Tag Archives: House Public Education Committee (HPE)

ATPE submits interim testimony to House committees on COVID-19, school funding, and more

As we have been reporting here on Teach the Vote, several Texas legislative committees have solicited written feedback from stakeholders this year in lieu of taking public testimony at in-person hearings this year. House and Senate committees have been tasked by Speaker Dennis Bonnen and Lt. Gov. Dan Patrick, respectively, with studying interim charges on a host of issues and offering recommendations to the 87th Texas Legislature that will convene in January 2021.

The House Public Education Committee recently issued formal requests for information on a handful of its interim charges. Today ATPE submitted the following responses, sharing our members’ feedback on these issues:

  • Interim Charge 1[A] asks the committee to monitor implementation of House Bill (HB) 3, the comprehensive school finance bill passed in 2019 that resulted in compensation increases for many teachers. In response to this charge, the committee is focusing specifically on “pay raises districts have provided to staff and the various approaches adopted to differentiate these salary increases according to experience.” ATPE’s submission highlights the importance of elevating educators’ pay as a means of raising the prestige of the profession. We are recommending that lawmakers ensure funding is in place to maintain educator salary increases under HB 3 and encourage districts to distribute any additional funding in the form of permanent raises. ATPE also shares our feedback on ongoing implementation of the bill’s merit pay program known as the Teacher Incentive Allotment.
  • With Interim Charge 1[B], the committee seeks feedback on school accountability, assessment, interventions, and school district-charter partnerships. ATPE’s submission includes general observations about the state’s A-F accountability rating system and various bills passed in recent years that have affected student testing and the manner in which school districts and campuses are rated. We highlight our concerns about the use of data derived from the State of Texas Assessments of Academic Readiness (STAAR) and other tests during the 2020-21 school year while the COVID-19 pandemic continues to disrupt the educational environment.
  • Interim Charges 1[C], 1[D], 1[E], and 1[F] all sought input on school safety and mental health initiatives spurred by legislation in recent years. ATPE submitted feedback on these charges emphasizing the heightened importance of health and safety measures being prioritized amid the pandemic, the need for continued funding of these initiatives, the vital role of school counselors and other mental health professionals employed in public schools, and the recommendation that classroom teachers be involved in task forces that are studying mental health issues for students.
  • The committee solicited information about digital learning with its Interim Charge 2. ATPE’s response answers the committee’s questions about barriers to providing a digital learning environment for all students and determining where gaps exist in internet coverage.
  • The committee also sought information for an interim study of COVID-19. ATPE’s submission for this interim charge addresses very specific question posed by the committee: “Are Texas public schools ensuring the health and safety of students, faculty, and staff during the 2020 Fall Semester? ATPE shares insights gleaned from a member survey we conducted last week through the Advocacy Central section of our website on this topic, along with concerns we have heard from educators dealing with the pandemic. Safety protocols, workload impacts, educator retention, and the difficulty of adhering to rigid high-stakes testing requirements amid the pandemic are some of the concerns highlighted in our written input.

The House Appropriations Committee similarly solicited written input from stakeholders regarding its interim charges. ATPE submitted comments today to the Appropriations Subcommittee on Article III, which oversees the state budget for public education. Our input focused on the costs of implementing HB 3 and areas where the state could save money during the COVID-19 pandemic, including halting charter expansions and pursuing a second-year waiver of federal testing and accountability requirements.

Teach the Vote’s Week in Review: Aug. 21, 2020

For many of you, it’s the end of back-to-school week. While this week may not have been normal or ideal, we know the bumpy road ahead will be navigated by the best experts in the land – educators! Read this week’s education news from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: The Texas Education Agency (TEA) made news this week with a long-awaited announcement yesterday that there will be some data collection and reporting on COVID-19 cases in schools. TEA also updated its COVID-19 resource page to include guidance (also long-awaited) on promoting educator well-being. Read ATPE Senior Lobbyist Monty Exter’s blog post on these developments for more detail.

This week, ATPE hosted its second free legal webcast on COVID-19 issues facing school employees. In the presentation ATPE Managing Attorney Paul Tapp gives an overview of available accommodations under the Americans with Disabilities Act, paid and unpaid leave options, and more. Find the latest webcast here. To watch our first legal webinar on educators’ rights and COVID-19, click here.

As always, we encourage you to check out ATPE’s comprehensive COVID-19 FAQs and Resources page for recent answers to common questions from educators and links to other helpful information. Also read ATPE’s tips on getting ready for the new school year here on the main ATPE blog. ATPE members can also use Advocacy Central to communicate with their elected officials regarding concerns about school reopening and other issues. Finally, we invite both educators and parents to take our survey on parent-teacher collaboration.


ELECTION UPDATE: U.S. Postmaster General Louis DeJoy announced this week that policy changes to the U.S. Postal Service will not be implemented before the November election. The Democratic National Convention also took place this week, resulting in the final nomination of Joe Biden and Kamala Harris to the November presidential ticket. The Republican National Convention takes place next week. Read more about these developments in this blog post by ATPE Lobbyist Mark Wiggins.


Public comment is now open on proposed State Board for Educator Certification rules that will provide a fix for Master Teacher certificate holders who are facing the expiration of their certificate, potentially putting their teaching assignments in jeopardy. The proposed rules would eliminate the expiration date on non-renewable “Legacy Master Teacher” certificates. Read more about the issue and ATPE’s months-long advocacy efforts on behalf of master teachers in this blog post by ATPE Lobbyist Andrea Chevalier.


The Texas House Public Education Committee posted five formal requests for information this week. Several House committees are issuing the public requests for information in lieu of holding in-person hearings on their interim charges. Anyone can submit information, due by September 30. Get more detail on the requests in this blog post by ATPE Lobbyist Andrea Chevalier.


On Tuesday, our country observed the 100th anniversary of the ratification of the 19th Amendment to the Constitution, securing women’s right to vote. Read more about the history of the amendment and the role teachers played in its passage in this blog post from ATPE Lobbyist Andrea Chevalier.


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.

Teach the Vote’s Week in Review: Feb. 21, 2020

It’s the first week of early voting in Texas! Whether you’ve already voted or are making your plan to vote by March 3, stay up-to-date on the latest education news from the ATPE Governmental Relations team.


ELECTION UPDATE: Early voting for the 2020 Texas primary election started this week on February 18, which was also Educator Voting Day. Many counties saw record numbers of voters at the polls on Tuesday. The early voting period ends February 28 and Texas’s primary elections on “Super Tuesday” will be March 3, 2020. If you haven’t made it out to the polls yet, be sure to get the scoop on voting procedures and reminders! (Doesn’t that make you want ice-cream?) Also, check out the latest “Texas election roundup” blog post from ATPE Lobbyist Mark Wiggins here.

Why vote in the primaries? ATPE’s lobbyists explained why it’s so important in this “Primary Colors” blog series for Teach the Vote. In many cases, the winning candidate is chosen in the primary rather than in the November general election, as ATPE Governmental Relations Director Jennifer Mitchell described in Part I of the series (with a list of affected races). In  Part II of “Primary Colors,” ATPE Lobbyist Mark Wiggins explains that for educators who face imminent attacks, it is imperative to show up at the polls and make informed choices so that the next legislative session is as positive as our last.

Read up on the people running for the Texas Legislature or State Board of Education this year by viewing their candidate profiles on Teach the Vote, which include responses to the ATPE Candidate Survey. ATPE does not endorse candidates and invites all candidates to participate in our survey project for Teach the Vote. If your favorite candidate has not answered our survey, please let them know it’s not too late! Encourage them to contact ATPE Governmental Relations for additional details.

 

  • Watch this instructional video to learn the different ways you can search for candidate information using Teach the Vote.
  • Learn about the non-binding ballot propositions proposed by the state Democratic and Republican parties that will appear on the primary ballot. These measures don’t affect the law, but they help state party leaders learn more about their voters’ opinions on key issues. Check out this Teach the Vote blog post for more information.
  • Read all the fantastic election features in our latest issue of ATPE News for Spring 2020.
  • Use Vote411.org to build a customized ballot that you can print out and take with you to the polls.
  • Visit TexasEducatorsVote.com to find additional election-related resources created for educators.
  • Find additional election reminders and tips on ATPE’s main blog at atpe.org.

This week, Senator Kirk Watson (D-Austin) announced his plans to resign from the Texas Senate in order to become dean of the University of Houston’s new Hobby School of Public Affairs. Watson has served in the state legislature since being elected to office in 2006, and he was a key member of the Senate Education Committee during the 2019 legislative session. Senator Watson served as mayor of Austin before setting his sights on the legislature. The race to succeed Watson could draw a number of high-profile contenders from the Austin area. State Reps. Donna Howard (D-Austin) and Celia Israel (D-Austin) each indicated this week they are not interested in running for the seat, which is in an overwhelmingly Democratic district. Gov. Greg Abbott will be required to call a special election in order to fill the Senate District 14 vacancy, which could be held on the uniform election dates in May or November of this year.


Two polls of note were released this week that show voter support for public education. A University of Texas/Texas Tribune poll found that Texas voters want increased spending for public education, and lower property taxes, and they believe the quality of Texas public education is excellent or good. Another statewide poll, commissioned by the education-focused non-profit Raise Your Hand Texas Foundation showed that 77% of Texans express trust and confidence in their teachers. Those polled also believe that teacher quality is extremely or very important in overall school quality, teachers are undervalued, teacher pay is too low, standardized tests may not be the best measure of student learning, and public schools have too little money.

These two new Texas polls are consistent with another recent national poll conducted by the National School Boards Action Center, (NSBAC) which we reported on last week. In the NSBAC poll, 64% of the respondents said funding for public schools should be increased, 73% were opposed to public spending on private, religious, and home schools, and 80% expressed favorable opinions of the teachers in their community.


ATPE Lobbyist Andrea Chevalier testified at the Feb. 21, 2020, SBEC meeting.

The State Board for Educator Certification (SBEC) met today in Austin for its first meeting of the year. ATPE Lobbyist Andrea Chevalier testified to urge the board to use its authority to remedy an unforeseen impact of House Bill (HB) 3 on former Master Teacher certificate holders. Under the bill’s repeal of the Master Teacher certificates, Master Teachers will no longer be able to renew their certificates and may face tricky situations trying to keep their current teaching assignments as a result. HB 3 author Rep. Dan Huberty also sent a letter to the board asking for their help in preserving the classroom expertise of Master Teachers.

Read complete details of the meeting in this comprehensive blog post from Chevalier.


The Teacher Retirement System (TRS) of Texas Board of Trustees also met this week in Austin, and ATPE Senior Lobbyist Monty Exter covered the meetings. Hot topics of discussion at the meetings on Thursday and Friday, February 20-21, 2020, included healthcare for active and retired educators and plans for relocating the TRS agency staff.

Read Exter’s latest blog post for Teach the Vote here for highlights of the meeting.


Breaking news: Texas House Speaker releases interim charges

Texas House Speaker Dennis Bonnen (R-Angleton) released the 86th Legislature’s interim committee charges for the House of Representatives today. Over the course of the next year, House committees will meet to discuss and hear from stakeholders on these issues, ultimately preparing a report before the start of the next legislative session. In the committee charges cover letter, the speaker also announces that he will create, “several Select Committees addressing issues of extraordinary interest and concern.” The ATPE Governmental Relations team will be monitoring the work of these committees.

ATPE’s lobbyists have reviewed the interim charges and will be following those that are of importance to our members and giving testimony when possible. In particular, the House Committee on Public Education will monitor legislation from the 2019 legislative session, including House Bill 3 and various accountability bills from this and previous sessions. Additionally, the committee will discuss digital learning options and the Virtual School Network, as well as looking broadly at monitoring and improving special education.

The House Committee on State Affairs has also been charged with studying “how governmental entities use public funds for political lobbying purposes.” ATPE will be monitoring the committee’s review of this topic, which was the subject of a major legislative battle last session and could impact how school districts participate in legislative advocacy efforts.

Stay informed with Teach the Vote as the House committees begin to work on their interim charges. Click here to read about the Senate’s interim charges that were released last month.

Teach the Vote’s Week in Review: Nov. 1, 2019

Happy Friday! Here are your highlights of this week’s education news from the ATPE Governmental Relations team:


ELECTION UPDATE: Today is the first day of November, but it’s your last day to vote early in the constitutional amendment election slated for Tuesday, Nov. 5, 2019.

ATPE is urging all educators to learn what’s on the ballot. (Since you’ll be turning back your clocks this weekend, you’ve got an extra hour to read up on the proposed amendments!) If you miss your chance to vote early today, be sure to go vote on Election Day next Tuesday.

ATPE Lobbyist Mark Wiggins has written an update today on a closely watched special legislative election that is also taking place on Tuesday. Additionally, ATPE Senior Lobbyist Monty Exter has written a post for our blog this week on how to build a culture of voting and get into the habit of voting in every election. Don’t miss your chance to shape the future of public education in Texas. Go vote!


The House Public Education Committee was in town this week for an interim hearing on the implementation of House Bill (HB) 3 and other recent legislation. Monday’s hearing featured invited testimony only, including a presentation by Commissioner of Education Mike Morath. Read more about the meeting in this blog post from ATPE Lobbyist Andrea Chevalier.


Members of the Texas State Senate received their homework assignments this week. Lt. Gov. Dan Patrick, who presides over the Senate, formally released the Senate’s interim charges on Wednesday, Oct. 30, 2019. The charges direct members of the Senate’s various committees to spend the rest of the legislative interim studying particular issues and making recommendations for any new legislation that might be needed in 2021 to address those issues. The interim charges related to public education include a range of topics including teacher recruitment, student discipline, and restricting educators’ political activities. Learn more about what’s in the Senate interim charges in this blog post from ATPE Lobbyist Mark Wiggins.


The Texas Education Agency (TEA) issued a formal report to the legislature this week about Houston ISD, the largest public school district in Texas. Following an investigation, TEA is recommending that  a board of managers be appointed to oversee the district in place of its current elected school board. The school district, meanwhile, has gone to court seeking injunctive relief to prevent Commissioner of Education Mike Morath from taking that action. The lengthy TEA report shared with lawmakers on Wednesday cites improper contracting procedures and violations of the state’s open meetings laws by HISD’s board of trustees. Learn more in this reporting from the Texas Tribune.


On Wednesday, Oct. 30, 2019, the Texas Senate Select Committee on Mass Violence Prevention and Community Safety met again to take testimony from experts and discuss two of its charges. The emphasis of this meeting was on the role of digital media, the dark web, and culture on violence and policy regarding the wearing of masks. Panelists and senators discussed how social media, video games, mental health, and juvenile justice policies have impacted violent occurrences and explored potential legislative actions. Watch the archived hearing here.


 

House Public Education Committee gets an update on accountability, school finance bills

House Public Education Committee interim hearing, Oct. 28, 2019.

The House Public Education Committee met on Monday, Oct. 28, to hear an update on legislation from the 85th and 86th legislative sessions and testimony from panels of invited witnesses.

The interim hearing began with an overview from Texas Commissioner of Education Mike Morath on public school accountability. Specifically, the committee heard about House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) passed by the 85th Texas Legislature in 2017. That bill shrank the accountability system from five to three domains. HB 22 also created a distinction between campus and district accountability “grades” of “D” and “F,” such that a rating of “D” would represent a “needs improvement” condition rather than a “failing” status. As the Texas Education Agency (TEA) has implemented HB 22, several problematic scenarios have emerged due to multiple interpretations of the law.

One such scenario pertaining to the timeline for accountability sanctions and interventions has left districts wondering where they stand and waiting for guidance in the form of commissioner’s rules or clarifying legislation next session. Specially, does a “D” rating break up a series of “F” ratings in a manner that would restart the clock for purposes of determining required interventions? Since HB 22 is slated to take full effect in the 2020-21 school year, legislators and TEA officials are facing pressure to find a solution, such as delaying the adoption of rules, for districts grappling with questions like these. Commissioner Morath told the committee on Monday that he will be reaching out to affected districts to try to provide guidance.

Due to issues like these, we can probably expect another accountability clean-up bill to be filed in the 2021 legislative session. The commissioner suggested two statutory changes that may help alleviate the problems. The first is to eliminate required interventions for failure in a domain grade, leaving mandatory interventions in place based on a district’s or campus’s overall grade. The second suggestion is to change the “D” rating so that it continues to advance the intervention clock but would not require school closure or the appointment of a Board of Managers unless performance falls to an “F” and no less than six years have elapsed.

Texas Commissioner of Education Mike Morath

Commissioner Morath also gave the committee an update on the local accountability system pilot, which allows school districts to use additional indicators that their communities find important. Nineteen districts participated in the 2017-18 pilot year and submitted pilot data. The commissioner identified three big challenges that districts faced when creating their systems: would the local accountability system produce 1) reliable results over time, 2) results that accurately measure a desired result, and 3) a reasonable accountability score that was “calibrated” with the state accountability system. The commissioner stated that these challenges were used as the criteria against which districts were rated in determining whether to approve their local accountability system.

Ultimately, only two districts, Dallas ISD and Snyder ISD, had their local accountability systems approved by the commissioner, which prompted committee members to raise concerns during Monday’s hearing. One superintendent who testified during the hearing stated that his district’s application was denied because, according to the TEA, the district had focused too much on “adult behavior” inputs that were not directly measured using student achievement data. The superintendent gave the example of using incentives to increase the use of AVID (Advancement Via Individual Determination) as part of its local accountability system proposal. ATPE has long advocated for including inputs in the accountability system, such as ensuring that students are taught by educators who are certified in the subjects and grade levels they are teaching. We believe that such measures are more directly controllable by districts and individual educators than other factors and typically lead to better student outcomes. During Monday’s committee meeting, a panel of school superintendents and other public education advocates also gave feedback on implementation of the state’s accountability system, similarly expressing a desire for the inclusion of inputs related to such “adult behaviors.” They also recommended enabling the state accountability system to be more nuanced to account for the correlation between poverty and student tests scores, and they advocated for delaying the adoption of commissioner’s rules until the HB 22 implementation issues can be cleared up with legislation in 2021.

The committee also received an update from the commissioner on the implementation of HB 3, the school finance overhaul bill passed during the 86th session of 2019. Commissioner Morath stated that there was a $635 average increase in per pupil funding as a result of the bill, and he plugged TEA’s “HB 3 in 30” video series, which offers in-depth explanations of various aspects of HB 3. Other updates were given to the committee on the following:

  • The STAAR readability study required by HB 3 is being conducted by the University of Texas at Austin. An initial report is due to the legislature by Dec. 1, 2019, and a second portion of the report is expected by Feb. 1, 2020. The commissioner told the committee that if the study concludes that changes to the test are needed, then those will be made.
  • The commissioner shared that TEA plans to collect data on pay raises resulting from HB 3 starting sometime near January 2020. A report to the legislature would then be expected by March 2020.
  • There has been a 56% growth in students receiving special education services over the past three years, which could reflect more students being identified as having dyslexia.
  • The committee discussed unintended funding consequences for fast-growth school districts and career and technical education (CTE) funding in small/mid-sized districts as a result of HB 3’s changes.

Another panel of public education advocates and practitioners gave feedback on the implementation of HB 3, telling the committee members that more clarity is needed on aspects of the legislation, such as its incentive pay program and related merit designations for teachers. Some panelists expressed concern about the sustainability and mechanisms of funding under the bill, such as outcomes-based funding in which money for one group of students is based on the performance of a previous group of students. As the rulemaking process for implementing HB 3 continues, ATPE will monitor TEA’s interpretation of these concerns.

At the end of Monday’s hearing, Chairman Huberty stated that he did not anticipate any more House Public Education Committee hearings this year. Stay tuned into our blog and keep up-to-date with legislative developments by following ATPE’s lobby team on Twitter via @TeachtheVote, @ATPE_JenniferM, @ATPE_MontyE, @ATPE_AndreaC, and @MarkWigginsTX.

Teach the Vote’s Week in Review: Oct. 25, 2019

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


ELECTION UPDATE: Early voting began this week for the Nov. 5 constitutional election. Voters statewide will be deciding whether or not to approve 10 proposed amendments to the Texas Constitution, as well as other local ballot measures. Voters in three House districts will also be electing a new state representative in a special election on the same day.

Early voting continues through Nov. 1. We at ATPE encourage all educators to vote in every election and take advantage of the convenience of early voting at any polling place in your area. Make a voting plan! Use the weekend to learn about what’s on your ballot, and then build and print a sample ballot to take with you to the polls. (Remember that cell phones aren’t allowed to be used in the voting booth!) For additional voting resources, visit TexasEducatorsVote.com.

In other election news, Texas House Speaker Dennis Bonnen (R-Angleton) announced this week that he will not seek re-election in 2020, paving the way for the election of a new speaker in 2021. ATPE Lobbyist Mark Wiggins reported on the announcement, which comes on the heels of a scandal involving a secret recording and allegations of bribery. Read more in this week’s election roundup post on Teach the Vote.


This week we wrapped up our blog series, “New School Year, New Laws,” in which ATPE Lobbyist Andrea Chevalier shared weekly highlights of many education bills passed by the Texas Legislature earlier this year. In the final installment this week, we’re looking at how school districts around the state are implementing the requirements under House Bill (HB) 3 to increase teacher compensation. Check out the compensation-related post here.

Next week, the House Public Education Committee will hold an interim hearing to examine the implementation of HB 3. The meeting on Monday, Oct. 28, 2019, will feature invited testimony only. Stay tuned to Teach the Vote next week and follow us on Twitter for dispatches from the hearing.


 

 

School finance and property tax reform bill signed into law

Gov. Abbott signs HB 3 into law at a ceremony at Parmer Lane Elementary in Pflugerville ISD, June 11, 2019.

Just before noon today, Gov. Greg Abbott signed House Bill (HB) 3 into law. The bill signing took place in front of a crowd of reporters at an elementary school in Pflugerville ISD. The governor was flanked by his fellow members of the “Big Three,” Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen (R-Angleton). Also up on stage were members of the House and Senate education and finance committees, the superintendents of San Antonio ISD and Longview ISD, and Texas Commissioner of Education Mike Morath.

The ceremony began with remarks from Gov. Abbott about the importance of this legislation in improving school finance and reducing property taxes, with emphasis on the success of the legislature in working together on a solution in the absence of a court order. Lt. Gov. Patrick, Speaker Bonnen, Senate Education Committee Chairman Larry Taylor (R-Friendswood), and the bill’s author, House Committee on Public Education Committee Chairman Dan Huberty (R-Houston), also spoke at the bill signing ceremony, giving thanks and praise for the efforts of those who collaborated on HB 3.

Notably, Speaker Bonnen thanked the people of Texas, for whom he said the school finance and reform bill had been passed. This remark is a testament to the power of educators and public education supporters across Texas who have made their voices known through voting and advocacy. As we watch the implementation of HB 3, some parts of which take effect immediately while others are delayed, ATPE will stay vigilant in ensuring the integrity of the promises made by our leaders. Stay tuned for more updates as implementation rolls out over the next several months. To learn more about what’s in the bill, check out our detailed HB 3 blog post here.

86th Legislative Session Highlights from ATPE

As the 86th Texas Legislature began its regular session in January 2019, it was dubbed the “session of the teacher” and was marked by abounding promises to fix school finance and provide pay raises to the most important in-school factor contributing to student success: our teachers. Indeed, this session’s legislation included several pro-public education proposals such as a multi-billion dollar school finance and property tax reform bill, efforts to provide an across-the-board teacher pay raise, school safety enhancements, and measures to shore up the Teacher Retirement System (TRS), while mostly avoiding troublesome and divisive topics such as payroll deduction and tactics to privatize education.

However, bills rarely reach the finish line in the same form as they started, while most others don’t make it at all. In fact, there were more than 10,000 bills and resolutions filed this session, but only 1,429 House and Senate bills were finally passed. As a reminder, bills that do finally pass the legislature are still subject to review by the governor. Gov. Greg Abbott vetoed three bills that were on ATPE’s tracking list. The governor vetoed House Bill (HB) 109 by Rep. Armando Martinez (D-Weslaco), which would have required charter schools to give students Memorial Day off as school districts are currently required to do, yet the bill exempted districts of innovation (DOI). Gov. Abbott explained in his veto statement that the bill would have exempted up to 859 school districts, and suggested the legislature draft more targeted legislation in the future. The governor vetoed HB 455 by Rep. Alma Allen (D-Houston), which would have required the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. Despite praising the bill’s good intentions, the governor called HB 455 “bureaucracy for bureaucracy’s sake.” Gov. Abbott also vetoed HB 3511 by Rep. Gary VanDeaver (R-New Boston), which would have created a “Commission on Texas Workforce of the Future.” The governor called the bill redundant and duplicative of work being done by the Tri-Agency Workforce Initiative, which involves the Texas Workforce Commission, TEA, and the Texas Higher Education Coordinating Board (THECB). 

To learn how education issues fared during the 2019 session that ended on Memorial Day, ATPE offers this comprehensive summary prepared by our lobbyists: Jennifer Mitchell, Monty Exter, Mark Wiggins, and Andrea Chevalier. You’ll also find within this post an update on the actions taken by the 86th Texas Legislature on ATPE’s legislative priorities for 2019.

Here’s a list of the topics covered in this post:


School Finance:

ATPE’s top legislative priority this year was improving Texas’s school finance system, and more specifically, supporting legislation to dramatically improve that system in order to provide every child access to an exemplary public education.

Gov. Greg Abbott (R) declared school finance reform to be one of his top priorities and an emergency item for early consideration by the 86th Legislature. Newly elected House Speaker Rep. Dennis Bonnen (R-Angleton) did his part to keep school funding on the minds of state representatives by providing them with cups reading, “School Finance Reform – The Time is Now.” While a handful of school finance bills were filed this session, House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) quickly became the session’s signature piece of legislation. HB 3 was a culmination of selected recommendations from last year’s Commission on Public School Finance that was created by the 85th legislature, as well as other input from education stakeholders such as ATPE.

ATPE supported the version of HB 3 that was approved by a vote of 148-1 in the House chamber. The House-approved bill called for providing billions of dollars to public schools; included important programmatic changes such as full-day pre-K and dyslexia and dual language funding; and it increased the basic allotment. Importantly, the bill as it left the House did not include merit pay provisions ranking teachers competitively or basing their compensation on their students’ performance; nor did the bill tie district funding to the results of student assessments like the STAAR. The Senate sponsor of HB 3, Sen. Larry Taylor (R-Friendswood), pushed forward a revised version of the bill in the upper chamber, which was approved by the Senate on a vote of 26-3 with two senators “present not voting.” As an updated version of the bill progressed through the Senate and ultimately reached a conference committee, ATPE continued to work to keep merit pay and other negative provisions out of the final bill.

State leaders announced on May 23, 2019, that a deal on HB 3 and other key legislation had been reached. Known as the Texas Plan, the final version of HB 3 as passed by the House and Senate now awaits the Governor’s signature as of our writing of this report. It is important to note that the final bill includes approximately $5.2 billion for property tax compression in addition to the $6.2 billion for school resources, and it reduces school districts’ vulnerability to recapture.

In its final form, HB 3 also makes a number of education policy changes that fall outside the scope of traditional school finance legislation, addressing such topics as the creation of a “do not hire” registry for educators who have been accused of misconduct and requiring teachers to demonstrate proficiency in the science of teaching reading. Fortunately, HB 3 as finally passed does not rank educators across or within districts and expressly prohibits compensation being tied to testing in local teacher designation systems. The bill also does not tie school funding to students’ third grade reading scores.

Read more about the major changes to school finance and education policy that are contained in HB 3 in this detailed ATPE blog post about the omnibus bill here on Teach the Vote.

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Educator Pay: 

Increasing educator compensation through plans that foster both retention and a robust workforce at every Texas public school was another ATPE legislative priority this session. We advocated for compensation plans that would allow for local flexibility, encourage educator input, involve factors more meaningful than students’ standardized test scores, and align with other efforts to promote and enhance the education profession.

Leading up to the November 2018 Texas elections and heading into this year’s legislative session, Lt Gov. Dan Patrick (R) made teacher pay a central tenet of his communications. During campaign messaging, he first promised educators a $10,000 pay raise before ultimately scaling back his plan to the $5,000 pay raise encapsulated in Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound).

SB 3’s first high-profile hearing by the Senate Finance Committee coincided with the timing of ATPE at the Capitol, our lobby day event held every legislative session, and several ATPE members testified at the hearing. The Senate quickly passed the more than $4 billion bill out of the upper chamber within the first 60 days of session, after Gov. Abbott declared teacher pay to be another emergency item this year. SB 3 as passed by the Senate called for across-the-board pay raises for classroom teachers and librarians.

However, SB 3 stalled in the House as the lower chamber grappled with its larger school finance bill, HB 3. For its part, House members proposed smaller, state-funded, across-the-board pay raises at the district level that would cover all public school employees except administrators in their version of HB 3. Later in the session. SB 3-style pay raise language momentarily regained life in the Senate’s version of HB 3, but did not make it into the final version of the school finance bill. Ultimately, the combination of legislators opposed to across-the-board raises and the prioritization of property tax compression by state leaders, including Lt. Gov. Patrick, doomed the proposal for a $5,000 across-the-board teacher pay raise.

While it does not guarantee an across-the-board, state-mandated pay raise, the final compromise version of HB 3 does contain two significant provisions on educator compensation. The first requires districts to spend 30 percent of the new revenue they receive under HB 3 on compensation. Seventy-five percent of that portion must be spent on teachers, counselors, librarians, and nurses; with a prioritization of spending the money to increase compensation for classroom teachers with more than five years of experience. Districts are not required to give to every employee within this category an increase. The remaining 25 percent of the compensation carve-out may be spent on compensating other full-time staff who are not administrators. Additionally, districts likely can choose to spend these dollars on benefits such as insurance premiums in lieu of salary hikes.

HB 3 also allows districts to assign their teachers performance designations and draw down additional state funding for compensation based on the combination of a teacher’s designation and the student demographics of the campus in which they teach. The additional funding ranges from $3,000 to $32,000, depending on a teacher’s designation and other factors, but the total amount of money budgeted by the state for this program is only $140 million for the biennium, meaning that it may end up being limited to only a handful of districts. Based on the wording of HB 3, state funding under this program will flow to the districts rather than directly the individual teachers who may earn the designations, allowing districts substantial discretion in how they spend the additional money.

For more information on the compensation provisions found in HB 3 as finally passed, view our blog post about the bill’s details here on Teach the Vote.

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Teacher Retirement System (TRS):

ATPE had two legislative priorities for this session that were connected to the Teacher Retirement System (TRS). Our first priority was preserving educators’ pension benefits, which have remained largely stagnant for several years as a result of the legislature’s failure to inject more money into the system. This year, ATPE actively supported legislative efforts to preserve both the solvency and the defined-benefit structure of the TRS pension program. We also teamed up with Equable, a national nonprofit organization that advocates for pension plan sustainability, to jointly promote legislation that would address the TRS funding shortfall.

ATPE’s other TRS-related legislative priority was funding educators’ healthcare needs. We aimed to help the state and school districts provide active and retired public educators with more affordable and accessible healthcare benefits. With healthcare costs on the rise nationally, active and retired educators alike have seen their medical costs eat up an increasingly larger percentage of their take home pay or TRS annuities.

Retired teachers can rest a little easier knowing that the passage of Sen. Joan Huffman’s (R-Houston) SB 12 (pending the Governor’s signature, of course) will provide a much needed increase in contributions to TRS, making the fund actuarially sound and ensuring that the primary retirement income for many Texas educators will be viable for decades to come. Read more on the details of changes made to TRS, including the provision of a 13th check for current retirees, in this ATPE blog post for Teach the Vote.

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School Safety and Student Health: 

One of the most sweeping bills the legislature passed this session was SB 11 by Sen. Larry Taylor (R-Friendswood), which was aimed at improving school safety in the aftermath of the 2018 deadly school shooting in Santa Fe, Texas. School safety and mental health were among the issues that Gov. Abbott declared as emergency items for the 86th legislative session, following round-table discussions his office held with stakeholders, including ATPE state officers, during the interim.

Although SB 11 and a related mental health bill, SB 10, took a meandering path through the session, legislators ultimately placed a specific focus on improving students’ mental health and assigning specialized teams at each campus to identify individuals who may pose a threat to themselves or others. The bill’s largest component sends $100 million to school districts over the next two years through a school safety allotment for use on facilities and security programs. Read the rest of what SB 11 does in this ATPE blog post for Teach the Vote.

Other school safety-related bills that were passed this session include HB 1387 by Rep. Cole Hefner (R-Mt. Pleasant), which removes caps on the number of school marshals who can serve a public or private school, and HB 2195 by Rep. Morgan Meyer (R-Dallas), which requires that a school district’s multihazard emergency operations plan include a policy on responding to an active shooter situation. Freshman Sen. Beverly Powell (D-Ft. Worth) also passed a bill that pertains to the information law enforcement officials are required to share with school districts when a student is arrested. Her SB 2135 helps superintendents and school boards work together with law enforcement  agencies to exchange information that can be used to conduct a threat assessment or prepare a safety plan related to a student who may pose a threat.

Another noteworthy bill that passed this session and could be directly attributed as a reaction to recent school shootings was HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). It sets forth protocols for the provision and use of bleeding kits in public schools, as well as training of students and staff to respond to traumatic injuries.

A couple of education-related bills were passed this session that aim to prevent or respond to the growing problem of child sex trafficking. HB 111 by Rep. Mary Gonzalez (D-Clint), calls for school district employees’ training to include recognizing the signs of sexual abuse and sex trafficking of children with significant cognitive disabilities. HB 403 by Rep. Senfronia Thompson (D-Houston) similarly requires superintendents and school board trustees to undergo training in identifying and reporting sexual abuse, human trafficking, and other maltreatment of children.

Lawmakers also approved bills this session that address students’ mental health, HB 18 by Rep. Four Price (R-Amarillo) is a bill that grew out of interim recommendations and strives to help school employees be aware of and provide interventions for students with mental health challenges, substance abuse, or a history of trauma. HB 19, also by Rep. Price, requires mental health professionals in each Education Service Center (ESC) region to provide training and resources to help address public school students’ mental health. Additionally, Rep. Todd Hunter’s (R-Corpus Christi) HCR 137 designates the month of September as Suicide Prevention Month for the next 10 years. Also, SB 435 by Sen. Jane Nelson (R-Flower Mound) requires local school health advisory councils to recommend appropriate opioid addiction and abuse curriculum that can be used by the school district.

Finally, there are some student health-related bills that passed and are worth mentioning. This session Rep. Dan Huberty (R-Kingwood) finally passed HB 76, a bill he has carried for several sessions aimed at providing student athletes access to cardiac assessments before they participate in certain activities sponsored by the University Interscholastic League (UIL). Rep. Travis Clardy (R-Nacogdoches) also passed HB 684 enabling school nurses and other trained public school employees to provide assistance to students with seizure disorders. Likewise, HB 2243 filed by physician and Rep. Tom Oliverson (R-Houston) aims to help school nurses administer asthma medication to certain students. SB 869 by Sen. Judith Zaffirini (D-Laredo) calls for an ad hoc committee to consult with the commissioner of education on updating guidelines for the care of students with food allergies who are at risk for anaphylaxis.

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Student Testing:

A handful of bills pertaining to student testing are on their way to the governor’s desk as of our writing of this report. Sen. Kel Seliger’s (R-Amarillo) bill to continue Individual Graduation Committees (IGCs), SB 213, has already been signed into law by Gov. Abbott. The ATPE-supported bill originally aimed to make the IGC law permanent, but its final version simply extends the sunset date for the law to September 1, 2023, making it ripe for consideration again during the 2021 or 2023 legislative session.

The largest testing bill that passed this session is HB 3906 by Rep. Dan Huberty (R-Kingwood), which makes a variety of changes to how state assessments are administered and the content of the tests. Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) changes the end-of-course exam for U.S. History to include 10 questions from the civics test used in the naturalization process; and HB 1891 by Rep. Lynn Stucky (R-Denton) will allow those who reach a required score on high school equivalency exams to be exempt from taking the Texas Success Initiative assessment.

Read more about these bills and others pertaining to testing in this ATPE blog post for Teach the Vote.

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Special Education:

During the interim, special education advocates worked diligently on the state’s Special Education Strategic Plan and Corrective Action Response, which was ordered by the U.S. Department of Education (ED) due to Texas’s artificial 8.5% cap on special education enrollment. Advocates also worked with the Texas Commission on Public School Finance last year, carrying legislators into the session with renewed energy for special education reforms.

To invigorate everyone even more, news broke just before session that our state faced penalties from ED due to the Texas Education Agency’s failure to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than in the year before, and thus, Texas was being assessed a $33.3 million financial penalty by ED. Unfortunately, the state has continued this trend, and it is now estimated that the federal penalty will reach $233 million.

Legislation passed this session hopes to address this issue going forward. The funding changes in the major school finance bill, HB 3, and under the state’s supplemental appropriations bill, SB 500 by Sen. Jane Nelson (R-Flower Mound), should help address Texas’s issue with maintenance of financial support. HB 3 raises the mainstream weight from 1.1 to 1.15; creates a new dyslexia weight of 0.1; and establishes a special education allotment advisory committee. SB 500, the supplemental budget, includes over $219 million to settle maintenance of financial support costs and prevent future penalties.

Other bills will impact special education beyond funding, such as HB 165 by Rep. Diego Bernal (D-San Antonio), which will allow students in special education programs to earn high school endorsements on their transcripts, and SB 139 by Sen. Jose Rodriguez (D-El Paso), which will provide parents with clearer notice on special education rights, including information related to evaluation and eligibility. Additionally, SB 522 by Sen. Judith Zaffirini (D-Laredo) improves the development of individualized education programs (IEPs) for students who are visually impaired, and SB 2075 by Sen. Angela Paxton (R-McKinney) aims to improve school districts’ compliance with dyslexia screening and parental notification.

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Payroll Deduction:

Protecting educators’ right to use payroll deduction for the voluntary payment of their professional association dues was another ATPE priority for 2019. In 2017, ATPE and other groups that represent public employees fought off vigorous, politically motivated efforts to repeal the payroll deduction statute, with the issue being named a top priority of Lt. Gov. Dan Patrick and even being added to Gov. Greg Abbott’s list of urgent issues that he felt necessitated a special session that summer. Those efforts failed last session, and ATPE was prepared to fight any similar legislative efforts this session.

Despite frequent pleas from far-right groups like Empower Texans and the Texas Public Policy Foundation to compel the 86th Texas Legislature to do something about the “union dues” issue, ATPE is pleased to report that not a single bill was filed this year aiming to eliminate payroll deduction for educators. There were some efforts in the final days of the session to try to amend language onto other bills that could prevent public employees from using payroll deduction, but those efforts failed.

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Class Sizes:

Early in the session, the House Public Education Committee heard HB 1133 by Rep. Jonathan Stickland (R-Bedford). This bill would have changed the current hard cap of 22 students in a single elementary grade classroom to a campus-wide, grade-level average, having the effect of allowing class sizes to dramatically expand. ATPE strongly opposed this bill, but it was unfortunately voted favorably out of the committee. After weeks of inaction on the bill, the language from HB 1133 was abruptly amended as a House floor amendment onto one of Rep. Huberty’s school accountability bills, HB 3904. The next day, this language was stripped from HB 3904 following a third-reading amendment by Rep. Chris Turner (D-Grand Prairie). What followed was quite extraordinary. Within hours, HB 1133 was added to a floor calendar and set to be voted on by the full House. Rep. Stickland postponed a vote on the bill three times, and when he finally allowed for a vote, the House defeated HB 1133 by a vote of 44 yeas and 97 nays. For more about the debate and to find out how your legislator voted on HB 1133, check out our coverage here on the Teach the Vote blog. ATPE thanks those who called their legislators and helped us oppose this bill in order to protect class-size limits, which are part of ATPE’s member-adopted legislative program.

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Private School Vouchers:

ATPE’s final legislative priority for the 86th legislative session was opposing the privatization of public schools through programs such as vouchers, scholarships, tax credits, education savings accounts, or allowing private entities to take over the authority and accountability vested in locally elected school boards. During the 2017 legislative sessions, private school vouchers were a top priority for Lt. Gov. Dan Patrick, and voucher legislation easily passed the Texas Senate only to be stalled in the House. The House members’ unambiguous opposition to vouchers last session, combined with the strong statement made in 2018 by educators showing up in higher numbers at the polls, dissuaded lawmakers and even state leaders from pushing a voucher priority this year. ATPE is happy to report that no major private school voucher bills like the ones filed last session were heard in committee this time around.

There were a handful of bills considered this session that ATPE and others deemed to be virtual voucher bills. The primary bill in this group was SB 1455 by Sen. Larry Taylor (R-Friendswood). SB 1455 would have eliminated statutory limitations on a student’s ability to demand access to more than three virtual school courses in a semester. The bill also called for expanding the number of full-time virtual school programs and access to those programs for students in grades K-2. Virtual school programs while accessed through a school district or charter school are operated almost exclusively by private, often for-profit, providers. Research has consistently shown that such full-time programs do a poor job of educating students compared to traditional brick-and-mortar schools, but they are a source of large profits for the providers at the expense of taxpayers. Other similar bills were filed this session by Sens. Donna Campbell (R-New Braunfels) and Bob Hall (R-Edgewood). Thankfully, all of these ATPE-opposed virtual school expansion bills failed to make it out of the House Public Education Committee this session.

Although not technically a “voucher” bill, ATPE believes it is worth mentioning this session’s version of the so-called “Tim Tebow” bill. Session after session, lawmakers have filed bills named in honor of the famous athlete who was home-schooled. The bills attempt to force public schools to allow home-schooled students to participate in their activities through the University Interscholastic League (UIL). The latest iteration was HB 1324 by Rep. James Frank (R-Wichita Falls), which ATPE opposed based on our member-adopted legislative program. During its hearing by the House Public Education Committee, ATPE submitted written testimony against HB 1324, expressing our concern that there was no assurance under the bill that home-schooled students would be required to meet the same prerequisites for UIL participation as public school students. The bill was expected to be brought up for a committee vote a couple weeks later, but was left off of the vote list, likely in response to growing opposition to HB 1324. ATPE appreciates the members, educators, parents, coaches, and other stakeholders who called their legislators to oppose this bill.

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Charter Schools:

In the previous regular legislative session of 2017, charter schools walked away with $60 million in first-time state facilities funding and the ability to operate school district campuses and receive financial benefits through “1882 partnerships,” a reference to the enabling legislation, SB 1882 (2017). While charter school legislation did not take center stage this session, several bills affecting charter schools are headed to the governor’s desk.

Some bills that passed this session have the effect of treating charters in the same manner as traditional public schools. HB 109 by Rep. Armando Martinez (D-Weslaco) prohibits charters from operating on Memorial Day; HB 2190 by Rep. Todd Hunter (R-Corpus Christi) allows children of charter school employees to attend their parents’ school; and SB 372 by Sen. Donna Campbell (R-New Braunfels) allows charter governing bodies to employ security personnel, commission peace officers, and enter into agreements with law enforcement to assign school resource officers. Additionally, SB 2293 by Sen. Pat Fallon (R-Prosper) subjects charter school employees to the same collective bargaining and anti-striking laws as all other public school employees. SB 2293 also creates a common application for charter school admission and a requirement that the Texas Education Agency (TEA) maintain and report on the nebulous “charter waiting list” often cited by charter school proponents as justification for their further expansion.

While the above-referenced bills do bring some parity between charters and traditional public schools, ATPE also supported several bills this session that would have had an even greater impact but did not pass. For instance, HB 43 by Rep. Gina Hinojosa (D-Austin) would have prohibited charters from using exclusionary admission policies based on students’ discipline history, and HB 1853 by Rep. Leo Pacheco (D-San Antonio) would have required charter schools to employ certified teachers.

Other bills that passed this session will impact charter school finance and expansion. The previously discussed omnibus school finance bill, HB 3, affects charter school funding, including requiring charters to pay their fair share into TRS and removing the charter benefit of the small and midsize adjustment. SB 668, a mandate relief bill by Sen. Bryan Hughes (R-Mineola), allows charters to submit an expansion approval request up to 18 months before expanding and requires that charters notify school superintendents affected by the expansion. Unfortunately, this is a pared-down version of stricter notification requirements that were included in the bill as it left the House. Other related bills that passed include HB 4258 by Rep. Jim Murphy (R-Houston), which provides the attorney general with the sole authority to approve the tax-exempt status of charter school bonds, nixing the authority of municipalities. Lawmakers also approved SB 2117 by Sen. Paul Bettencourt (R-Houston), which provides the financial benefits of 1882 partnerships to previously established partnerships in Spring Branch ISD and Aldine ISD that were formed prior to the final implementation of SB 1882. Lastly, SB 1454 by Sen. Larry Taylor (R-Friendswood) improves the transparency of the sale, lease, and disposition of closed charter schools and their assets.

A couple of other charter-related bills passed the legislature, including HB 4205 by Rep. Tom Craddick (R-Midland), which allows for large charter operators to repurpose a closed public school district campus with the requirement that the same students who were at the campus before it was closed be admitted. Finally, HB 1051 by Rep. Gary VanDeaver (R-New Boston) makes permanent the Goodwill Excel Center, an adult high school diploma and industry certification charter school pilot program, and codifies its best practices.

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Student Discipline:

Legislators also passed several bills related to student discipline this session. HB 3630 by Rep. Morgan Meyer (R-Dallas) and SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) are identical bills prohibiting the use of “aversive techniques,” which are described as techniques or interventions intended to inflict pain or emotional discomfort. This includes sprays, electric shocks, using a device to restrain all four extremities, and denial of the ability to use the restroom. Teacher organizations worked with the bill authors to ensure that this legislation would not prevent an educator from using a technique outlined in a student’s behavioral intervention plan (BIP) or from removing a student from class when necessary.

Regarding the removal of students, SB 2432 by Sen. Larry Taylor (R-Friendswood) adds criminal harassment against a district employee to the list of conduct that will result in a student’s automatic removal from a classroom. This would mandate that a student who threatens a teacher or sends them harassing electronic communications is immediately removed from class. Another bill also by Sen. Taylor, SB 1451, states that negative action may not be taken against an educator solely on the basis that the teacher made disciplinary referrals or documented student misconduct. ATPE supported these bills.

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School Turnaround:

Lawmakers spent considerable time this session discussing ways to improve student performance at public schools that are struggling under the state’s accountability system. Finding a programmatic “fix” that will dramatically improve performance in a reasonably short period of time, and in particular, one that is capable of being replicated, has long been an elusive goal of state and local policymakers and many education reformers. The latest attempt is called the “Accelerated Campus Excellence” (ACE) approach. The program, which began in Dallas ISD and has spread to a handful of other districts mostly in the DFW metroplex, has shown some promise and caught the attention of lawmakers when it was discussed during interim hearings of the Texas Commission on Public School Finance last year.

In a nutshell, ACE consists of a robust set of wraparound services for students at a persistently struggling campus, along with salary incentives and additional training for the teachers at the campus. The program utilizes a campus reconstitution approach, where a principal, often new to the campus, assembles a team of educators, some of whom are already teaching at the campus but many of whom are new. Many aspects of ACE mirror initiatives that ATPE has long advocated, such as using financial incentives to entice high-quality, often more experienced, educators to work at hard-to-staff campuses; offering robust mentoring and professional development; and providing students with robust wraparound supports. Unfortunately, the high cost of both the educator stipends and the wraparound services has made the longer-term sustainability of an ACE program questionable.

Several bills this session included provisions that would add ACE program language to state law, including both the House and Senate versions of HB 3. Regrettably, most of the provisions included in such bills featured heavy reliance on students’ standardized test performance data, including the use of STAAR data, to select educators for ACE campuses; provisions that rank teachers competitively by district or statewide, again based largely on student performance; and giving the appointed commissioner of education extreme control over the programs and their approval.

Ultimately, the ACE provisions were removed from HB 3, the omnibus school finance bill. However, the legislature did also pass HB 4205 by Rep. Tom Craddick (R-Midland) which had been amended with language from another stand-alone ACE bill, SB 1412 by Sen. Charles Perry (R-Lubbock). HB 4205 as finally passed contains a watered down and unfunded provision that allows districts, subject to commissioner approval, to use a version of ACE as a turnaround plan for a multi-year IR campus under Section 39.105 of the Texas Education Code.

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Political Speech:

In addition to advancing pro-public education legislation, ATPE worked to stop proposals this session that would have hindered the ability of our schools, teachers, and students to receive the best education possible. Specifically, ATPE worked to block SB 1569 by Sen. Pat Fallon (R-Prosper) and SB 904 by Sen. Bryan Hughes (R-Mineola). These bills would have had the combined effect of subjecting educators to extensive restrictions on political speech that go far beyond those that apply to any other group of public employees. Under these bills, teachers would have faced criminal penalties for all kinds of innocuous activities, including break room conversations of a political nature and teaching students about civic engagement as required by the Texas curriculum standards. Neither bill made it all the way through the legislative process.

ATPE also opposed SB 9, another controversial bill by Sen. Hughes that would have significantly increased the criminal penalties for mistakes made by voters, decreased voter privacy, and made voter registration more difficult. The Senate passed SB 9 on a party line vote, but the measure stalled in the House late in the session where it could not make it onto a calendar for floor consideration.

Another pair of bills that were of concern to some education groups were SB 29 by Sen. Bob Hall (R-Edgewood) and HB 281 by Rep. Mayes Middleton (R-Wallisville), aimed at preventing public entities from hiring lobbyists or paying dues to associations that lobby the legislature. While it is difficult to speculate what impact those bills might have had on groups like ATPE that do not receive their dues dollars from public entities, there is no question that weakening the ability of local schools to communicate their needs to the legislature was one of the authors’ goals. Fortunately, a deluge of messages from public education supporters all over Texas helped convince legislators to reject the bill in a major late-session vote on the House floor on May 20.

It is widely believed that these bills were filed in response to pressure from certain anti-public education groups reacting to the overwhelming pro-public education sentiment expressed by many voters in the most recent elections. Some of these bills came perilously close to becoming law, and ongoing advocacy by educators during the legislative session was among the key determining factors in preventing them from making it to the governor’s desk.

Indeed, if there is a single takeaway for the education community following the 2019 legislative session, it is reinforcement of the fact that political participation by educators is essential for the defeat of anti-public education bills. Stated differently, the engagement of educators in every election cycle and through grassroots communications with their elected officials, especially during a legislative session, is what produces successful outcomes for public education. ATPE thanks all those who helped prioritize the needs of public schools, educators, and most importantly, students during this 86th legislative session.

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