Tag Archives: HB 3

SBOE Update: Board seeks more authority over charter expansion, ATPE advances Master Teacher rule fix

The State Board of Education (SBOE) is meeting this week for the last time this calendar year. ATPE Lobbyist Mark Wiggins has been attending the virtual meetings and reporting on them here on our ATPE advocacy blog. Here are the latest developments:

Wednesday highlights:

On Wednesday, November 18, the board began its day with a presentation by Commissioner of Education Mike Morath. Read more about the discussion between the board members and commissioner in this blog post from yesterday. Also on Wednesday, the board debated its legislative recommendations for 2021, and set the Permanent School Fund (PSF) distribution rate for the next two-year state budget.

The board held a preliminary vote to set a distribution rate of 4.18% from the PSF for the 2022-23 budget biennium, directing $1.17 billion per fiscal year and $3.34 billion for the biennium to fund public schools. Member Tom Maynard (R-Florence), who chairs the board’s Committee on School Finance/PSF, noted that the Legislature will ask the board to contribute as much as possible due to the financial strain on the state caused by the recession. In response to questions about why the board can’t contribute more than it does, Maynard explained that the nature of endowments is that they are limited in how much they can distribute while protecting the corpus and maintaining growth of the fund.

TEA staff updated the board on the results of the SBOE’s legislative recommendations for the previous session in 2019. Among the items included in the board’s recommendations last session were changes to PSF governance to address conflicts between the SBOE and the School Land Board (SLB), which manages the fund’s real estate assets and is housed within the General Land Office (GLO). The 86th Texas Legislature passed legislation in 2019 designed to mitigate those conflicts and requiring the two boards to meet together at least once a year.

SBOE Chair Keven Ellis presides over the November meeting.

The board then considered its legislative recommendations for the upcoming 2021 legislative session, beginning with readopting recommendations that had not been addressed in 2019. The recommendations comprise legislation the board would like to support.

The board approved a legislative recommendation introduced by Member Georgina Perez (D-El Paso) to expand the SBOE’s authority to approve or reject charter school expansion amendments. The board currently has veto authority over the approval of new charter chains, but no authority over the expansion to additional campuses once a charter chain is approved. The commissioner is the sole authority who decides whether charter chains can open additional campuses; the current commissioner has allowed charter chains, including those with failing accountability ratings, to expand exponentially. The SBOE did not approve a recommendation, however, calling for a moratorium on new charter chains.

Perez also proposed a recommendation on reducing the number of high-stakes tests to only those that are required under federal law, as well as removing A-F grades used in the state’s accountability system for schools. ATPE has advocated for removing harmful labels from the accountability system that oversimplify educational factors and only serve to stigmatize schools and communities. Unfortunately, the SBOE did not adopt this recommendation today.

The board also did not approve a number of recommendations Perez proposed that explicitly expressed support for protecting the health and safety of educators and students by granting local districts the flexibility to make determinations about educational delivery, as well as requiring that local educators and parents have meaningful input into reopening decisions.

Members then resumed discussion on curriculum standards (TEKS) up for final adoption at this month’s meeting. The board will vote on the revised TEKS for health, physical education, and science during their Friday meeting.

Thursday highlights:

The board divided into its three standing committees Thursday morning, with the School Initiatives, Instruction, and School Finance/PSF Committees holding separate hearings.

ATPE Lobbyist Mark Wiggins testifies before the SBOE Committee on School Initiatives.

ATPE Lobbyist Mark Wiggins testified before the Committee on School Initiatives Thursday morning in support of a new administrative rule that will allow Legacy Master Teachers to retain their certificates without expiration. ATPE’s Governmental Relations team approached Texas Education Agency (TEA) staff in the summer of 2019 with concerns raised by Legacy Master Teachers whose certificates were scheduled to expire as a result of language in House Bill (HB) 3. ATPE worked with agency staff and other stakeholders to develop a solution that would allow Legacy Master Teachers, including Legacy Master Reading Teachers, to continue teaching in their current positions. The State Board for Educator Certification (SBEC) approved the final rule in October of 2020.

By law, all rules passed by SBEC must be reviewed by SBOE, which holds veto authority that is rarely executed. Wiggins thanked TEA staff, SBEC members, and House Public Education Committee Chairman Rep. Dan Huberty (R-Kingwood) for their work to ensure that the expertise of Legacy Master Teachers remains in the classroom. After Wiggins’s testimony, the committee advanced the rule to the full board with a favorable recommendation. The rule will go into effect pending a favorable review by the full SBOE on Friday.

Senate Education Committee discusses virtual schools, special education, and COVID-19

The Senate Education Committee met Friday, November 13, at the Texas Capitol to discuss an agenda including digital learning, special education, House Bill (HB) 3, and state assessments. Like the committee’s last interim hearing, senators met in person and sat separated by clear plexiglass dividers. The committee only accepted invited testimony, which was delivered virtually.

Most of Friday’s witnesses were school superintendents who testified about their various experiences with virtual learning. The brunt of the testimony was geared toward expanding virtual schools, which ATPE has long cautioned against. Research has consistently found that full-time virtual schools are a poor substitute for in-person instruction. ATPE submitted testimony to the committee warning that although educators have adapted to virtual learning for now in order to protect public health, it is unwise to expand full-time virtual schools on a permanent basis. ATPE recognizes that the pandemic has necessitated widespread virtual instruction this year in the short term, but it will be important in the long run for students to resume in-person instruction as soon as it is safe in order to minimize learning loss.

Texas Education Commissioner Mike Morath presented the committee with an update on the implementation of HB 3, the school finance bill legislators passed in 2019. According to the Texas Education Agency (TEA), HB 3 added $4.9 billion in state funds while decreasing local funding by $2.2 billion in Fiscal Year 2020, for a net increase in total funding of $2.7 billion.

Thus far, 26 school districts are part of the first cohort of the Teacher Incentive Allotment (TIA), which is the performance pay program established under HB 3. Through the September settle-up process, TEA reported distributing $40 million to districts on the behalf of 3,650 teachers participating in that program. A handful of superintendents testified regarding implementation of the program. The bill also established a Teacher Mentor Program Allotment (TMPA), which had 67 districts approved as of August to provide stipends for mentor teachers in the 2020-21 school year.

The agency is also charged with tracking the unintended consequences of HB 3. Morath said one item for consideration by lawmakers next session is a quirk in the funding formulas whereby a district with 700 or fewer students may paradoxically lose net funding when adding CTE students who should qualify for additional funding.

Josh Sanderson from the Equity Center urged the state to use any additional federal stimulus money to ensure districts receive their anticipated funding. Sanderson pointed out that districts need consistent, reliable funding and face additional unanticipated costs as a result of COVID-19, including an increased need for transportation services. ATPE’s testimony urged the state to fully fund the commitments made under HB 3, including protecting gains to school funding and educator compensation.

The committee also heard updates on the implementation of HB 3906, which made significant changes to STAAR implementation. Most notably, the bill required TEA to transition to fully electronic administration of the STAAR by the 2022-23 school year. The agency is scheduled to report on its progress toward this objective at next week’s State Board of Education (SBOE) meeting. Sen. Beverly Powell (D-Burleson) cautioned that online testing could disadvantage students who are less comfortable with technology or have learning disabilities. A number of school administrators asked the committee to extend the timeline for the transition. ATPE’s testimony recommended that the state waive STAAR administration for the 2020-21 school year.

COVID-19 was another topic discussed in the hearing. TEA touted its response to the pandemic, including its extension of funding flexibility for remote instruction, providing personal protective equipment (PPE) to districts, and launching Operation Connectivity to provide technology and internet access to underserved areas. Morath suggested that determining how remote instruction will be funded in the long term will be a challenge for the legislature.

Morath also highlighted the challenge of tackling learning loss as a result of the disruption to the educational environment due to COVID-19. ATPE has consistently pointed out that this need for remediation should serve as a warning to those looking to expand full-time virtual schools outside of a pandemic setting. In written testimony, ATPE highlighted the resolutions ATPE members passed during the 2020 ATPE Summit urging the state to prioritize the health of educators and students.

Special education was the final topic of the day. TEA staff testified that the state has increased special education spending by 27% over the past four years. A 2016 investigation found that Texas had under-identified students who are eligible for special education services, and the U.S. Department of Education notified TEA in 2018 that it had violated federal law in doing so. According to TEA, special education enrollment went from 8.7 percent in the 2015-16 school year to 10.7% in the 2019-20 school year.

The Texas Council of Administrators of Special Education (TCASE) testified that Texas must change the way special education services are funded so as to correspond to the costs of specific services provided. Disability Rights Texas noted that schools have lost contact with many students in special education over the course of the pandemic and echoed the need for special education funding reform.

Today’s hearing is expected to be the last for the Senate Education Committee before the legislative session begins January 12, 2021.

Teach the Vote’s Week in Review: Oct. 30, 2020

From ATPE Governmental Relations, here are this week’s spooky news highlights in the education world:


ELECTION UPDATE: Early voting ends today, October 30, and Election Day is Tuesday, November 3. As our three-week early voting period comes to a close, Texas continues to break turnout records and is now considered a “toss-up” for which presidential candidate will win the Lone Star state. Read more election news in this week’s Texas election roundup blog post from ATPE Lobbyist Mark Wiggins.

***IMPORTANT: If you requested a mail-in ballot, you may deposit your ballot at your county’s designated drop-off location by Election Day, November 3. With concerns about mail delays and the possibility of mailed ballots not being counted if they arrive too late, your best option is to drop off your ballot or vote in person. If you received a mail-in ballot but decide to vote in person, you must surrender your mail-in ballot at the polling place or risk being stuck with a provisional ballot that may not be counted.

Please continue to post your “I Voted” selfies on social media. Let us know why voting is important to you by sharing your own photo or video on social media using #WhyIVoteTXEd and tag @OfficialATPE and @Teach the Vote. Find additional voting tips here, and don’t forget to check out our candidate profiles here on Teach the Vote.


CORONAVIRUS UPDATE: After piloting rapid testing in several school systems for two weeks, the Texas Education Agency (TEA) and the Texas Department of Emergency Management (TDEM) announced this week that supplies and resources for COVID-19 testing will be expanded statewide to public and private school systems that opt in and meet certain requirements. To be eligible, the school system must provide in-person instruction to all students whose families request it within the next two weeks. The amount of supplies provided will depend on the COVID-19 conditions in the surrounding area and the population of the school system. Read more about the project here.

Since last week, updates to the Texas Public Schools COVID-19 dashboard show an increase in the number of positive cases reported for the week ending in October 18 for both students and staff. Previously, the data for the week ending in October 18 showed a decline, but new numbers from districts have since been added. The updated data show that between the weeks ending October 11 and October 18, the number of positive cases rose by 7.3% among students and 8.2% among staff. Positive test results are only included for students and staff who participate in on-campus instruction and activities. TEA has indicated that viral spread almost always occurs outside of the school.

Check out ATPE’s frequently updated COVID-19 FAQs and Resources for answers to common questions asked by educators. Here are some additional ATPE resources related to the pandemic:

  • Hear tips to manage pandemic anxiety in this ATPE-hosted webinar with therapist Kathryn Gates, available on demand.
  • Get answers to legal questions about COVID-19 and earn CPE by watching ATPE’s other webcasts on demand through our professional learning portal.
  • Use ATPE’s Advocacy Central website, exclusively for our members, to share your coronavirus-related concerns with state officials, including the governor and commissioner of education. Write your own message or customize one of the sample messages provided for you on the site.
  • Take a look at the public resources available in our Parent-Teacher Toolkit.

FEDERAL UPDATE: This week the two top members of the U.S. House Ways and Means Committee filed a major bipartisan bill aimed at helping Americans save more for retirement. Unfortunately, the “Securing a Strong Retirement Act of 2020” authored by U.S. Congressmen Richard Neal (D–Mass.) and Kevin Brady (R –TX) contains no provision to address the Windfall Elimination Provision that reduces many public employees’ Social Security benefits. Read more about the new bill in this blog post from ATPE Senior Lobbyist Monty Exter.


ATPE and 19 other pro-public education organizations sent feedback to TEA recommending 37 changes to the charter school application process to increase fairness, rigor, and transparency. Among the top recommendations were to have charter applicants include a zip code where the charter plans to locate, and to limit the charter approval process to once every two years in order to sync up with the legislative session and state budget. Read more about the recommendations in this blog post by ATPE Senior Lobbyist Monty Exter.


Governor Greg Abbott and TEA released a new 2019-20 compensation report this week showing the pay increases many teachers, counselors, librarians, and nurses received as a result of last session’s House Bill 3. Across the state, teachers with 0-5 years of experience received an average raise of $3,839, and teachers with more than 5 years of experience received an average raise of $5,215. Read more about the report in this blog post from ATPE Lobbyist Andrea Chevalier.


Happy Halloween from the ATPE lobby team! It’s been a scary year, and even though this year’s festivities may not be quite the same as in the past, we hope you can still enjoy a few spooky-themed classroom activities and seeing your students and colleagues in fun costumes. We wish you a not-so-scary weekend filled with candy, classic Halloween movies, and pleasant fall weather.

State issues report on educator compensation increases under HB 3

Texas Governor Greg Abbott and the Texas Education Agency (TEA) released a new 2019-20 compensation report this week showing the pay increases teachers, counselors, librarians, and nurses received as a result of last session’s House Bill (HB) 3.

HB 3, authored in 2019 by Rep. Dan Huberty (R-Kingwood), increased the funding for public schools through a variety of provisions, such as raising the Basic Allotment and increasing the state’s Minimum Salary Schedule (MSS). The bill required that at least 30% of a district’s funding increase go toward improving compensation, with 75% of that amount dedicated to raising the salaries of teachers, counselors, librarians, and nurses, prioritizing those with more than five years of experience.

HB 3 also increased the formulas used to calculate the MSS. While this change has not been talked about as much, it was for many educators as big, or even bigger, a driver of any compensation increase they saw as a result of the bill. Increases to the MSS also shifted some of the state’s costs associated with payroll, freeing up additional dollars in all districts that could be spent on compensation increases. It is not yet clear based on the information released in this week’s new report how much each of these provisions of HB 3 contributed to the overall increases in teacher compensation.

Across the state, teachers with 0-5 years of experience received an average raise of $3,839, and teachers with more than five years of experience received an average raise of $5,215. The report indicates higher average raises in rural regions and in smaller districts across the state.

Read the governor’s press release here and find individual district compensation data here. A more detailed analysis of the compensation increases will be forthcoming here on Teach the Vote.

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.