewhat controversial performance pay program, Texas Commissioner of Education Mike Morath has forged ahead with implementation of the program. Administrative rulemaking to implement the new TIA law is currently underway, which affords the public an opportunity to provide input on the program. ATPE submitted formal comments on the proposed commissioner’s rules this week.

The Texas Education Agency (TEA) began putting out information on the TIA through its HB 3 in 30 video series back in the fall of 2019. Earlier this year, the agency asked school districts interested in participating in the program to submit a letter of intent and also released guidance on timelines for funding and implementation. Additionally, TEA staff briefed the ATPE Board of Directors on the plans for TIA implementation in February.

On April 24, after more than six months of sharing guidance with the field, TEA published proposed commissioner’s rules on the TIA’s Local optional teacher designation systems. Local optional teacher designation systems are the school district-developed and TEA-approved rubrics by which a district can designate individual teachers for merit recognition under the TIA, giving the district access to TIA merit pay funding from the state.

During the last legislative session, the ATPE lobby team worked hard to ensure the laws creating the TIA program would include certain provisions protecting the confidentially of the teacher evaluation process. We also fought to ensure districts would not be required to use students’ STAAR test scores to rank educators, and that it would be at least mathematically possible under each district’s plan for all teachers to earn a designation if they met the eligibility requirements. In the comments we submitted this week, ATPE requested changes to improve upon the implementation plans and ensure that the fruits of those hard-fought legislative battles would be reflected in the TIA rules. Read more about how the legislature designed the TIA law in this Teach the Vote blog post.

TEA is now tasked with organizing and responding to all comments the agency has received from various stakeholders and potentially modifying the proposed rules accordingly. The commissioner’s rules on the TIA are scheduled to go into effect July 30, 2020.

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.