Tag Archives: Greg Abbott

ATPE responds to plans for in-person instruction this fall

The Association of Texas Professional Educators (ATPE) responded Thursday to news that Gov. Greg Abbott plans for Texas schools to resume in-person instruction when the 2020-21 school year begins this fall. The Texas Education Agency (TEA) confirmed the plans and is expected to provide more detail next Tuesday. The news comes as a new ATPE poll shows health and safety for students and staff are the top concerns of educators when it comes to the upcoming school year.

According to the Texas Tribune, Gov. Abbott informed state legislators on a conference call Thursday morning, June 18, of the plans for in-person instruction this fall, even as hospitalizations for COVID-19 in Texas hit record highs for a week straight. TEA confirmed the plans for in-person instruction with a brief statement from the commissioner claiming that “it will be safe” to return to campus this fall and that “flexibility” will be provided to those with health concerns.

In response to the news, ATPE released a press statement today, noting the association’s support for keeping school environments safe and empowering school districts to make decisions about the return to school that reflect the leadership of their elected school boards and local community input. The association also hopes local officials will consider the impact of the pandemic in their area and the recommendations of medical experts in crafting their return-to-school plans, but additional guidance from the state will be necessary.

State officials have indicated that they will not require school districts to mandate that students wear masks or be screened for COVID-19 symptoms, but districts are likely to adopt their own protocols that may vary locally. TEA has allocated funding to districts for personal protective equipment (PPE), posting a spreadsheet to show the allocation planned for each district.

In ATPE’s recent survey of more than 4,200 Texas educators about their views on returning to campus during the pandemic, more than 63% of respondents named the health and safety of students as their top concern. Sixty percent of respondents listed their personal health and safety, and more than 45% reported concern about student learning gaps and learning loss. Read more about ATPE’s survey here. Following the news of the governor’s intentions today, numerous ATPE members reached out to us sharing similar concerns about health and safety.

The commissioner is expected to offer more details on the agency’s guidance for districts on reopening and school funding on Tuesday. ATPE is also awaiting more detail on allowances for students and staff who may not be able to return to school in person due to health considerations and associated funding concerns. As additional guidance is released by the state, ATPE will report on any new developments here on Teach the Vote and will continue to update our Coronavirus FAQ and Resources page for educators.

From The Texas Tribune: Texas students will return to school campuses this fall, Gov. Greg Abbott tells lawmakers

Cactus Elementary School in Cactus on Jan. 28, 2020. Photo credit: Miguel Gutierrez Jr./The Texas Tribune

Texas students will be returning to public schools in person this fall, Gov. Greg Abbott told state lawmakers Thursday morning.

The state’s top education officials confirmed the plans in a statement to The Texas Tribune.

“It will be safe for Texas public school students, teachers, and staff to return to school campuses for in-person instruction this fall. But there will also be flexibility for families with health concerns so that their children can be educated remotely, if the parent so chooses,” said Texas Education Commissioner Mike Morath.

When students return, school districts will not be required to mandate students wear masks or test them for COVID-19 symptoms, said Frank Ward, a spokesperson for the Texas Education Agency.

The TEA is expected to release additional guidance for school districts next Tuesday. Abbott has long said his intention is for students to return in-person this fall, saying this week that there will “definitely be higher safety standards in place than when they opened last year.”

“I will tell you that my goal is to see students back in classrooms in seats interacting personally with teachers as well as other students,” he told KLBK TV in Lubbock on Monday. “This is a very important environmental setting for both the students, for the teachers and for the parents.”

Abbott has pressed forward with reopening businesses and other public spaces for weeks, even as the number of new cases and people hospitalized with the virus has continued to rise. Democrats and officials in some of the state’s biggest cities have raised alarm about the pace, saying it’s putting people’s health at risk.

“Abbott’s failed leadership has cost lives and has led to Texas becoming one of the most dangerous states to live in during this pandemic,” said Texas Democratic Party Communications Director Abhi Rahman in a statement Thursday.

According to state lawmakers on the 11 a.m. call, school districts will be able to also offer instructional alternatives for students. The decision comes as COVID-19 cases and hospitalizations continue to rise statewide, and local officials begin to put firmer restrictions in place to tamp down the spread in their cities and counties.

National surveys have shown many parents do not feel safe sending their students back to the classrooms, with one poll showing two-thirds in support of keeping schools closed until the pandemic’s health risk has passed.

School districts’ surveys of parents are showing that many students will stay home, even when the classrooms are open. That could pose a financial risk to districts, which receive state funding based on student attendance. Already, many districts are planning for hybrid programs, with some students learning virtually and some learning in person, allowing them to keep class sizes small.

This year, Texas used federal stimulus dollars to fund school districts through this year’s mandated school closures, as long as they offered some type of remote education. But state officials have not yet said whether they will continue to fund them for students who do not show up in person in the fall.

With budget deadlines approaching at the end of the month, some districts are making tentative plans without clear state guidance. Fort Bend Independent School District announced earlier this week that its elementary and middle school students will return to their classrooms with adjusted schedules in the fall.

District officials are working to develop a plan for older students that combines virtual classes and classroom instruction. Online instruction will be an option for any student who doesn’t feel safe returning to the classroom in mid-August.

Cassandra Pollock and Patrick Svitek contributed to this report.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/06/18/texas-schools-reopening-fall/.

SBEC meets to discuss COVID-19 considerations for certification candidates

SBEC holds a special virtual meeting, June 11, 2020.

The State Board for Educator Certification (SBEC) met off their normal schedule today to discuss a new coronavirus-inspired rule regarding face-to-face requirements for certification candidates in educator preparation programs. View the agenda from today’s SBEC meeting here.

Candidates in educator preparation programs complete experiences such as internships, clinical teaching, practicums, and field-based experiences that involve face-to-face interactions with teachers, students, and observers. These experiences are crucial for candidates to practice pedagogical skills and get real exposure to what school environments are like, including the many unexpected aspects of daily life as an educator. The COVID-19 pandemic made these in-person experiences unsafe and impractical, which prompted the issuance of waivers from the governor’s office this spring.

Current waivers for educator candidate experiences during the pandemic only impact candidates who are completing experiences in 2019-20 and for candidates who are beginning such experiences in 2020-21. The waivers will stay in effect only as long as Gov. Greg Abbott’s disaster declaration is in place. For this reason, SBEC board members met today to consider a new rule today that would effectively allow for virtual practices with regard to certification candidate experiences. This unique provision would be limited to the 2020-21 academic year and would expire with no additional action by the board.

The rule discussed by the board today specifically states that “for the 2020-2021 academic year, actual school settings and authentic school settings may include campuses with a traditional, in-person setting that are temporarily functioning in a virtual setting and face-to-face settings for observations may include synchronous virtual settings.” With this change, internships, clinical teaching experiences, field-based experiences, teacher observations, and practicums could take place in a virtual setting during the upcoming academic year. Referring to synchronous virtual settings, the rule allows for observations to take place in which the candidate and observer are both in a virtual classroom setting at the same time, rather than the observer being able to watch a video of the educator after the fact (asynchronous).

Two representatives from the University of Texas at Austin, Dr. Jill Marshall and Dr. Michael Marder, testified today about how the changes would impact their educator preparation programs. Dr. Marshall expressed support for the proposal, but she also voiced concerns with synchronous observations and related issues such as school district permissions, student privacy, and inequitable candidate access to technology. Dr. Marder echoed Dr. Marshall’s concerns, expressing that both asynchronous and synchronous video would better serve students and suggesting alternative rule language for the board to consider. Staff of the Texas Education Agency (TEA) indicated that the inclusion of the word “synchronous” was meant to mirror the current face-to-face requirements of teacher observation, and the board did not make any changes to the proposed rule text.

SBEC voted to approve the proposed rule amendment today, which will now be posted in the Texas Register and available for public comment from June 26 to July 27, 2020. On July 31, the board will meet again to review the rule and, if finally approved, the rule will take effect Oct. 15, 2020.

During today’s virtual meeting, the board also introduced its two new members recently appointed by Gov. Abbott, Julia Dvorak (formerly Julia Moore) and Jean Streepey. As we previously reported here on Teach the Vote, Streepey is a middle school math teacher in Highland Park ISD (Dallas). Dvorak of Pflugerville is a consultant who works for a lobby and public relations firm that has represented organizations and candidates advocating for private school vouchers.

The next regularly scheduled SBEC meeting is set for July 24, 2020. For more information on the coronavirus pandemic, be sure to check out ATPE’s Coronavirus FAQ and Resources page.

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.

Texas election roundup: The mail voting seesaw

The back and forth over calls to expand mail-in voting peaked this week with a flurry of court orders, further confusing what has become a dramatic, partisan fight. One side of the debate believes voters should not be forced to risk their health and the health of their families in order to exercise their fundamental right to vote, while the other side argues there is too much risk of voter fraud to allow the expansion of mail-in balloting.

To bring you back up to speed, Texas faces several lawsuits by individual voters and interested organizations seeking to expand voting by mail. Because Texas law restricts mail-in voting to individuals who meet a narrow set of eligibility criteria, one of which is having a disability, many of the plaintiffs’ arguments call for treating voters’ health-related fears of exposure to the coronavirus as a disability. Governor Greg Abbott and Attorney General Ken Paxton are leading the fight against opening up voting by mail to those voters who fear contracting COVID-19 but may not otherwise qualify for a mail-in ballot. Many states, with Republican and Democratic governors alike, have already decided to expand voting by mail in light of the pandemic-related concerns.

The seesaw through the courts began with a state district court ordering, first, that all Texans who are concerned about contracting COVID-19 should be allowed to vote by mail. Last week, a state appellate court upheld that order. Appealing the ruling on behalf of the state, Abbott and Paxton echoed President Donald Trump’s claim that expanding voting by mail would increase voter fraud, which many election experts say is “extremely rare” and preventable. The all-Republican Texas Supreme Court announced Friday the expansion of mail-in voting would be put on hold temporarily while it considers the case.

Health care professionals and institutions from around the state have since filed a brief to the Texas Supreme Court arguing that COVID-19 would almost certainly be spread at polling locations, even with protocols such as sanitizing voting machines and requiring PPE for in-person voting. According to the brief, “When the risk for injury to registered voters is so severe—potentially deadly—there is little to no benefit for in-person voting when a viable mail-in alternative is already available by statute.”

The Texas Supreme Court heard arguments from both sides on Wednesday, May 20, and Paxton has asked the state’s highest court to quickly issue a ruling.

Meanwhile, the dispute over mail-in ballots is simultaneously playing out in the federal courts, too. On Tuesday, May 19, a federal judge ruled on a similar lawsuit filed in U.S. district court, finding that the state’s current restrictions on voting by mail violate the Equal Protection Clause of the U.S. Constitution and ruling that all registered voters in Texas could apply to vote by mail. Judge Fred Biery wrote in his decision, “The Court finds the Grim Reaper’s scepter of pandemic disease and death is far more serious than an unsupported fear of voter fraud in this sui generis experience.”

Paxton immediately appealed the federal judge’s ruling to the U.S. Fifth Circuit Court of Appeals, which upon Paxton’s request agreed on Wednesday, May 20, to temporarily stay Judge Biery’s ruling while it decides whether to permanently overturn the decision.

Stay tuned to Teach the Vote for updates on the frequently changing status of this debate.

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

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

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

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

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

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

U.S. Secretary of Education Betsy DeVos

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

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

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

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

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

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


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

From The Texas Tribune: Texas schools can hold summer classes, but students can’t be required to attend in person

By Aliyya Swaby, The Texas Tribune
May 18, 2020

A classroom in Cactus Elementary School in Cactus on Jan. 28, 2020.

Gov. Greg Abbott announced Monday that Texas school districts can offer in-person summer school. Photo credit: Miguel Gutierrez Jr./The Texas Tribune

Texas public school districts may offer summer school in their classrooms as early as June 1, but they cannot require any students to attend in person.

In April, Gov. Greg Abbott ordered all school buildings closed through the end of the academic year, but he announced Monday that districts could offer in-person summer school. The decision came as part of his second wave of the economic jumpstart during the coronavirus pandemic, with parents struggling to figure out how to work and take care of their children.

The state is encouraging school districts to prioritize making on-campus summer school available for their most vulnerable students, including students with disabilities who cannot learn virtually, homeless students and students with significant academic gaps. Many of those students were left behind during the academic year as school districts struggled to ramp up online instruction quickly once the pandemic hit.

School districts must use their best judgment, based on the local spread of the new coronavirus, to decide whether to offer summer school on campus, according to guidance from the Texas Education Agency issued Monday. And they cannot make in-person attendance mandatory, even for students who need to attend summer school to move to the next grade.

Staff members or students who go back to school buildings this summer will experience a marked change from the typical summer school. Teachers will have to take students’ temperatures every day, students will be supervised while washing their hands for 20 seconds twice a day, and dividers will separate student desks.

Any students and staff members who attend summer school in person must stay 6 feet apart and cannot meet in groups larger than 11. School districts are encouraged to stagger school start and end times to reduce the number of students walking close together in the hallways, and parents are encouraged to stay outside to pick up and drop off their children.

Students cannot attend assemblies, go on field trips or gather in groups outside of individual classes unless 30 feet can be kept between groups. A positive COVID-19 case in a school will require a two-week closure of the classes that were exposed to the sick person. School gyms, weight rooms and indoor workout facilities cannot reopen, but students can participate in some outdoor sports as long as they follow Department of State Health Services guidance.

School districts have been writing up back-up plans for their back-up plans as they wait to see how and whether the coronavirus continues to spread this summer and spring.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/05/18/texas-students-cant-be-required-attend-summer-school-classes-person/. “Texas schools can hold summer classes, but students can’t be required to attend in person” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Teach the Vote’s Week in Review: May 15, 2020

As this atypical school year winds down and questions linger about the next one, ATPE’s Governmental Relations team is following all of the developments and reporting them here on our advocacy blog. Here’s a look at this week’s news:


CORONAVIRUS UPDATE: School calendars and questions of how to plan for the next school year in light of uncertainties surrounding COVID-19 were a popular topic of discussion this week. Since the only certainty of a return to normalcy is based on a vaccine many months down the road, many educators are wondering how safety and learning will intertwine as students return to school in the fall.

The Texas Education Agency (TEA) updated many of its instructional continuity resources this week to include new information on intersessional calendar options, a calendar workbook, a COVID response calendar, answers to questions related to the additional days school year (ADSY) provision in HB 3, and three examples of real district calendars. The agency is suggesting districts adopt calendars that would start earlier, end later, and have more built-in “breaks” throughout the year, suggesting that such a plan would provide more opportunities for student enrichment and days out of school in case the virus reinvigorates.

Many districts, including those that became Districts of Innovation (DOI) under a state law passed in 2015, already start their school years earlier than the late-August standard written into statute. One district that has been highlighted by TEA as an example for other districts contemplating school calendar changes is Socorro ISD. The El Paso-area district’s 2020-21 calendar starts July 26 and has two two-week intersession periods, in addition to a week for Thanksgiving and two weeks for winter break. The district’s last day of school is June 3, but the calendar extends into the rest of the summer with several intersessional weeks.

In order to receive supplemental ADSY funding, districts must provide both 75,600 minutes and 180 days of instruction, but the extra funding authorized as part of House Bill 3 is only for elementary students and only provided at half-day for up to 30 days starting in the 2020-21 school year. Making the funding available for additional grade levels would take a legislative change. TEA also uploaded Abilene ISD’s summer learning plan to the agency’s Texas Home Learning resource page.

ATPE is closely eyeing the state’s guidance to school districts on setting their calendars for next year and changes being made at the local level. School districts are empowered to set their own calendars locally, and there are a number of considerations that factor into a school board’s decision. In addition to concerns about the availability of funding for a longer school year or additional school days for which teachers and other staff must be paid, community impact also matters. Businesses are affected by school calendars, as are working parents who must arrange for child care when school is not in session. Across Texas, there are likely to be many different approaches taken to the school calendar issue and a good chance legislators will take a closer look at this issue in next year’s regular legislative session. ATPE hopes to draw more attention to these concerns, as laid out in a press statement today.

Read ATPE’s press statement about school calendar concerns here.

In case you missed it, last Friday we published a comprehensive (as of May 8) COVID-19 recap of legislative and regulatory developments impacting Texas and education since the pandemic began. Here’s what’s happened since then:

    • On Tuesday, Gov. Greg Abbott renewed the disaster declaration for all counties in Texas, which has already been renewed once since its original issuance on March 13 (the declaration may not continue for more than 30 days). A disaster declaration allows public officials to temporarily suspend deadlines and regulations and to request federal emergency funding, among other things.
    • Abbott’s plan to reopen Texas began last Friday as some businesses, like movie theaters and restaurants, were allowed to open their doors to a limited number of customers. The originally announced date for the opening of other Texas businesses, such as gyms and bars, is May 18. Fittingly, Abbott is expected to make new announcements regarding reopening Texas on Monday.
    • Some families may find relief in Abbott’s announcement this week that over $1 billion in food benefits will be provided to those who have lost access to free and reduced lunch options due to COVID-19 school closures. The federal funds which are being administered by the Texas Health and Human Services Commission, the Texas Department of Agriculture, and the Texas Education Agency (TEA), will be distributed through the federal Pandemic Electronic Benefit Transfer (P-EBT) program. The one-time benefit of $285 per child can be used in the same way as Supplemental Nutrition Assistance Program (SNAP) food benefits to pay for groceries. Find more information about child nutrition, including the specifics of the P-EBT program here.
    • Gov. Abbott also waived license renewal fees this week for a number of occupational licenses, including speech-language pathologists and dyslexia therapists.
    • Texas House Committee on Public Education Chairmain Dan Huberty (R-Kingwood) wrote an op-ed this week to discuss fears that public education funding will be cut in the upcoming 2021 legislative session. Huberty commended the bipartisan passage of House Bill (HB) 3 and indicated that he feels  bipartisan work will continue so that the gains made under HB 3 are not lost.

For more resources related to the pandemic, visit ATPE’s frequently updated Coronavirus FAQ and Resources page, and follow the ATPE lobby team via @TeachtheVote on Twitter.


The Texas Education Agency (TEA) updated its main coronavirus resource page this week to include new information on a variety of topics, including the school calendar issue discussed above. In particular, TEA has provided updates on grading policies, the Texas Virtual School Network (including a waiver of professional development that teachers typically take before teaching a VSN course), and updated instructions for candidates seeking to apply for a probationary certificate as authorized by Gov. Abbott’s March 13 disaster declaration. This week, TEA also announced a partnership with AmplioSpeech to provide speech pathology services to students during the pandemic.

Kristi Hassett

TEA also announced this week the availability of optional end-of-year (EOY) assessments that parents and/or districts can administer to students who are in STAAR-tested grades and subjects, except for Algebra II and English III. Parents will have until June 5 to register their child for the tests, which are available online or in a printable PDF format. TEA has stressed that the data collected by this process will not be used for accountability and will only be used to inform instructional support systems to be used in the future. However, many parents may be concerned about the validity of the data, which will likely not be representative of the entire state and will based on tests that were not administered in a controlled environment. Read today’s guest blog post by parent Kristi Hassett on the optional EOY assessments. Hassett serves on the boards of her local school district and the state organization Texans Advocating for Meaningful Student Assessment (TAMSA).


FEDERAL UPDATE: Much of the current conversation about Texas education and the coronavirus is situated on what the return to school in the fall will look like. This conversation is happening at the national level, too, intertwined with a push to return to work and the debate over whether states are opening too quickly.

Social distancing at a hearing on Capitol Hill

This week, four prominent medical and health officials testified before the U.S. Senate Health, Education, Labor, and Pensions committee in Washington, D.C. The discussion centered on how states should focus on testing as they make decisions about opening schools up in the fall, which could mean that schools would have to facilitate some of the tests.

During the hearing, U.S. Sen. Rand Paul (R-Ken.) commented that it could be unnecessary and potentially detrimental to keep kids out of school. Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases for 36 years, responded that we should be careful to consider what we don’t know about the virus, particularly when it comes to how the virus affects children. Neither of Texas’ two U.S. Senators sits on this committee. Video of the hearing and each witness’s testimony can be found here.

Also this week in Washington, D.C., consternation has been brewing about U.S. Secretary of Education Betsy DeVos’s guidance directing school districts to use federal emergency funding to provide “equitable services” to all students attending private schools in their districts, not just those who are low-income (even though Title I formulas were used to distribute the money). Equitable services is a term used in federal education law, but it refers only to a district’s duties to low-income students. The U.S. House of Representatives is set to vote on a new coronavirus stimulus bill today that includes language from House Democrats restricting DeVos’s ability to use additional K-12 relief funds for private schools. Read about DeVos’s other privatization efforts using federal relief funding in our previous reporting about “microgrant” vouchers.


ELECTION UPDATE: The field is set for a special election in Senate District 14, where longtime state Sen. Kirk Watson (D-Austin) stepped down from the seat he held since 2007. Two Democrats,  two Republicans, a Libertarian candidate, and an independent have filed to run for the reliably blue seat. The election will take place July 14, 2020, at the same time as the state’s primary runoff elections.

This week also saw more developments in the battle over expanding access to voting by mail because of the coronavirus pandemic. A state appeals court this week upheld a state district judge’s order to expand eligibility for mail-in ballots. Arguing against expansion, state Attorney General Ken Paxton has now asked the Texas Supreme Court to consider the issue. Paxton is also the subject of a new criminal complaint stemming from a letter he sent warning county election officials against complying with the court’s ruling on the matter.

Read more on the latest election news in this week’s Texas election roundup blog post by ATPE Lobbyist Mark Wiggins.


On Monday, Gov. Abbott announced two new appointments to the State Board for Educator Certification (SBEC) to fill the seats of two members with expiring terms. Former SBEC chair Jill Druesedow, a classroom teacher, will be replaced by Jean Streepey, a middle school math teacher in Highland Park ISD (Dallas). Citizen member Laurie Bricker will be replaced by Julia Moore of Pflugerville. Of note, Moore works for a lobby and public relations firm that has represented several organizations and candidates advocating for private school vouchers.


Today, the winners of ATPE’s “Work from Home Classroom Makeover Contest” were announced! Congratulations to Beverly Zearley in Region 16, Kimberly Hagins in Region 14, and Susie Andrews in Region 1. See their work from home classrooms below! #TeachersCan

Visit ATPE’s Facebook page to view all the entries.

Texas election roundup: Senate special election

Wednesday, May 13, 2020, marked the deadline for candidates to file for the legislative seat recently vacated by former state Sen. Kirk Watson (D-Austin).

The Democrats vying for the reliably blue Senate District (14) seat based in Austin include state Rep. Eddie Rodriguez (D-Austin) and former Travis County Judge Sarah Eckhardt. The two Republicans who have filed are activist and former Austin city council member Don Zimmerman and attorney Waller Burns II, who does not appear to have a campaign website or social media presence. Libertarian Pat Dixon and physician Jeff Ridgeway, running as an independent candidate, have also filed for the seat.

The special election for the SD 14 seat is scheduled for July 14, which is the same day as the primary runoff elections. Gov. Greg Abbott (R-Texas) announced this week that early voting in these elections will be extended to June 29 from July 6. Voters are normally given only one week to vote early in the runoffs, but Abbott’s order will extend that period to two weeks. The governor’s stated reasoning is to enable greater social distancing for in-person voting.

Whether to vote in person or by mail has become a politicized and polarizing issue, unfortunately, with numerous local and state officials along with President Donald Trump weighing in on different sides of the debate. Voters who go to the polls in person may still be exposed to the risk of communicating the deadly COVID-19 infection, the number of confirmed cases of which have continued to increase in Texas at ever higher rates. While several other states, including states such as Kentucky and Alabama with Republican leadership, have expanded voting by mail options in order to protect their voters’ safety, Gov. Abbott and state Attorney General Ken Paxton continue to resist efforts to expand voting by mail in Texas.

A state appeals court ruled Thursday that the state and counties must follow a district judge’s order allowing all Texas voters to vote by mail if they are concerned about contracting COVID-19. Paxton has fought the order and this week asked the Texas Supreme Court to consider the case. Meanwhile, Paxton faces a new criminal complaint alleging he committed election fraud by sending a letter in which he warned counties to ignore the judge’s order.

A coalition of voters and civil rights organizations filed another lawsuit in federal court this week seeking to loosen the restrictions on voting by mail. The League of United Latin American Citizens (LULAC) joined a separate federal lawsuit filed last month to expand voting by mail in Texas, arguing that the current laws discriminate against Hispanic voters.

While the political debate over voting by mail continues, polling suggests the overwhelming majority of citizens support expanding access to voting by mail. A Dallas Morning News/University of Texas poll last month found 58% of Texans support allowing any registered voter to mail in a ballot without need for an excuse, compared to 22% who opposed. A 56% majority support extending this ability to all future elections. According to a Wall Street Journal/NBC News poll, 67% of Americans support mail-in ballots for the November elections.