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House Public Education Committee hears 38 bills on charters, assessment, and discipline

On Tuesday, April 9, 2019, the House Public Education Committee heard 38 bills, which were overwhelmingly related to charter schools. A few bills regarding accountability, assessment, and student discipline were also heard. The vast majority of charter schools bills focused on raising the transparency and accountability of charters and on creating parity between traditional districts and charters.

ATPE registered support for the following bills:

  • House Bill (HB) 43 (Hinojosa, et al., D-Austin): Would add “discipline history” to the list of prohibited factors a charter can take into account when accepting students and removes the ability of charters to exclude students with documented history of criminal offense, juvenile court adjudication, or discipline problems. Does allow charters with at least 75% students who are 18 years or older to provide for these exclusions.
  • HB 139 (González, M., D-Clint): Would require charters to provide notice of an expansion amendment to open a new campus just as is required for entirely new charters. The notice must be provided no later than 18 months before the campus opens and include geographic specificity.
  • HB 228 (Krause, R-Fort Worth): Would create new eligibility standards for districts to become a District of Innovation (DOI), including academic performance eligibility and financial eligibility, as determined by the commissioner. Requires that the DOI plan establish performance objectives for the district.
  • HB 570 (Capriglione, R-Southlake): Would require the governing bodies of charter holders and charter schools to hold each open meeting in the geographic area in which the charter served and to be broadcast over the Internet (these changes were made in a committee substitute).
  • HB 636 (White, R-Hillister): Applies to the disclosure of interested parties involved in contracts that require a vote by the governing body of the governmental entities or have a value of at least $1 million. Would include open-enrollment charters as governmental entities, just as public school districts are.
  • HB 1730 (Davis, Y., D-Dallas): Would require that new and expanded charter campuses be more than one mile from another open-enrollment charter campus, unless the other campus has been operating at maximum student enrollment described by their charter for at least the two preceding school years.
  • HB 1853 (Pacheco, D-San Antonio): Would require charters to hire certified educators and protect educator rights, including for principals.
  • HB 1981 (Cole, D-Austin): Would expand notification requirements to apply to charter expansion amendments and would require the notice to identify the closest public school campus to the charter.
  • HB 2487 (Dutton, D-Houston): Would make charters subject to the provision of Government Code chapter 617 regarding collective bargaining and strikes.
  • HB 2510 (Hinojosa, et al., D-Austin): Would require that charters post their code of conduct on their website and require it to include suspension policies. Requires that charter policies and procedures for suspension and expulsion comply with Chapter 37 of the Texas Education Code and that suspensions not exceed three days.
  • HB 2621 (Bailes, R-Shepherd): Would create a common admission application form for charters and requires the commissioner to manage a waiting list. Each charter would be required to report to the commissioner information on enrollment and waiting list numbers. Would also require the commissioner to identify which charters are corporate affiliates or substantially related charters holders and aggregate this information, to be posted online with the aggregated enrollment and waiting list numbers reported from the charters.
  • HB 2760 (Allison, R-San Antonio): States that districts can submit a statement to the commissioner regarding the impact a new charter school or charter expansion will have on the district. The commissioner would be required to issue an impact report on the charter application that includes information related to how the charter will affect the community, educational availability and duplication, financial burden on district, cost to state, and the written statement aforementioned. The impact report will be made public on the TEA website and provided to the charter or applicant and the others who are to receive the currently required notice.
  • HB 2776 (Allison, R-San Antonio): Would require charters to prepare and submit to TEA an “informed choice report” that includes academic information, demographic information, their calendar, information on transportation and meals, information on extracurriculars and academic course offerings, parental requirements, rights, and responsibilities, teacher statistics including salary, number on the waiting list, admission criteria, discipline policies, rates of disciplinary action, if the school uses an online program, number of school counselors and nurses, and if students have access to a library.
  • HB 2824 (VanDeaver, R-New Boston): Would extend Rep. VanDeaver’s writing pilot from the 84th session (HB 1164) through 2022-2023. This writing portfolio assessment tests the feasibility of replacing the current 26-line essay requirement. Would require the agency to develop methods to determine the validity of the scoring process. Rep. VanDeaver said that there were 30,000 students participating in Spring of 2018, and only 5-6 staff members in charge of the pilot at TEA.
  • HB 2964 (Davis, Y., D-Dallas): Would prohibit the employment of those who have engaged in misconduct that presents a risk to students, as documented by either a school district or the State Board for Educator Certification.
  • HB 2983 (Huberty, R-Humble): Would reduce the number of state-administered assessments for students who have already demonstrated mastery in certain subjects, potentially reducing tests from 17 to 10.
  • HB 2987 (Ramos, D-Richardson): Would require charters to post for each governing board member their biographical information, business interests, if they are elected or appointed, and the length of their service.
  • HB 3013 (Talarico, et al., D-Round Rock): States that charters are subject to the law regarding the suspension of students and restricts the reasons charters can expel students only to Section 37.007 of the Texas Education Code.
  • HB 3069 (González, M., et al., D-Clint): Would require the commissioner to establish a professional development grant program to encourage teachers to obtain computer science certification and continue professional development in coding, computational thinking, and computer science education.
  • HB 3263 (Allen, D-Houston): Would protect charter school employees under the Whistleblower Act, just as school district employees are.
  • HB 3877 (Ramos, D-Richardson): Would require charter schools to post their financial statements through a clearly identifiable link that appears in a prominent place on their home page.
  • HB 4242 (Bernal, et al., D-San Antonio): Would require that state assessments be evaluated by an independent group of qualified educators with Texas teaching experience for readability. Requires the commissioner to hold a public hearing before determining the readability of the assessments and requires that the readability be released for each questions and passage along with the questions and answer keys (at the appropriate time). Requires the State Board of Education to review assessment instruments and places a one-year pause on accountability and testing until unless the readability standards are met. Requires the commissioner to request a federal waiver if standards are not met.

ATPE submitted  written, neutral testimony on Chairman Dan Huberty’s (R-Humble) HB 3904. HB 3904, in general, is a “clean-up” bill for last session’s HB 22, and aims to clarify and specify the law to match the original intent of the policy. The bill clarifies the treatment of dual credit as an accountability measure and adds in complete coherent industry certification course sequences, students who participate in extracurriculars, and ninth graders who are on track to graduate with their cohort. For K-8, the bill adds indicators accounting for students who participate in full-day pre-K, students who participate in math and literacy academies, and students who participate in extracurriculars. Importantly, the bill limits the domain performance ratings to be no more than 50% reliant on test scores. For the student achievement domain, 40% would be attributed assessments, 20% from high school graduation, and 40% from CCMR. The bill also makes changes to accountability for dropout recovery schools. Individual graduation committees are also continued in this bill.

ATPE did not support the provision in the original bill that allowed the commissioner to order reconstitution of a below-standard campus and implement “strategic staffing”, which was largely based on test performance-based measures of teachers. The Chairman has changed the bill in a committee substitute to eliminate this provision, which is great!

The following bills were also heard in committee:

  • HB 769 (Davis, S., et al., R-West University Place): Would require the board of trustees to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. Further requires that Foundation School Program funds may not be used to pay the severance and that no severance may be paid to a superintendent who has completed less than 51% of their contract. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 1003 (Collier, D-Fort Worth): Would create an admission preference for students who reside in the attendance zone of the school district within which the charter is located. Allows for a separate lottery for these students.
  • HB 1301 (Davis, S., R-West University Place): Would require school districts with enrollment of 10,000 or more to publish monthly web reports on board minutes, plans, and objectives, and quarterly reports on academic achievement and district finances. This bill is aimed at only affecting Houston ISD.
  • HB 2190 (Hunter, R-Corpus Christi): This bill only applies to a charter with an enrollment greater than 200 located in a county with less than 400,000 that contains a municipality of least 300,000 (aimed specifically at a Corpus Christi area school). Allows the charter to admit a child of a school employee. Testimony on the bill was positive and Hunter said that he would entertain the bill being statewide. Chairman Huberty said they could change the bill to impact the entire state as an amendment on the House floor.
  • HB 2406 (Geren, R-Fort Worth): States that a charter may not spend public funds for political advertising or for communications describing measures that are false or could influence voters. Brings parity to charters, as school districts are already subject to this law.
  • HB 2488 (Dutton, D-Houston): States that if a charter school has 5,000 or more students in average daily attendance, it is considered to be a state agency for purposes of Chapter 2161 of the Government Code regarding Historically Underutilized Business (HUB). Just as school districts do, charters would have to comply with provisions regarding HUBs, which would include a commitment to increasing contracting opportunities with these businesses.
  • HB 2991 (Talarico, D-Round Rock): Would require, rather than allow, districts and charters to develop and implement a positive behavior and restorative justice program. Through the program, the district or school can provide an alternative to suspension. Creates, in Chapter 37 of the Texas Education Code, a restorative justice coordinating council to assist the agency and school districts in developing restorative justice programs and training.
  • HB 3012 (Talarico, et al., D-Round Rock): Would require that school districts provide students an alternative means of instruction for the classes the student misses while in in-school suspension (ISS) or out-of-school suspension (OSS), and that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to only apply to core courses and states that the instruction doesn’t have to be in-person.
  • HB 3155 (Deshotel, D-Beaumont): Would require municipalities to regard charters as school districts for purposes of zoning, permitting, code compliance, and development. Also applies land development standards to charters. Would prohibit municipalities, counties, or political subdivisions from enacting or enforcing an ordinance that prohibits a charter school from operation.
  • HB 3219 (Allison, R-San Antonio): Would allow campus behavior coordinators to create behavior contracts for students who violate the code of conduct and require their parent to sign the contract as a condition of not taking immediate action against the student.
  • HB 3322 (Burns, R-Cleburne): Would require school districts to post who is responsible for discipline on their website. According to testimony, the bill arose out of a town hall by Senator Kolkhorst.
  • HB 3398 (Johnson, Jarvis, D-Houston): Would require the TEA committee responsible for reviewing accountability appeals to review the challenges by school districts or charters. Requires that the commissioner not limit the challenge if the school district or charter created the inaccuracy and requires that the commissioner correct the rating if the rating assigned was too low.
  • HB 3861 (Bohac, R-Houston): Would allow districts who have been granted program charters by their board and who have contracted with a charter to jointly operate the campus and receive district-charter funding under last session’s SB 1882. Rep. Bohac said that this would only affect Spring Branch ISD and Aldine ISD in the Houston area, as these districts already have such program charters.
  • HB 3941 (Deshotel, D-Beaumont): Would require TEA to develop a process for providers to apply for the authority to operate an online adult high school diploma from for eligible students. Student must reside in Texas, be 19 or older, have been unable to satisfy high school graduation requirements at the normal time, have been unable to meet the graduation requirements of any other program, and meet any other requirements as set out by the commissioner.
  • HB 4209 (Davis, Y., D-Dallas): Would require that charter governing board members are elected and that their terms do not exceed four years. Parents of students enrolled would be able to vote. Rep. Davis said that the bill will be revised.

The Committee will meet again this Thursday for a formal meeting just to vote out bills that have been heard by the Committee so far. Chairman Huberty stated at the end of the hearing that most of the controversial bills have been heard now, but that nearly 600 bills have been referred to them. There are still several weeks of session to go and many more important bill topics to cover! Stay tuned.

House Public Education Committee hears bills and testimony on assessment

On Tuesday, March 6, 2019, the House Public Education Committee heard six bills related to testing and the State of Texas Assessments of Academic Readiness (STAAR).

The committee began by hearing seven panels of invited testimony from superintendents and other district leaders, teachers, Texas Education Agency (TEA) staff, and parents. Their comments generally centered around the reliability of STAAR testing in light of recent articles reporting that reading tests are written at a grade level above that of the students being tested (Texas Monthly, The New York Times, Washington Post, Houston Chronicle). Many issues arose during the rich discussion, including the misalignment between the Texas Essential Knowledge and Skills (TEKS) curriculum standards and how the TEKS are tested; the misalignment of expectations between TEA and school districts; the negative impact of testing on students; and the flawed public narrative that inaccurate tests create.

The first panel was composed of superintendents from Alief ISD, Northside ISD, San Marcos ISD, and Granger ISD. The general sentiment among the panelists was that the state should have assessments with appropriately rigorous standards, but make sure they are valid, fair, meaningful, and timely. Additionally, witnesses testified that the tests should undergo rigorous review and field-testing. The danger lies in misalignment between the expectations of test and the expectations of standards, as well as misalignment with other assessments and what teachers know about tests. This results in the STAAR tests creating an inaccurate narrative and in students giving up on their passions.

The second panel included Texas Education Commissioner Mike Morath, who stated that the STAAR tests were meant to predict post-secondary outcomes. Morath emphasized that National Assessment of Educational Progress (NAEP) outcomes have remained flat or declined over the past decade, and he defended the reliability of the STAAR tests. He did admit that the Texas student population has increased significantly over time and grown progressively poorer. Appearing with Morath were three reading experts, one of whom was from the organization that developed lexile scores, Meta-Metrics. Dr. Sanford-Moore of Meta-Metrics explained that lexiles are based on a computer algorithm and measure language structure based on the number of ideas in a sentence and the vocabulary used.

Reps. Gary VanDeaver (R-New Boston), Morgan Meyer (R-Highland Park), and Mary Gonzalez (D- Clint) all made compelling points about the tests. VanDeaver stated, “These are children and not machines. What happens when we reach that level that goes beyond challenging and becomes frustrating and the child shuts down?” Similarly, Meyer shared a story of his fourth-grade daughter, who cried on the way to school the day of the STAAR test and came home defeated. Meyer said, “You call it challenge, I call it frustration.” Gonzalez reiterated her previous comment that it is imperative for the public purpose of the tests to be clear.

This led to a flurry of discussion, bouncing from issue to issue within the educational system, including the A-F accountability grading system; expectations for teachers and district leadership to understand the STAAR test; the use of tests for grade promotion and teacher evaluations; teacher and student stress; curriculum; professional development; and educator preparation. Overall, the range of topics that arose seemed to point to a disconnect between the agency’s expectation of teachers, districts, and students, and the practices and understandings of school districts.

At the four-hour mark of the hearing, the testimony of the third through seventh panels proceeded much more quickly. Another panel of superintendents from Comal ISD, Wylie ISD, and Frisco ISD testified that they used multiple interim assessments and instructional quality improvements to perform well on the STAAR. Additionally, Dr. Mike Waldrip of Frisco ISD said that the timing of the STAAR test at the end of the year wasn’t particularly useful for making preparations for the next year. A fourth panel composed of district leaders in literacy and learning expressed a key takeaway: that there is a disconnect between the reading level of instruction using the TEKS versus the reading level of assessment. The fifth panel, composed of teachers and an interventionist, was deemed the best panel of the day by Rep. Dr. Alma Allen (D-Houston), a long-time member of the committee who is also an educator. Notably affecting the committee members, one of the panelists announced that the time elapsed in the hearing was about the same amount of time students sit for a STAAR test. This panel also spoke to the needs of students and teachers in having the appropriate tools to provide relevant and effective instruction so that students can succeed on state tests. The sixth and seventh panels, which included other district leaders, parents, and stakeholders echoed much of the sentiments in of the previous panels, such as the negative impact of testing on students.

After nearly six hours of testimony from the invited panelists, who provided invaluable insights on the reliability, validity, and usefulness of testing to the state’s educational system, the committee turned its attention to hearing the bills posted on the agenda.

ATPE Lobbyist Andrea Chevalier testifies in the House Public Education Committee, March 5, 2019.

ATPE Lobbyist Andrea Chevalier testified neutrally on House Bill (HB) 671 by Rep. Ken King (R-Canadian). HB 671 would eliminate end-of-course (EOC) examinations and replace them with a school district’s choice of  either the TSI or a nationally recognized, norm-referenced assessment such as ACT or SAT, to be administered in grade 11. Under the bill, the commissioner would contract with a vendor to administer the assessment. HB 671 also mandates that each district require students to attend a preparation course to succeed on the test and defines college readiness. Chevalier expressed that while ATPE supports the reduction in mandated state tests, we want to ensure that any test used to replace the STAAR is both appropriate as an input into the state accountability system and provides the appropriate accommodations for students receiving special education services, students under a 504 plan, and English language learners.

ATPE registered positions in support of the following bills:

  • HB 525 (Tinderholt, R-Arlington): Would limit the required assessments to just mathematics, reading, and science (eliminating writing, social studies, English II, and US History tests)
  • HB 851 (Huberty, R- Kingwood): Would eliminate the September 1, 2019 expiration date of the law authorizing Individual Graduation Committees (IGCs)
  • HB 1480 (VanDeaver, R- New Boston): Would create an accelerated learning committee (ALC) for students who do not perform satisfactorily on third, fifth, or eighth grade reading or math assessments. Also would allow accelerated instruction to be provided to the student in the following year. The ALC would develop an educational plan for the student, provide assistance to student, and perform additional duties if the student doesn’t meet the standard for a second time after accelerated instruction. HB 1480 would also eliminate the requirement that assessments are used for promotion. The bill would eliminate social studies and US History assessments and require the commissioner to gather input from districts on an assessment schedule that minimizes disruption and maximizes instruction time.

Other bills heard in committee were:

  • HB 843 (Springer, R-Gainesville): Would allow for the inclusion of optional post-secondary readiness assessments in Algebra II and English III in the accountability system under the student achievement domain
  • HB 1244  (Ashby, R- Lufkin): Would eliminate the US History EOC and create an electronic civics test as a requirement for graduation, which would contain all questions on the U.S. Citizenship test in a multiple-choice format.

The House Public Education Committee plans to meet again next week. On Tuesday, March 12, the committee will to hear Chairman Huberty’s comprehensive school finance reform bill, HB 3, filed earlier this week. Chairman Huberty also said he expects HB 3 to reach the House floor by the first week of April. Over half the members of the Texas House have already signed on as co-authors for HB 3. The committee also expects to meet next Wednesday to hear other bills. Stay tuned to Teach the Vote and follow us on Twitter for updates.