Tag Archives: HB 3

ATPE supports lifetime Legacy Master Teacher certificates

Today, August 26, 2020, ATPE submitted public comments to the Texas Education Agency and the State Board of Education (SBEC) in support of a proposed rule change that would help Legacy Master Teachers (formerly “Master Teachers”) maintain their teaching positions.

As we previously reported here on Teach the Vote, House Bill (HB) 3 of the 87th Texas legislature eliminated the ability of SBEC to issue or renew the Master Teacher (MT) certificates. In February, Chairman Huberty (R-Kingwood), author of HB 3, notified SBEC that this change was intended only to avoid confusion with the bill’s “master” teacher designations and was not meant to harm the employment of Master Teacher certificate holders. SBEC swiftly took action, requesting that TEA draft a rule to fix the issue.

The proposed rules are open for public comment through September 21. If approved at the October SBEC meeting and subsequent November SBOE meeting, the rules will effectively transition Legacy Master Teachers into lifetime certificate status. The rule update will allow Legacy Master Teachers to keep and/or obtain teaching assignments that require the Legacy Master Teacher certificate. If you are a Legacy Master Teacher or have a stake in the issue, submit a comment here!

Master Teacher rule fix opens for public comment

After months of advocacy by ATPE, the State Board for Educator Certification (SBEC) tentatively agreed upon a proposed rule that will eliminate the expiration date of “Legacy Master Teacher” certificates, allowing certificate holders to maintain their teaching assignments obtained by virtue of their Master Teacher certificate. This proposed rule opens for public comment today, August 21, through September 21, 2020. If you’re interested or have a stake in the issue, please share your voice! Find the public comment notice and link to submit a comment here.

Here’s some history on the topic and advocacy ATPE has done:

The 86th Texas legislature passed House Bill (HB) 3, an enormous school finance package that provided billions in funding to public schools across the state. The bill created the Teacher Incentive Allotment (TIA), a program designed to provide funding to districts tied to a teacher “designation” based on his or her performance. The highest designation under this program was labeled “Master Teacher.” In order to avoid confusion with existing certificates for Master Reading, Science, Math, and Technology Teachers, HB 3 repealed of the authorizing statutes for all the Master Teacher certificates.

That repeal took effect September 1, 2019. The implementation of the repeal meant that the SBEC could no longer issue or renew Master Teacher certificates and that the certificates would now be called “Legacy Master Teacher” certificates. Master Teachers were faced with the prospect of losing both their certificate and their assignment. It was a tricky situation that needed to be solved.

ATPE Lobbyist Andrea Chevalier testifies at the July SBEC meeting.

ATPE has advocated on behalf of Master Teachers over the past year to solve this issue. We have worked with TEA staff and SBEC board members and have provided testimony at the October 2019, December 2019, February 2020, May 2020, and July 2020 SBEC meetings in support of a fix. In January, we submitted public comment on the four-year rule review of the chapter in the Texas Administrative Code that formerly housed the Master Teacher certificate rules, imploring SBEC to take action.

ATPE also secured a letter from Chairman Dan Huberty that was delivered to SBEC members at the very moment ATPE Lobbyist Andrea Chevalier was testifying at the February 2020 SBEC meeting. The letter explained that the intent of the repeal was only to avoid confusion with the new and unrelated master teacher designation created by HB 3 as part of the TIA; the repeal was not meant to harm the employment prospects of current educators. In April, ATPE sent a letter letter to Gov. Greg Abbott expressing our appreciation for his interest in the issue.

Through these efforts, we have reached the final stages of fixing this unintended consequence for nearly 5,000 Texas educators. After public comment, the rule will be up for final adoption at the October SBEC meeting and, if approved, will also be reviewed by the State Board of Education. If ultimately approved, the rule is expected to take effect by the end of the 2020 calendar year.

House Public Education committee posts formal requests for information

House Public Education Committee meeting, Oct. 28, 2019.

We won’t see familiar images of the Texas House Public Education Committee meeting in person anytime soon. In accordance with procedures released in July for carrying out “distanced” interim committee business during the pandemic, the committee posted five formal requests for information on Wednesday and Thursday of this week. Four of the requests reflect the interim charges assigned to the committee by House Speaker Dennis Bonnen, while the fifth request relates to COVID-19. Anyone can submit information to the committee by September 30, 2020. Here is a summary of the requests:

1: The committee seeks information related to interim charge 1, which is related to monitoring and oversight of relevant agencies, programs, and the implementation of a slew of bills passed in recent legislative sessions. These include bills and rule-making related to school finance (House Bill 3, mentor teacher allotment, teacher incentive allotment, etc.), accountability and testing (STAAR, A-F ratings, district-charter partnerships), and school safety and mental health in schools. The formal request also includes several questions that the committee seeks answers to that largely relate to school finance, including a specific emphasis on teacher pay, and the efficacy of charter schools and district-charter partnerships.

2: This request seeks information related to interim charge 2, which seeks to determine barriers to providing a digital learning environment for all children. Specific questions related to this request ask where gaps in internet coverage exist and how internet providers may fill these gaps.

3: With regard to interim charge 3, the committee is seeking information related to the Texas Education Agency’s compliance with the U.S. Department of Education in correcting their errors related to special education. This includes the implementation of TEA’s Special Education Strategic Plan and other requirements the state has come out of compliance with, such as annual maintenance of financial support.

4: This request will not likely apply to many educators and the general public, as it is related to the committee’s fourth interim charge of monitoring the State Auditor’s review of agencies and programs.

COVID-19: The committee has posted seven questions to gather information on the pandemic. These include whether public schools are ensuring the health and safety of students, what plans are in place for on-campus COVID-19 testing, what plans are being made for athletics this fall, what projected enrollment might look like for 2020-2021, whether there is a noticeable impact on staff retention, if funding has already been impacted, and how the pandemic has specifically impacted the finances of small and rural school districts.

ATPE encourages educators to participate in this information-gathering process. Stay tuned to Teach the Vote for more information and news on ATPE’s submissions to the committee and other House committees that have requested education-related information.

Summary of July 24 SBEC meeting

The State Board for Educator Certification (SBEC) met today, July 24, 2020, to take up a lengthy agenda, including the adoption of five items related to the implementation of the Science of Teaching Reading and a proposed fix for expiring Legacy Master Teacher certificates.

Highlights:

  • SBEC approved an ATPE-backed proposal to eliminate the expiration date of Legacy Master Teacher certificates, which were barred from being newly issued or renewed by last year’s House Bill (HB) 3.
  • The board adopted rules to implement science of teaching reading requirements of HB 3, including new testing requirements and replacement certificates for PK-6.
  • Two new non-voting members joined the board: Emily Garcia, Executive Director of Urban Teachers in Dallas replaced Carlos Villagrana as the alternative certification program representative. Dr. Edward Hill is replaced by Dr. Alma Rodriguez, Dean of the College of Education at the University of Texas- Rio Grande Valley in Brownsville. Both new members were former public school teachers and administrators.
  • SBEC will meet again next Friday, July 31, to discuss special rules regarding COVID-19 and educator candidates and will likely hear from many educator preparation stakeholders who want flexibility for their programs amid an ever-changing landscape of pandemic policies and practices.

Legacy Master Teachers

Chevalier testifies at SBEC meeting, July 24, 2020.

ATPE Lobbyist Andrea Chevalier testified today in support of a proposal to create two new rules that would eliminate the expiration date on Legacy Master Teacher (LMT) certificates and make these certificates exempt from renewal requirements. The rules would apply to valid LMT certificates and LMT certificates that expired on or after September 1, 2019.

This transition to a lifetime certificate will solve the unintended consequences of House Bill (HB) 3, which barred the Master Teacher certificates from being issued or renewed after September 1, 2019. This change has left some teachers unable to continue in their current teaching assignments once their LMT certificate expires. ATPE pushed the board for several months to take action on this issue, even requesting a letter of legislative intent from House Public Education Committee chairman and HB 3 author Dan Huberty.

Read Chevalier’s written testimony in support of the new rules here and see video of her oral testimony at 4:00:00 here. The board approved the proposal, which will be published in the Texas Register for public comment from August 21 to September 21, 2020. The proposal will then be up for final adoption at the October SBEC meeting and then subject to review by the State Board of Education. If all approval processes are finalized, the effective date of this proposal would be December 27, 2020, and the Texas Education Agency (TEA) has said it will do outreach over the winter break to make sure LMTs are aware of the change.

Coronavirus Update

Gov. Greg Abbott has provided flexibility through suspensions of statutes and rules that allowed Spring 2020 certification candidates to spend less time on face-to-face requirements, allowed candidates who weren’t able to test but who had completed all preparation requirements to receive a one year probationary certificate, and allowed for those have yet to pass the content pedagogy test to obtain a one-year intern certificate (only issuable prior to October 1). Other changes have allowed extension of a one-year emergency permit for candidates who are unable to test, and the state suspended requirements that internships, practicums, and clinical teaching experiences must occur in actual school settings rather than virtual ones. Witnesses testifying today echoed public comment provided at the beginning of the SBEC meeting, expressing that school district plans are extremely varied in terms of start dates, instructional settings, learning plans, and visitor policies, which makes it difficult to place student teachers and help students meet their preparation requirements. Next Friday, July 31, the board will consider specific rulemaking related to further COVID-19 considerations for educator preparation.

Science of Teaching Reading

SBEC adopted several agenda items today that implement the new science of teaching reading (STR) requirements of HB 3. Every teacher candidate issued a standard certificate after January 1, 2021, must take a stand-alone STR certification exam if they plan to earn a certificate in Early Childhood (EC): PK-3, Core Subjects: EC-6, Core Subjects: 4-8, English Language Arts and Reading: Grades 4–8, English Language Arts and Reading/Social Studies: Grades 4–8. These certificates (except for EC: PK-3) will be replaced after December 31, 2020, with new certificates that incorporate science of teaching reading into their name, standards, and testing requirements. Replacement certification exams are also being developed so that content within the STR is not duplicatively tested. Additionally, through August 2021, the STR exam requirement implementation will be pass/fail while curriculum is refined and details are being worked out. Starting September 6, 2021, a scaled score for the STR will be implemented. See below for the operational dates of the new tests.

Today’s adopted rules implement the STR change by updating the pre-admission content test requirements, adding an approval process for educator preparation programs (EPPs) to be able to offer the replacement certificates, adding the replacement certificates to the categories of classroom teaching certificates, updating exam requirements for the replacement certificates, and reorganizing the STR standards in rule to apply to all EC-6 educators.

TEA also provided an update to SBEC members on test development and its communication strategy with the field and candidates. An STR exam preparation manual is expected to be available September 2020. A TExES in Focus: Science of Teaching Reading (293) Webinar was held July 16, and it will be posted soon on the TEA website. TEA also plans to hold a deep-dive webinar series on the changes. EPPs must attest by December 15, 2020, to their ability and readiness to prepare candidates for the STR-impacted fields.

Other Adopted Rules

SBEC adopted several changes to rules regarding educator preparation requirements, including guidance to programs that are closing or consolidating; a requirement that EPPs that are closing publish in writing a formal exit or dismissal policy; additions to curriculum to align with the mental health, abuse, and suicide requirements of House Bill 18 (86th Texas legislature); alignment to board standards of the 150 clock hours of coursework and training prior to clinical teaching or internship; clarifications on certificate deactivations; guidance about summer practicums; guidance for programs and candidates who need to finish their practicum out-of-state and out-of-country; and guidance about test approval for completers from prior years who return to their program later on to test.

The board also adopted into rule new standards for bilingual Spanish, EC-6 and EC-12 special education, and deafblind certification areas and removed the one-year expiration date on passing PACT to give candidates more time to be admitted to a program if they have a passing score on a PACT exam that is more than a year old.

Proposed Changes

The board approved the proposed mandatory four-year rule review for 19 TAC Chapter 234, which relates to preparation, testing, certification, and renewal requirements for military service members, military spouses, and military veterans.

SBEC also discussed proposals for the Accountability System for Educator Preparation Programs (ASEP), including the “Not Rated: Declared State of Disaster” accreditation status for EPPs due to Abbott’s disaster declaration. Additionally, data for 2019-20 will be reported only, and candidates who were issued a probationary certificate under Abbott’s COVID-19 waivers will be excluded from ASEP pass rates for the 2020-21 school year. TEA also proposed an ASEP index, which combines the five ASEP indicators to create an overall “index” or score for EPPs. The five indicators are PPR/non-PPR pass rates, principal surveys, student growth, observation frequency and quality, and new teacher surveys. Each of these indicators will be weighted to create the index, with the PPR/non-PPR pass rates having the greatest weight. For the 2020-21 year, EPPs’ status will be the more favorable outcome of the index versus the current system. The proposed rule also contains an updated to say that if an EPP is under a board order, they aren’t eligible for a commendation.

A model for the student growth indicator of the ASEP system was also proposed today, which will assign points to beginning teachers of record in their first three years based on their students’ growth on standardized testing. These points will be attributed to the beginning teachers’ EPPs and incorporated into those programs’ ASEP scores. Earliest is Spring 2024 before this indicator could become implemented, due to uncertainties regarding testing during the pandemic.

The board also approved proposed updates to the SBEC rule chapter that designates which certificates are appropriate for certain teaching assignments (19 TAC Chapter 231). This includes changing “Master Teacher” to “Legacy Master Teacher” and updates to incorporate assignments for new SBOE-approved courses, such as English Language Development Acquisition, African American studies, and energy cluster courses (Oil and Gas Production).

Discussion Only Items

The first year of the EdTPA pilot program included 27 EPPs — 16 institutions of higher education (IHE) and 11 alternative certification programs (ACP). Over 450 candidates have submitted portfolios. The second year of the pilot will include 35 EPPs (19 IHEs, and 16 ACPs). SBEC members discussed the fact that the state of Georgia has eliminated its EdTPA requirements, while two other state legislatures have discussed eliminating EdTPA from their state frameworks. Researchers from Sam Houston State University will provide an update on their T-TESS pilot, which aims to explore an alternative to EdTPA, at the October SBEC meeting.

The board is set to meet again next Friday, July 31. Subsequent meetings this year are set for October 9 and December 11, 2020.

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: 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.

Highlights of the May 2020 SBEC meeting

In its first meeting conducted via Zoom, the certification board discussed educators and coronavirus, Master Teachers, and more.

On Friday, May 1, 2020, the State Board for Educator Certification (SBEC) met for the first time in a virtual setting, due to COVID-19 meeting restrictions. Here are the highlights from the board’s agenda:

  • Carlos Villagrana of Teaching Excellence will no longer be a member of the SBEC board.
  • The Texas Education Agency (TEA) says beginning teacher support is a “huge priority” in light of COVID-19 and that the state is looking to federal CARES Act funding to implement programs and resources in this area.
  • SBEC gave the nod to rule changes to implement the Science of Teaching Reading requirements in last year’s House Bill 3 for all EC-6 teachers.
  • The board rejected an alternative certification program’s petition for several rule changes that would have lessened the responsibility of educator preparation programs (EPPs) to prepare high-quality teachers.
  • In a discussion of tying EPP accountability to STAAR-based student growth, EPPs and board members alike expressed concerns about clarity of the methodology and determining cut scores.
  • In a discussion-only item, SBEC members overwhelmingly agreed with ATPE in support of removing the expiration date from Legacy Master Teacher certificates. TEA will move forward with rule-making on this issue.

“Legacy” Master Teachers

On Friday, SBEC took up a discussion-only agenda item to move forward with potential solutions for Master Teachers (MT), whose certificates were eliminated under House Bill (HB) 3 passed by last year’s legislature. Though the process for gaining a MT certificate was arduous and often costly, MTs will not be able to renew these certificates and, upon their expiration, may find themselves ineligible to continue in their current teaching assignment.

In a letter requested by ATPE and delivered to the board at its Feb. 2020 meeting, HB 3 author Rep. Dan Huberty (R-Kingwood) explained that the intent of his bill was never to abandon MTs’ expertise, but simply to avoid naming confusion with the “master” teacher merit designation also included in the bill as part of the Teacher Incentive Allotment. This is why MTs now see the qualifier “legacy” attached to their certificate. Huberty’s letter urged the board to allow legacy MT certificate holders to “maintain their existing teaching assignments without interruption, additional cost, or the need to seek additional certifications,” which prompted today’s discussion on the SBEC agenda.

ATPE Lobbyist Andrea Chevalier testified virtually before SBEC on May 1, 2020.

ATPE Lobbyist Andrea Chevalier provided written and oral testimony today in support of solutions to allow MTs to retain their teaching assignments. In particular, ATPE supported a TEA-suggested option to remove the expiration date from Legacy MT certificates, and the board overwhelmingly agreed. ATPE looks forward to continuing to work on this issue as rules are proposed. For background on ATPE’s previous work regarding MTs, see this blog post by Chevalier.

Coronavirus and educators:

In the first discussion of the day, the board received an overview of the COVID-19 pandemic’s impact on educators. TEA staff explained that the first round of governor-issued waivers changed the time and physical setting requirements for clinical teaching, internships, and field-experience. The second round of waivers provided flexibility for certain candidates who have not been able to meet testing requirements for a one-year probationary certificate, which is typically reserved for candidates in alternative certification programs. This waiver gives candidates a year to meet the testing requirements as testing centers slowly reopen.

SBEC member Laurie Turner asked if waivers would still apply in the event of a second viral surge. TEA Associate Commissioner Ryan Franklin replied that his team is developing a plan for a next phase of admission and entrance requirements for candidates entering programs this fall. Franklin said all things will be on the table and a lot will depend on the emergency declaration from the governor’s office that enables TEA to address these issues.

SBEC heard testimony from representatives of the University of Texas at Austin, who said new teachers will need extra support next year due to decreased preparation experiences and the additional needs of students who have lost learning due to the pandemic. Testifiers argued that federal funding could be used for statewide targeted induction support, including activities such as close mentoring, summer professional learning, micro-credentialing, a hotline, and virtual planning sessions over the summer. Kelvey Oeser of TEA said this is a huge priority for the agency and that they are looking at the CARES Act as a potential funding source.

Implementation of the Science of Teaching Reading requirements:

Last year’s HB 3 requires  candidates who plan to teach students in grades EC-6 to complete a Science of Teaching Reading (STR) exam. To reflect this requirement, the board approved proposed amendments today across several chapters in Title 19 of the Texas Administrative Code (TAC) to implement the replacement certificate names, as well as other changes that might have been proposed in each particular chapter. These proposed changes by chapter will be posted in the Texas Register for public comment beginning May 29, 2020 and ending June 29, 2020. See below for more detail:

Chapter 227: Changes include updates to the PACT to implement the STR exam and removal of the one-year expiration date on passing PACT. This would reduce the burden on candidates, who may have taken a PACT exam more than a year before they try to gain admission to an EPP.

Chapter 228: This chapter houses requirements for EPPs. Eight revisions were approved, five of which were discussed at the February SBEC meeting. These would simplify a table of requirements in the chapter; implement portions of HB 18 passed by the legislature in 2019; authorize teaching sites outside of Texas in situations such as military assignment; provide admittance policy guidance to EPPs that are closing or consolidating; restrict a summer-only practicum unless it is part of a year-round school or extended year program; provide a dismissal policy for candidates who violate the code of ethics; supply concise reasons that an EPP would no longer support a candidate in an internship; and clarify the number (three) and spacing of formal observations conducted during a practicum. Three new changes to EPP requirements were made since the February meeting so that EPPs can offer the replacement certificates for the STR exam.

Chapter 230: The revisions update the testing figure in 230.21(e) to implement the STR requirements, including the insertion of replacement certificate names and a content pedagogy exam transition. This transition is necessary because the exams are based on standards that are changing with implementation of the STR and changes to English Language Arts and Reading (ELAR) curriculum standards in the TEKS. The changes also include technical edits to phase out a retired test and update test numbering conventions.

Chapter 233: This adds the replacement STR certificates to the categories of classroom teaching certificates and language requiring educators who teacher pre-K-6 to demonstrate proficiency of STR. New rule language also implements transition deadlines.

Chapter 235: These changes update the organization of the STR standards to comply with HB 3, including a split certification for special education with separate certificates for grades EC-6 and 6-12. Changes also include two sets of supplemental certificate standards: one for bilingual Spanish, grades EC-12, focusing on bilingualism, biliteracy, and biculturalism; and another for “DeafBlind” grades EC-12.

In a discussion-only item, the board also considered a communication timeline for the Science of Teaching Read exam transition, including test development.

Other action items:

SBEC approved the adoption of revisions to 19 TAC Chapter 232 to implement technical updates to renewal and fingerprinting procedures and several bills passed by the 86th Legislature in 2019. The new legislative requirements include continuing professional education regarding mental health and substance abuse training under HB 18 and Senate Bill (SB) 11); training requirements for superintendents on sexual abuse and human trafficking per HB 403; and the removal of student loan default as grounds to deny the a certificate renewal under SB 37. The fingerprinting updates include process and technology changes that match current practice. The simplification and reorganization of the chapter was presented as suggested by ATPE and other stakeholders.

The board voted to deny a rulemaking petition that included four requests related to EPPs. State law in the Texas Government Code allows any interested person to petition a rulemaking agency, such as SBEC, for regulatory action. The petition by an individual representing an alternative certification program (ACP) included requests for SBEC to make four rule changes as follows: 1) revert back to requiring that candidates take a certification exam for admission purposes into an EPP; 2) allow ACPs and post-baccalaureate programs to prepare candidates for pre-admission content tests; 3) change the EPP accountability system to give EPPs credit for any candidate who passes within the first five attempts, as opposed to current rule that is limited to the first two attempts; and 4) change the intern certificate to two-years rather than one-year. This last change would extend the amount of time that intern teachers are teaching students without having met certain proficiency requirements required at the end on an intern year. After mixed testimony, the board overwhelmingly agreed on the importance of keeping educator preparation as rigorous as possible and voted to deny the request

Discussion-only agenda items (no action taken):

The board also discussed potential changes to 19 TAC Chapter 229, covering the Accountability System for Educator Preparation (ASEP). Because of COVID-19, TEA proposed an EPP accreditation status of “Not Rated: State of Disaster,” since candidates cannot take certification tests due to test center closures and teacher and principal surveys were waived. An EPPs status from the prior year will remain its current status, which effectively makes the Not Rated status a pause in the accountability system. The agency also proposed a summative ASEP index, which brings all of the accountability indicators together through a weighting system. TEA presented a student growth indicator that would be integrated into the system, based on student scores on the State of Texas Assessment of Academic Readiness (STAAR) test. In this indicator, a beginning teacher’s growth scores would be determined by comparing STAAR student achievement to expected growth. This growth score would then be compared to a statewide cut score. Mark Olofson of TEA noted that the agency will provide more information about that manner in which candidates who are on probationary certificates under the governor’s waiver would fit into the ASEP model. Testimony on the changes included concerns from EPPs that the ASEP manual should be very explicit about which teachers will be included in the student growth indicator and what the cut scores will be, with which the board seemed to agree.

Lastly, the board discussed the voluntary closure of the Training via E-Learning Alternative Certification Program (TEACH) ACP. During a January 2020 status check of EPPs operating under agreed orders, TEA found that the TEACH program violated the agreed operating conditions by admitting students when the program was not allowed to do so. Upon notification of the violation, TEACH opted to voluntarily close in lieu of revocation.

Other housekeeping matters:

SBEC member Carlos Villagrana notified the board today that he is transitioning away from his role with Teaching Excellence, which is Yes Prep charter school’s alternative certification program. Because of this, he will not be able to remain a member of SBEC. Another EPP-oriented position on the board that is meant for a dean of a college of education has been vacant for a year. Both positions must be filled by governor’s appointments.

The board did not take up any further discussion of changes to contract abandonment rules, a topic that had bounced around since last fall through several meetings. The previously proposed changes to contract abandonment rules were meant to mitigate situations in which teachers relied on reasonable beliefs that their resignations had been accepted by someone in their districts with authority to do so. However, some teachers were mistaken and subsequently faced contract abandonment consequences. Administrators opposed the changes and the board ultimately reached a near-consensus at its February meeting that no action should be taken.

TEA postponed an update on the EdTPA performance assessment pilot until the July SBEC meeting.

Future meetings:

The upcoming SBEC meeting dates for 2020 are:

  • July 24, 2020
  • Oct. 9, 2020
  • Dec. 11, 2020

ATPE continues advocacy for Master Teacher fix

While it is not uncommon for Texas teaching certificates to come and go as they keep up with the needs of an evolving education system, the legislature’s abrupt decision in 2019 to eliminate prestigious Master Teacher certificates caught many by surprise. To address this issue, ATPE’s lobbyists have been working diligently with state leaders and officials to ensure that the expertise and value of Master Teacher certificate holders is upheld.

Under House Bill (HB) 3 passed by the 86th Texas legislature in 2019, Master Teacher certificates can no longer be issued or renewed, effective September 1, 2019. The bill also repealed the authorizing statutes for those Master Teacher certificates, which were offered in Reading, Mathematics, Science, and Technology, essentially wiping them from existence. Master Teacher certificate holders will now find their certificates marked with a “legacy” notation, as designated by the State Board for Educator Certification (SBEC).

This change has left many of our state’s nearly 5,000 Master Teachers perplexed as to the status of their certificates and their teaching assignment prospects. Once their Master Teacher certificate expires, will they be able to continue teaching in their current position? Take the popular Master Reading Teacher certificate as an example (82% of Master Teachers hold this certificate). First issued in 2001, this certificate was designed for those who wanted to go above and beyond – only obtainable by educators who had already been teaching on a standard certificate. Because the certificate is EC-12, in some cases it allows an educator to obtain a teaching assignment for which they wouldn’t otherwise be eligible if they held only their underlying standard certificate. Teachers in this situation who want to maintain their current assignments must either pay to take a test for earning an appropriate credential, request permission to remain in their assignment on an expired certificate, or find another job.

ATPE Lobbyist Andrea Chevalier testifies before SBEC, Dec. 6, 2019

ATPE has been working with SBEC, the Texas Education Agency (TEA), members of the legislature, and state leaders to remedy this issue for several months. ATPE Lobbyist Andrea Chevalier submitted written testimony at an SBEC meeting on October 4, 2019, written and oral testimony at the December 6, 2019 SBEC meeting, and written and oral testimony at the February 21, 2020 SBEC meeting. ATPE also submitted public comments on the rule review of Chapter 239, Student Services Certificates, which is where the original Master Teacher certificates were housed in the Texas Administrative Code.

These efforts have led to important developments, including a letter of intent being shared by House Public Education Committee chairman and HB 3 author Dan Huberty (R-Kingwood) and a decision to add a discussion item to the agenda for an upcoming SBEC meeting on May 1, 2020, aimed at finding solutions to the Master Teacher issue. (The May 1 SBEC meeting starts at 8:30 a.m. and will be broadcast here. ATPE will also provide updates on the meeting here on our Teach the Vote blog.)

In unexpectedly dramatic fashion, Chairman Huberty’s letter in response to ATPE’s advocacy was delivered into SBEC members’ hands as ATPE Lobbyist Andrea Chevalier was delivering her testimony on the Master Teachers issue during the February SBEC meeting. The letter stated that the intent of the elimination of the Master Teacher certificates was to avoid naming confusion with the newly created “master teacher” designations under the state’s new Teacher Incentive Allotment, also included in HB 3.

“Our intent was never to abandon the expertise of these highly trained educators,” Huberty wrote in the letter. “Holders of legacy master teacher certificates should be entitled to maintain their existing assignments without interruption, additional cost, or the need to seek additional certifications.”

Responding to the requests from ATPE and the letter from Chairman Huberty, SBEC members voted to create a separate agenda item for the May SBEC meeting to discuss options for Master Teacher certificate holders. ATPE has also sent a letter letter to Gov. Greg Abbott expressing our appreciation for his interest in the issue.

Master Teacher certificate holders underwent time-intensive, rigorous, and often costly educator preparation programs in order to receive this extra credential. Their roles are content-specific and include teacher mentoring duties as they support the other professionals on their campus. Master Teachers are also highly educated, with 67% having either a master’s or doctorate degree. In many cases, the Master Teacher certificates (especially the Master Reading Teacher certificate) are highly prized, and at least in the early days of the certificate, were accompanied by stipends. Furthermore, Master Reading Teachers’ focus on literacy is crucial to the reading success of the state and is directly related to many of the aims of HB 3.

As this issue progresses, ATPE will continue to work carefully to preserve the hard work and expertise of Master Teacher certificate holders and share updates here on our advocacy blog.

State comptroller says Texas is in a recession

In an interview Tuesday morning, April 7, 2020, with Texas Tribune Executive Editor Ross Ramsey, Texas Comptroller Glenn Hegar repeated a statement he had already made to legislators in private last month regarding the combined economic impact of the COVID-19 pandemic and plummeting oil prices.

“I know that we are unfortunately in a recession,” said Hegar, whose office oversees the state’s finances. “I just don’t know how deep or how wide it’s going to be.”

The comptroller’s certification revenue estimate in October 2019 projected that the state would end the current budget cycle with a balance of $2.9 billion in general revenue and $9.3 billion in the state’s economic stabilization fund (ESF), which is often referred to as the “rainy day fund.” Hegar said he plans to release a revised revenue estimate in July, which he predicts will be several billions dollars less. Many are questioning just how much of a toll the double-whammy of a pandemic and an oil price war will take on the state’s budget — especially after legislators significantly increased public education funding under House Bill (HB) 3 in 2019.

Hegar said Tuesday the state is expected to have enough cash flow to meet its obligations through the end of the current budget, which runs through August 31, 2021. While contributions to the ESF are expected to decrease as a result of declining oil and gas revenues, the comptroller’s office is still projecting a balance of $8.5 billion in the fund by the end of the current budget cycle.

Altogether, Hegar said he does not believe legislators will need to be called into a special session this year to shore up the current budget, but he added that the start of the next legislative session in January 2021 will be quickly upon us. Next session, legislators anticipate facing the daunting task of funding state priorities over the next budget cycle with significantly less money available.

The reason less money will be available has to do with how Texas government is funded. Since Texas does not have an income tax, sales and use taxes account for 57% of state revenue. Local governments are funded by a combination of sales and property taxes. When places like bars, restaurants, and stores make less money, they send in less sales tax revenue. Surging unemployment has the same effect on sales taxes by depressing consumer spending, as well as inhibiting people’s ability to keep up with their property taxes.

All this is happening at the same time the demand for government services such as unemployment, healthcare, and food assistance is increasing. The result is an unprecedented strain on government at every level, yet Hegar noted that state agencies should look for ways to cut spending.

The comptroller’s office is currently working off of sales tax revenue reports released in March detailing economic activity that happened in February, which was before social distancing was enforced. April sales tax numbers will provide a better look at the economic impact of business closures and downsizing, but that report won’t be available until the end of May. Hegar is waiting on those numbers to give a better estimate of the impact on the state budget in the planned revised revenue estimate this summer.

So what does this all mean for public education? It’s still unclear. Hegar noted Tuesday that  education and health and human services make up the two largest components of the state budget. Hegar noted that state leaders will likely begin discussing ways to cut agency spending during the current budget cycle, but he suggested that areas like the Foundation School Program (FSP) and Medicaid should be exempted from cuts this year. The FSP is the finance formula that flows funding for public education to local schools.

The state is also awaiting federal coronavirus aid recently passed by Congress, which will send billions of dollars to schools across the nation. Future federal aid packages are likely to have an additional impact on the state budget going into next session. There are already talks coming out of Washington about a fourth coronavirus stimulus bill that could provide as much as one trillion dollars in additional aid.

The one phrase Hegar repeated multiple times throughout this morning’s 45-minute interview was “managing expectations.” The comptroller was clear that the state is in the midst of a recession driven largely by the COVID-19 outbreak and aggravated by the oil price war. We still don’t know how many billions of dollars this will drain from the state’s budget going forward, but it will be significant. We’ll have a better look when the comptroller releases his revised estimate in July.

You can watch the full Texas Tribune interview with Texas Comptroller Glenn Hegar here.