Tag Archives: instructional materials

Teach the Vote’s Week in Review: Sept. 13, 2019

Here’s this week’s education news wrap-up, courtesy of the ATPE Governmental Relations team:


SBOE Committee on School Initiatives meeting, Sept. 12, 2019

This week, members of the State Board of Education (SBOE) gathered in Austin to hold a series of meetings over Wednesday, Thursday, and Friday, which ATPE’s lobbyists have been attending. View the full SBOE agenda and additional information about this week’s meetings here.

To kick things off, the board on Wednesday discussed the Texas Resource Review (TRR) process, formerly known as the Instructional Materials Quality Evaluation (IMQE). Acting as a rubric for instructional materials for English Language Arts and Reading (ELAR) in grades 3-8, the TRR will serve as a type of “consumer reports”  resources for school districts and educators looking for quality instructional materials. Read a full recap of Wednesday’s board meeting in this blog post from ATPE Lobbyist Mark Wiggins.

Other topics of discussion during this week’s meetings of the board and its committees include a new procedure for nominating members to the School Land Board (SLB), the ed prep assessment pilot known as “EdTPA,” and the Generation 25 charter application that would establish charters with new operators as opposed to letting existing charter holders expand their operations. ATPE’s Wiggins has more on the discussion of these items in this blog post from Thursday.

The board will wrap up its September meetings today. The full board’s agenda for today includes hearing from Commissioner of Education Mike Morath. Read more about his remarks at today’s SBOE meeting, which covered accountability and new reading academy requirements, in this Teach the Vote blog post from ATPE Lobbyist Andrea Chevalier.

Commissioner of Education Mike Morath speaking to the ATPE Board of Directors, Sept. 7, 2019

The board also took time today to recognize outgoing chair Donna Bahorich for her leadership with an honorary resolution. This will be the last meeting over which Bahorich will preside, pending the governor’s naming of a new chair for the SBOE.

Related: Commissioner Mike Morath also visited the ATPE Board of Directors meeting in Pflugerville on Sept. 7, 2019. The commissioner updated the board on accountability ratings, discussed the issue of merit pay, and more.


This year’s legislative session saw a slew of bills relating to assessments, from their administration and content to their duration and much more. For an in-depth look at which laws from the 86th session will affect things like end-of-course exams, individual graduation committees (IGCs), and the length of standardized state assessments, check out this week’s blog post by ATPE Lobbyist Andrea Chevalier. On Monday, we’ll have a another new post for our ongoing “New School Year, New Laws” weekly series here on Teach the Vote. You can also learn more about many new laws affecting educators in this comprehensive digital guide compiled by ATPE’s legal staff.


The latest iteration of “HB 3 in 30,” the Texas Education Agency’s weekly video series that breaks down the signature education bill of the 86th session, focuses on reading practices. Click here to watch the most recent video and access all the prior videos in the HB 3 in 30 series.


It was announced this week that Harrison Keller will become the new Commissioner of Higher Education, following the recent retirement of Commissioner Raymund Peredes. The announcement came Wednesday after a unanimous vote by the Texas Higher Education Coordinating Board (THECB). Keller, who assumes the post on Oct. 1, has worked for the University of Texas and was a longtime education policy adviser to a former Texas Speaker of the House, Rep. Tom Craddick (R-Midland).


ELECTION UPDATE: Yet another big retirement announcement came today with Sen. José Rodriguez (D-El Paso) announcing that he will not seek re-election. An attorney, Sen. Rodriguez has described himself as the first member of his family to attend college. He was first elected to the Senate District 29 seat in 2010 and has also chaired the Senate Democratic Caucus.

Early voting for the upcoming November election begins on Oct. 21, just five weeks from now. For more information about what’s going to be on the ballot, check out our previous Teach the Vote blog posts on proposed constitutional amendments and some special elections that will be taking place on the same day. You can also use the resources provided by the Texas Educators Vote coalition to help ensure you are ready to vote. The deadline to register to vote for the November 5 election is Oct. 7, 2019.

SBOE in Austin for September meeting

Texas SBOE meeting September 11, 2019.

The Texas State Board of Education (SBOE) met Wednesday in Austin for its three-day September meeting. Although her term as board chair concluded with the board’s June meeting, Member Donna Bahorich (R-Houston) presided over the board Wednesday as Gov. Greg Abbott has yet to announce her successor.

The board began with a discussion of a new process for Instructional Materials Quality Evaluation (IMQE), including recommendations for a commissioner rule from an ad hoc committee on the subject. The process is now called Texas Resource Review (TRR). Member Georgina Perez (D-El Paso) suggested that the process is still subjective, and Texas Education Agency (TEA) staff indicated that the process was the result of feedback from 30 pilot districts. Member Marty Rowley (R-Amarillo) posed a number of questions to TEA staff clarifying the potential legal ramifications of changes to the current process. Member Barbara Cargill (R-The Woodlands) expressed a desire to prevent the TRR from competing with or interfering with the Texas Essential Knowledge and Skills (TEKS) review process. After lengthy discussion, the board adopted a new board operating procedure barring an individual board member from nominating instructional materials to the TRR without a majority vote of the board endorsing the nomination.

The board also discussed the procedure for nominating members to serve on the School Land Board (SLB), which oversees a portion of the Permanent School Fund (PSF) overseen by the General Land Office (GLO). Legislation passed by the 86th Texas Legislature expanded the SLB to five members from three and allowed the SBOE to nominate candidates to serve in two of the five places. The governor will select the two members from among six candidates the SBOE nominates. The board’s Committee on School Finance/Permanent School Fund will recommend the six nominees from a list of 30, comprised of two nominees provided by each of the board’s 15 members. The full board will vote to approve the final six.

The SBOE and SLB must also meet jointly once per year as a result of legislation passed in 2019. Members voted to hold the first joint meeting during the SBOE’s scheduled meeting in April 2020. All following meetings will be held during the SBOE’s scheduled November meeting.

 

 

New School Year, New Laws: Curriculum and Instruction

When the 86th Texas Legislature convened for its 2019 regular session, members of the state Senate and House of Representatives focused much of their attention on school finance and school safety. Issues that once held center-stage in a legislative session, like accountability, vouchers, and payroll deduction took a backseat (or weren’t even in the car). However, there were several bills passed this year that will impact teachers’ bread and butter – teaching and learning. In this week’s “New School Year, New Laws” post, we will fill you in on legislative changes impacting curriculum and instruction.

House Bill (HB) 391 by Rep. César Blanco (D-El Paso): Printed instructional materials

By law, parents are entitled to request that their child be allowed to take home instructional materials. Districts and charter schools must honor this request. However, in some cases, those instructional materials are online and the parents do not have the appropriate technology at home to access them. In this event, HB 391 dictates that the district or charter school provide the materials in print, which could be printouts of the relevant electronic materials. This law became effective immediately upon its passage.

HB 2984 by Rep. Steve Allison (R-San Antonio): Technology applications TEKS

Technology applications is part of the “enrichment curriculum” offered by school districts. HB 2984 directs the State Board of Education (SBOE) to revise the grades K-8 Texas essential knowledge and skills (TEKS) for technology applications, specifically by adding in curriculum standards for coding, computer programming, computational thinking, and cybersecurity. The SBOE must complete this task by Dec. 31, 2020, so be on the lookout for information from ATPE about opportunities to participate in the process and provide public comment.

HB 3012 by Rep. James Talarico (D-Round Rock): Providing instruction to students who are suspended

Most teachers have probably experienced what happens when a student is placed in either in-school or out-of-school suspension (ISS/OSS). The student often comes back to the classroom having missed days or weeks of instruction that can be hard to make up. HB 3012 requires districts to provide suspended students with an alternative means of accessing all “foundation curriculum” or core coursework (math, science, English language arts, and social studies). The district must also provide at least one option for receiving the coursework that doesn’t require access to the Internet. Whether or not this requirement for providing coursework will trickle down to the individual teacher level is still unclear. This bill became effective immediately.

HB 4310 by Rep. Harold Dutton (D- Houston): Time for scope and sequence

HB 4310 applies to the scope and sequence created by districts for foundation curricula. Under the new law, a district must ensure sufficient time for teachers to teach and students to learn the TEKS in a given scope and sequence. Additionally, a district cannot penalize a teacher who determines that their students need more or less time and thus doesn’t follow the scope and sequence. However, the law does say that a district can take action with respect to teachers who don’t follow the scope and sequence if there is documented evidence of a deficiency in their classroom instruction. This law became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): G/T programming and funding

The gifted and talented (G/T) allotment was eliminated in this year’s big school finance bill, HB 3, but the requirement that school districts provide G/T programming did not go away. When HB 3 was heard by the House Public Education and Senate Education committees, many parents and students testified on the importance of keeping gifted and talented programming and urged lawmakers to maintain the allotment. In response, Chairman Huberty and other lawmakers explained that funding for G/T through the allotment has been capped at 5% of average daily attendance, even though a district may actually enroll more than 5% of its students in G/T programs. As a result, every district essentially received the maximum amount possible. HB 3 rolls this amount into the new basic allotment as the mechanism for funding G/T, rather than having a stand-alone allotment.

To quell fears that G/T programs might disappear along with the allotment, HB 3 states that districts must provide a G/T program consistent with the state plan for G/T and must annually certify to the commissioner of education their compliance with the law. If a district does not comply, the state will revoke its funding in an amount calculated using the same formula for the old G/T allotment. The bill also requires districts to comply with the use of G/T funds as outlined in State Board of Education (SBOE) rule.

These changes to how G/T programs are funded took effect immediately upon the passage of HB 3. Learn more about the new G/T requirements and funding expectations in this “HB 3 in 30” video provided by the Texas Education Agency (TEA).

HB 4205 by Rep. Tom Craddick (R-Midland): Teacher effectiveness and value-added modeling in turnaround schools

HB 4205 was originally introduced as a bill to allow a campus in Midland ISD to be repurposed by a nonprofit entity while maintaining the same student population. As the bill made its way through the legislative process, it was expanded beyond Midland ISD and amended to include language from Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock) regarding accelerated campus excellence (ACE) plans. ACE is a campus turnaround option that prescribes personnel, compensation, and programming decisions meant to improve student performance. A last-stage amendment also added a requirement that personnel decisions under a school’s ACE turnaround plan must be made using a value-added model (VAM) for determining instructional effectiveness. After this change was made, which ATPE opposed, the House unfortunately voted to concur in the Senate amendments and the bill was signed by the Governor.

Under the final version of HB 4205 as passed, at least 60 percent of teachers assigned to the campus must have demonstrated instructional effectiveness during the previous school year. For teachers who taught in the same district in the prior year, this effectiveness standard is to be determined by classroom observation and assessing the teacher’s impact on student growth using VAM based on at least one student assessment instrument selected by the district. For teachers who did not teach in the district the previous year, instructional effectiveness will be determined by data and other evidence indicating that if the teacher had taught in the district, they would have been ranked among the top half of teachers there. Teacher pay under this type of plan must include a three-year commitment to provide “significant incentives” to compensate high-performing principals and teachers.

In the 2019-20 school year, the ACE provisions in HB 4205 will only apply to one district that received an unacceptable rating for 2017-18, as chosen by the commissioner of education. In 2020-21, the ACE option under HB 4205 will open up to all districts that have been required to complete a campus turnaround plan.

There are many aspects of this new law that ATPE opposes, which we expressed to lawmakers through oral testimony and written input on SB 1412 and HB 4205 as they were moving through the legislative process earlier this year. Our opposition was based on the following formal positions that have been adopted by ATPE members:

  • ATPE opposes the use of student performance, including test scores, as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation, or as the primary rationale for an adverse employment action.
  • ATPE believes students’ state-level standardized test scores should not be a component of teacher evaluations until such time as they can be validated through a consensus of independent research and peer review for that purpose.
  • ATPE opposes the use of value-added modeling or measurement (VAM) at the individual teacher level for teacher evaluation purposes or decisions about continued employment of teachers. (Learn more about our VAM concerns here.)
  • ATPE supports incorporating measures of student growth at the campus level or higher into evaluations of educators as long as the measures are developed with educator input, piloted, and deemed statistically reliable.
  • ATPE opposes incentive or performance pay programs unless they are designed in an equitable and fair manner as determined by educators on a campus basis.

Your ATPE Governmental Relations team will be monitoring these pieces of legislation as they are implemented.


Next Monday, we will continue ATPE’s “New School Year, New Laws” series here on Teach the Vote with a post on assessment-related bills passed during the 2019 legislative session.

House Public Education Committee hears 21 bills

Yesterday was round two of bills up for public hearing in the House Public Education Committee. Twenty-one bills were discussed, covering topics including the instructional materials allotment, social work and mental health services in schools, posthumous diplomas, community schools, and cardiac assessments.

ATPE Senior Lobbyist Monty Exter testifying in the House Public Education Committee on February 26, 2019

ATPE Senior Lobbyist Monty Exter testified in support of House Bill (HB) 199 by Vice Chairman Bernal, D-San Antonio. HB 199 would allow the instructional materials and technology allotment (TIMA) to be used for the salary and other expenses of an employee who is directly involved in student learning or in addressing the social and emotional health of students. Exter testified that there is already a prioritization of the TIMA in statute requiring it to be used for materials first and that it is important to allow districts to use any leftover funds for those who deliver the instruction associated with the materials: educators. Exter further explained that the bill allows for the most efficient use of dollars and the least waste.

ATPE registered positions in support for the following bills:

  • HB 92 (Rodriguez, D-Austin): Would allow a campus turnaround plan to permit a campus to operate as a community school and would require that no campus can be closed without being given the opportunity to operate as a community school for at least two years.
  • HB 129 (Bernal, D-San Antonio): Would require a school counselor or other non-faculty health professionals at campuses with 90% or more students who are educationally disadvantaged, homeless, and/or in foster care. These individuals may not administer state assessments and are to be funded by the state.
  • HB 198 (Thierry et al., D-Houston): Would allow school districts to provide mental health services as a part of their cooperative health care programs for students and families. Would also require school district health care advisory councils to include a licensed mental health service provider and allow for school-based health centers to provide mental health services and mental health education. Additionally, the statistics obtained from school-based health centers must include mental health through this bill.
  • HB 204 (Thierry et al., D-Houston): Would include instruction on mental health within the enrichment curriculum that districts must offer. Other enrichment curricula include physical education, career and technical education, and fine arts, among others.
  • HB 239 (Farrar et al., D-Houston): Would create a new section of law to clarify and define the role of social workers in school settings.
  • HB 314 (Howard et al., D-Austin): Would allow funds allocated under the compensatory education allotment to be used for child-care services, assistance with child-care expenses, or services provided through a life skills program for student parents and students who are pregnant.
  • HB 330 (VanDeaver et al., R-New Boston): Would allow districts to exclude from dropout and completion rates students who have suffered a condition, injury, or illness that requires substantial medical care and leaves the student unable to attend school.
  • HB 422 (Allen, D-Houston): Would require that school boards annually certify to TEA that they have established district- and campus-level decision-making committees.
  • HB 455 (Allen et al., D-Houston): Would require TEA to develop a model policy on recess that encourages age-appropriate outdoor physical activities.

The following bills were also heard in committee:

  • HB 76 (Huberty, R-Humble): The Chairman laid out a substitute for this bill, which gives parents the option to participate in the screening program, rather than requiring an echocardiogram (ECG) or electrocardiogram (EKG) for any student participating in a University Interscholastic League (UIL) activity that currently requires a physical examination. The bill offers that school districts could partner with a nonprofit to provide the service or could pay for the service themselves. Lengthy testimony was heard on this bill from private citizens and representatives from school sports departments and associations, who supported the bill with stories of students who had suffered heart conditions while playing sports. On the other hand, the American College of Cardiology said that ECG/EKGs are not scientifically proven in detecting every potential cardiac defect.
  • HB 391 (Blanco, D-El Paso): Would require a school district or charter school to provide instructional materials in printed book format if the student does not have reliable access to technology at home, at parental request. Parent requests must be documented and included in an annual TEA report to the legislature.
  • HB 396 (VanDeaver, R-New Boston): Would allow the TIMA to be used for inventory software or systems for storing and accessing instructional materials and also allow the TIMA to be used for freight, shipping, and insurance, regardless of whether it is intrastate.
  • HB 397 (VanDeaver, R-New Boston): Would allow the TIMA to be used for inventory software or systems for storing and accessing instructional materials. This bill does not include the intrastate freight change. Rep. VanDeaver said that this bill is a back-up to HB 396.
  • HB 403 (Thompson, S., D-Houston): Would require each school board trustee and superintendent to biennially complete a one-hour training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children. Additionally, the bill requires at least 2.5 hours of continuing education requirements for a superintendent every five years on identifying and reporting these issues.
  • HB 613 (Springer, R- Muenster): Would allow for districts to hold elections outside of the requirement that these elections be jointly conducted with other elections.
  • HB 637 (Gonzalez, D- Clint): Would update the codes dictating the salaries of the superintendents of the Texas School for the Deaf and the Texas School for the Blind and Visually Impaired so that they may only be set through the appropriations process.
  • HB 638 (Capriglione, R- Southlake): Would allow posthumous diplomas to be awarded to students regardless of whether they were in the 12th grade and on academic track to graduate.
  • HB 663 (King, K., R- Canadian): Would limit the proclamation of the State Board of Education (SBOE) to 75% of the total amount used to fund the TIMA and require a review of the Texas Essential Knowledge and Skills (TEKS) to ensure that they could be taught and mastered by students within one year. Rep. King said that this will allow districts 25% of the TIMA to spend as they see fit.
  • HB 674 (Patterson, R- Frisco): Would require that regional education service centers gather information from districts and report on which state mandates districts report are burdensome and expensive. The committee substitute for this bill eliminated reporting on federal mandates.
  • HB 678 (Guillen, D- Rio Grande City): Would allow American Sign Language to count for the graduation requirement of a language other than English.

Chairmain Huberty said that he intends to reveal a plan for his school finance bill later this week and that next week’s hearing will cover topics related to assessment. He also added that the testing companies will be in attendance at the hearing.

Expenditures group takes hard look at textbooks

The Texas Commission on Public School Finance working group on expenditures met Wednesday morning to listen to a final round of witnesses invited to discuss issues related to school spending.

At the beginning of the meeting, group leader state Rep. Dan Huberty (R-Houston) announced plans to solicit formal recommendations from all witnesses who’ve testified before the working group. The group’s five members will meet again July 11, the day after a scheduled July 10 meeting of the full commission, and vote on which recommendations to endorse.

School finance commission working group on expenditures meeting June 6, 2018.

Texas Education Agency (TEA) staff opened Wednesday’s testimony with a review of the instructional materials allotment (IMA), and members of the group expressed interest in increasing the flexibility of IMA funds. State Rep. Diego Bernal (D-San Antonio) suggested consulting teachers as to how much physical textbooks are currently used in the classroom, and hypothesized that use is declining. Members seemed to unanimously support the idea of encouraging more reliance on technology and cheaper or free online resources, while freeing up IMA funds for other purposes.

Members also expressed frustration with textbook makers over the ongoing costs of keeping physical textbooks, while many educators are supplementing their instruction with materials found online at no charge. State Sen. Royce West (D-Dallas) suggested instructing TEA and the Texas Higher Education Coordinating Board (THECB) to develop a working relationship and establish a timetable wherein the legislature mandates universities to develop open-source materials aligned to the Texas Essential Knowledge and Skills (TEKS), which school districts would be required to use for classroom instruction. Sen. West contended this would address both textbook costs and complaints by higher education institutions that Texas high school graduates are not college-ready.

The discussion then turned to bilingual education and dual language. Witnesses testified that dual language programs are more effective than traditional English as a second language programs, but carry higher start-up costs. This includes textbooks in both English and Spanish, for example. Rep. Huberty noted that costs would necessarily be compounded with each additional language, such as programs for students who speak Vietnamese. West and Bernal expressed interest in legislation ordering a study of the costs of implementing more dual language programs.

Members also heard about funding for gifted and talented (GT) and career and technical education (CTE) programs. Each carries additional costs, but achieves important outcomes. The working group also heard from TEA staff regarding the high school allotment, and discussed the idea of folding the high school allotment into the basic allotment. This was a component of House Bill 21, the school finance reform bill authored by House leadership during the regular session of the 85th Texas Legislature.

Additionally, members discussed the adjustments for sparsity, and for small and medium-sized districts. Commission Chair Scott Brister has repeatedly advocated consolidating school districts as a way to reduce costs, and TEA indicated that these adjustments total roughly $600 million annually. Staff explained the Existing Debt Allotment (EDA) and New Instructional Facilities Allotment (NIFA), and representatives from fast-growth school districts testified to the importance of funding for new facilities.

Finally, a representative with out-of-state education reform think tank EdBuild suggested improving equity by decoupling school funding from average daily attendance (ADA) and instead using the number of students for whom a school is responsible. Rep. Huberty noted that ADA provides an incentive for districts to ensure that students are actually in the classroom. The EdBuild representative also suggested that by allocating some adjustments at the district level instead of per student, Texas’s school finance system creates unnecessary conflict and confusion between how charter schools and traditional ISDs are funded.