Tag Archives: interim charges

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: Aug. 14, 2020

Whether you started school or not this week, nearly everyone is switching into back-to-school mode. Unwind and stay up-to-date with this week’s education news from the ATPE Governmental Relations team:


Gov. Abbott speaks in El Paso, August 13, 2020. (Source)

CORONAVIRUS UPDATE: On Saturday, August 8, Gov. Greg Abbott renewed the COVID-19 disaster declaration for the state of Texas. The declaration continues many of the special provisions, funding mechanisms, and waivers that have helped Texans get through the pandemic. Abbott traveled to Beaumont, Victoria, Lubbock, and El Paso this week to speak about COVID-19. He stressed remaining vigilant in best practices to avoid contracting COVID-19, said that bars were hot-spots and the state would need to meet certain metrics before they could reopen, and added that the state is investigating its high test positivity rate. With regard to schools, Abbott reiterated that it is up to school districts to provide remote, in-person, or hybrid models under the flexibilities (and limitations) offered by the Texas Education Agency (TEA).

ATPE sent a letter to all Texas superintendents this week that included recommendations for how to respond to COVID-19, based on the communications ATPE has received from its membership. These recommendations include implementing a process to consider and make accommodations for staff health concerns; granting requested contract releases or refraining from filing complaints with the State Board for Educator Certification (SBEC) if a staff member resigns due to health concerns that cannot be accommodated; and providing paid leave for staff members who are ordered to quarantine.

ATPE Lobbyist Mark Wiggins was featured in an article by the Texas Signal this week on the confusion that has surrounded a safe school reopening. With an order to open schools but details left up to local decision-makers, educators have gotten lost in the mix of constantly changing messages and guidelines. Wiggins said, “It is a tough situation for people who have dedicated their lives to serving children. In some cases, parents will have a choice for their kids to receive remote instruction, but educators don’t get that choice. Confusion doesn’t inspire confidence.”

The ATPE COVID-19 FAQs and Resources page has frequently-updated answers to common questions from educators. Also be sure to check out ATPE’s recent legal webinar on COVID-19 with explanations of many issues facing educators during the pandemic. ATPE members can also use Advocacy Central to communicate with their elected officials regarding concerns about school reopening and other issues.


ELECTION UPDATE: State Sen. Sarah Eckhardt (D-Austin) was ceremonially sworn into office this week after formally taking the oath two weeks ago. Eckhardt will serve out the remainder of the term left vacant by former Sen. Kirk Watson through 2022. Meanwhile, a potential shakeup is brewing in Senate District (SD) 30 in North Texas. State Sen. Pat Fallon (R-Prosper) is expected to be promoted to the U.S. Congress, creating a vacancy for his Texas Senate seat that is drawing interest from many candidates, including some members of the Texas House of Representatives. This sets up a unique dilemma surrounding the mathematical majority in the chamber and the election of a new House Speaker in January.

In national news this week, Joe Biden selected his former presidential rival and U.S. Sen. Kamala Harris (D-CA) as his running mate. Harris is the first African-American woman and person of Asian-American descent in U.S. history to appear on a major political party’s presidential ticket, and was among the first in the Democratic presidential primary to call for a raise for teachers.

Finally, the U.S. Census is underway and will have a significant impact on how much power Texas holds in Congress. Read more about what’s at stake, as well as the rest of this week’s election news, in this blog post by ATPE Lobbyist Mark Wiggins.


ATPE Vice President Karen Hames participated in a virtual forum hosted by CBS Austin.

ATPE members have been speaking up for their students and fellow colleagues all over Texas this week! ATPE State Vice President and veteran middle school teacher Karen Hames was featured in a statewide virtual forum hosted by CBS Austin this week. During the Wednesday evening broadcast, Hames detailed how her school is approaching in-service days and the school year. She provided advice to parents as they begin school in a completely different environment, saying that a parent’s encouragement during virtual learning is “incalculable.”

ATPE member Myra Rodriguez-Berrones took part in a Q&A panel hosted by Sen. Zaffirini.

Zapata ISD Special Services Teacher and ATPE Member Myra Rodriguez-Berrones also participated in “Back to School? Your Questions Answered,” a Q&A panel hosted by state Sen. Judith Zaffirini (D-Laredo) on Wednesday. Berrones has spent 20 years serving children with special needs and the hard of hearing in Zapata ISD, and shared her thoughts on serving children with special needs in the COVID environment. Berrones also shared tips for engaging children at home, as well as increasing participation for parents of English learners. The panel included representatives from the Texas Education Agency, as well as speakers representing administrators, counselors, and school nurses. You can watch the full Q&A session here.


The Texas Senate Finance Committee released its interim report to the 87th legislature last week. The report comes at a time when committees in both chambers of the Texas legislature have not been able to meet for interim hearings due to COVID-19 concerns and closures. Having just received guidance not too long ago on how to conduct interim business amid the pandemic, many Texas House committees have now posted “formal requests for information” on their websites to gain information without holding a formal public hearing in person. Read more about the Senate Finance Committee report and the House requests for information in this blog post by ATPE Lobbyist Mark Wiggins.


Communication is key in every relationship. That’s why ATPE has partnered with several other education organizations to develop a public online toolkit with tips and suggestions that parents and educators can use during the challenges of virtual instruction. Use ATPE’s open submission form to submit tips from either a parent or educator perspective for classroom engagement, parent and student communication, and more!


The Texas Education Agency updated nearly all of its COVID-19 resources this week, just as some school districts across the state opened for in-person and remote instruction. The agency answered new questions regarding full-day pre-K requirements and funding, the optional and extended transition periods in the beginning of the year, and attendance and enrollment. TEA also created a new “Education Rights and Responsibilities” document for families that outlines what options for instruction and reminds parents of attendance requirements. Districts were notified this week of free training provided by OnRamps for those who are teaching in distance or hybrid learning environments. Additionally, as in the spring, districts will be required to report “crisis codes” for students based on whether the student is receiving in-person, remote synchronous, or remote asynchronous instruction. Lastly, the agency’s resources on educator preparation remind  certification candidates that, under the Governor’s disaster declaration, TEA can reduce face-to-face requirements by 20%. Similarly, the agency is advising educator preparation programs to process probationary certificates for candidates who cannot meet testing requirements (under the Governor’s waiver) as quickly as possible.

Teach the Vote’s Week in Review: Aug. 7, 2020

Sales Tax Free Weekend in Texas starts today and ends Sunday, August 9. Enjoy shopping online, by mail, or in-person (be safe!) as you gear up for the school year with some new clothing and supplies. Before you make your shopping list, check out this week’s wrap-up from the ATPE Governmental Relations team:


Abbott holds press conference on August 4, 2020. (Source)

CORONAVIRUS UPDATE: With congressional negotiations over additional COVID-19 relief legislation at the federal level apparently stalled this week, schools around the country are starting the new school year with lingering concerns about the availability of resources. Here in Texas, Gov. Greg Abbott made a few media appearances this week, mostly reinforcing state actions pertaining to the start of the new school year. On Monday, Abbott told KXAN that teachers should not be concerned with the safety of the school setting, claiming teachers have ther option to teach virtually for “months on end.” As ATPE has been reporting on state guidance issued and revised over the past month, school districts are limited to a maximum of eight weeks of primarily remote learning without risking state funding. Districts are adopting varied remote learning models and are not necessarily offering all teachers the option to teach remotely. ATPE Board Member Christie Smith was featured in KXAN’s story, saying that even though she is eligible for retirement, she is staying in her position to maintain health benefits and job security.

At a Tuesday press conference, Gov. Abbott stressed that local school officials are best equipped to make decisions about when and how to return to school, and he ensured PPE will be provided to districts at no cost. While Abbott stated that Texas has distributed more than 59.4 million masks, 24,000 thermometers, 568,000 gallons of hand sanitizer, and 511,000 face shields to Texas schools, many argue that this allocation will not meet the needs of students and staff for an extended period of time. Commissioner of Education Mike Morath has also said previously that schools should purchase additional PPE beyond what the state is providing. On Thursday, Gov. Abbott held another press conference to discuss considerations for flu season, mainly noting that COVID-19 preparations, precautions, and heightened hygiene and mask wearing practices should make this the tamest flu season yet. Abbott maintained that although COVID-19 vaccines will not be available this fall, flu vaccines are available and “treatments” for COVID-19 are increasingly available.

ATPE Senior Lobbyist Monty Exter participated in a town hall on school reopening this week with Dr. Eliz Markowitz. Exter emphasized the need for creativity and collaboration among district leaders, parents, and educators, as well as the need for consistent and clear state leadership. Other panelists included SBOE member and physician Dr. Matt Robinson and renowned education author Dr. Diane Ravitch.

The ATPE COVID-19 FAQs and Resources page has frequently-updated answers to common questions from educators. Also be sure to check out ATPE’s recent legal webinaron COVID-19 with  explanations of many issues facing educators during the pandemic. ATPE members can also use Advocacy Central to communicate with their elected officials regarding concerns about school reopening and other issues.


ELECTION UPDATE: Former Travis County Judge Sarah Eckhardt formally took office as state Sen. Sarah Eckhardt (D-Austin) last Friday, filling the seat in Senate District (SD) 14 left open by former state Sen. Kirk Watson. Eckhardt finished the July special election with the most votes, but just under the 50% threshold needed to win the election outright. She was headed to a runoff with state Rep. Eddie Rodriguez (D-Austin), until Rep. Rodriguez bowed out of the race. Sen. Eckhardt will fill out the remainder of Watson’s term, which is set to expire in 2022.

John Lewis 📷 Library of Congress

As the nation mourned the passing of civil rights icon U.S. Rep. John Lewis (D-GA), we were reminded of what the congressman had to say about the power of voting to bring about positive change. “My dear friends,” he told a Charlotte, North Carolina, audience in 2012, “Your vote is precious, almost sacred. It is the most powerful nonviolent tool we have to create a more perfect union.”

It’s never too early to start preparing for the next election, which falls on November 3. Gov. Abbott extended early voting by an additional week, which means the polls now open on October 13 and early voting runs through October 30. That means voting begins in just two months!

Our friends at the Texas Educators Vote coalition have put together a handy checklist to make sure you’re ready. October 5 is the deadline to register in time to vote if you haven’t already, so step one is checking to see if your registration is up to date. If you are eligible and plan to vote by mail, apply as soon as possible and return your completed ballot at the earliest possible opportunity. This will help avoid delays in the mail service like we saw during the runoff elections. Finally, don’t forget to head over to the candidates section here at Teach the Vote and research who’s running in your area. And make sure your friends do the same!


David Pore

FEDERAL UPDATE: ATPE Immediate State Past-President Tonja Gray and new State President Jimmy Lee finished a round of virtual meetings with the Texas congressional delegation last week. Along with the ATPE Governmental Relations team and our federal lobbyist, David Pore, Gray and Lee met with several members of the Texas delegation to talk about current issues of concern to educators. Read more about the meetings in this blog post written by Pore.


The Texas Education Agency (TEA) recently posted the adopted Commissioner’s rules for the Local Optional Teacher Designation System under the Teacher Incentive Allotment, which was created by last year’s House Bill 3. The rules incorporated several suggestions made by ATPE during the public comment phase of the rule-making process back in May. These changes include a reference to the statutory definition of educator within the rules, a clarification of the eligible role codes for teachers to earn or receive designations, the requirement of an implementation plan in response to annual surveys about the designation system, and other clarifying language on teacher eligibility and the approval process for district plans.


School nutrition has been one of the many challenges incurred by the public education system since the COVID-19 pandemic began and schools were forced to close their doors. In the spring of 2020, school districts continued to pay nutritional services staff while taking on higher costs associated with food delivery and menu changes to make more hygienic and simple grab-and-go options for families. At the same time, and even with waivers in place, fewer students accessed school meals. This double-whammy created a financial strain for districts, which run a nearly net-zero food operation. Without more waivers or funding, districts could be looking at a tough year for food service in 2020-21, which isn’t good news for students who rely on the school for this basic necessity. Read more about nutrition and COVID-19 in this blog post by ATPE Lobbyist Andrea Chevalier.


The U.S. Census Bureau announced this week that field data collection will end one month early, on September 30 rather than October 31. Census Bureau Director Steven Dillingham insisted that the remaining weeks of field work, which are crucial to an accurate count of hard-to-count communities, will be handled with diligence in order to provide apportionment counts by the statutory deadline of December 31, 2020. Texas currently ranks #39 in the nation with a self-response rate of 58%. Without a complete count, Texas risks an imbalanced and inaccurate congressional representation, non-representative redistricting, and funding cuts to programs that benefit all Texans, such as roads and public education. Encourage everyone you know to complete their census questionnaire and have their own network complete the census, too. It is easier than ever and can be completed online. Read more about this recent development in this census reporting by the Texas Tribune.


The closure of the Texas State Capitol on account of the COVID-19 pandemic has hampered the ability of state legislative committees to conduct their interim work. On July 16, Texas House Speaker Dennis Bonnen notified House committees of their options for carrying out interim committee business during COVID-19. One of the options is to post “formal requests for information” on the House website so that committees can gather written information from the public and post it publicly in lieu of holding an in-person hearing. Several House committees posted formal requests for information this week, including the House Higher Education Committee, House Pensions, Investments, and Financial Services Committee, and House Appropriations Article III subcommittee.

The Texas Senate has not yet provided notice on planned committee proceedings options during the pandemic. However, the Senate Finance Committee has gone ahead and released its interim report this Friday afternoon. In addition to general finance discussions, the report includes some recommendations for investment strategies of state funds such as the Teacher Retirement System (TRS) pension fund and the Permanent School Fund. Stay tuned to Teach the Vote on Monday for a more detailed look at the interim committee report released today.

ATPE advocacy never stops. Get involved outside the legislative session.

When people think about public education advocacy, many naturally think about the legislature and the 140-day legislative session that occurs every two years. To be sure there is a lot of action during session, but there are also plenty of ways for public education advocates, including ATPE’s professional lobby team and members of the general public who care about the issue, to stay engaged outside of a legislative session.

Two primary areas of engagement during the interim are interacting with state regulatory boards and agencies and following interim charges to legislative committees.

Boards and agencies, such as the State Board of Education or the Teacher Retirement System, do the day-to-day work of implementing the laws enacted by the state legislature. This work happens year-round and these entities have a huge impact on shaping the law through their interpretation and implementation of it. Stakeholders can share their input with boards and agencies through administrative rulemaking processes and at public meetings.

State board and agency rules are contained in the Texas Administrative Code. Each week, proposed and newly adopted rules are published in the Texas Register through the Secretary of State’s office. Both resources are available to the public.

For example, just this week ATPE submitted comments on multiple administrative rules.

  • ATPE formally commented on proposed changes to commissioner’s rules governing school district-charter partnerships under Senate Bill 1882 of 2017.
  • We joined with the Texas Association of Future Educators in recommending rule revisions by the State Board for Educator Certification (SBEC) that could benefit high school students who are interested in careers in the classroom.
  • ATPE also shared concerns about SBEC rules relating to master teacher certificates that are slated to be eliminated as a result of 2019’s House Bill 3 (2019).

In addition, we attended this week’s State Board of Education meetings, as ATPE Lobbyist Mark Wiggins has reported on here and here for Teach the Vote. These are examples of advocacy efforts that, while related to actions taken by the legislature, take place in entirely different arenas. Rulemaking happens at the federal level, too. Through our Washington, DC-based lobby team, we are able similarly to stay on top of federal regulatory actions that might affect ATPE members.

Legislative committees have also begun conducting interim hearings that will continue to ramp up over the summer. These hearings give lawmakers an opportunity to monitor the implementation of recent legislation and to discuss the House interim charges and Senate interim charges. Public testimony is often allowed at these meetings, and committees may also invite expert witnesses to sit on panels or speak about an issue. Interim charges, and the hearings at which they are discussed, often provide the basis for major legislation in the upcoming legislative session. Becoming involved in the shaping of bills before they are ever filed puts savvy advocates way ahead of the game.

ATPE will engage in these and many other advocacy opportunities throughout the interim on behalf of our 100,000 members, and we encourage educators and others who care about public education to do the same. Take the time to share your input with decision-makers during this important, sometimes overlooked advocacy period. ATPE advocacy never stops!

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. 8, 2019

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


ELECTION UPDATE: Thank you to all who voted in Tuesday’s general election!

All three special elections to fill vacated Texas House of Representatives seats are headed to runoffs. Additionally, of the 10 constitutional amendments on the ballot Tuesday, nine were approved by voters. Check out this election results post by ATPE Lobbyist Mark Wiggins to learn more about how candidates and ballot measures fared on Nov. 5. Wiggins also has you covered on nationwide election news, including the recent exit from the presidential race of former Texas Congressman Beto O’Rourke. This just in: State Rep. Poncho Nevarez (D-Eagle Pass) announced late Friday he will not run for reelection in 2020. Nevarez chairs the House Homeland Security and Public Safety Committee. You can read more about his announcement in this post by the Texas Tribune.

In additional election-related news, our friends at TexasISD.com report that local voters passed 81 percent of the 63 school district bond elections held around the state during Tuesday’s election. When votes were tallied up, more than 93 percent of the total value sought by all districts statewide being approved. These high passage rates are a continued sign that the public overwhelmingly supports their local public schools and additional spending on those schools’ and students’ needs.

If you didn’t get the chance to vote this time, your next opportunity will be the primary election on March 3, 2020. The deadline to register to vote in the primary is Feb. 3, 2020. Check to see if you are registered to vote here. Need some inspiration? Read ATPE Lobbyist and former educator Andrea Chevalier’s voting story.


Do you have a couple of minutes to spare? The ATPE Governmental Relations team invites all ATPE members to take a short, three-question survey about the most recent legislative session and your education priorities. Help us best represent your voice at the Texas Capitol by taking our new “Your Voice” survey on ATPE’s Advocacy Central. You must be signed into the ATPE website as a member to participate in the survey, so call the ATPE Member Services department at (800) 777-2873 if you’ve forgotten your password.


The Texas Education Agency (TEA) announced on Wednesday plans for the state to take over management of Houston ISD and two rural school districts, Shepherd ISD and Snyder ISD. Commissioner of Education Mike Morath cited two reasons for the takeover of Houston ISD: “failure of governance” and the consistent under-performance of Wheatley High School in the district. Houston ISD serves over 200,000 students. The takeover of all three school districts will entail replacement of each elected school board by a state-appointed Board of Managers and the appointment of a state conservator. Learn more in this reporting from the Texas Tribune.


This week the U.S. Secret Service’s National Threat Assessment Center released a comprehensive analysis of targeted school violence. The report, focused on K-12 schools for the period of 2008 to 2017, details common trends among the school attacks. One significant finding was that, while there is no typical “profile” of a perpetrator, they do exhibit certain warning signs and traits. These include having been a victim of bullying, an adverse childhood experience, a mental health issue, access to firearms, and motive typically involving a grievance with classmates or school staff. Read a summary of the report from Education Week here, or read the full report here.

Back home in Texas, the House Select Committee on Mass Violence Prevention and Community Safety held its third public meeting this week. The hearing took place in Odessa, the site of one of the recent shooting attacks that garnered national attention. The committee heard several hours of testimony from local families and law enforcement, some of whom had lost loved ones in the Midland and Odessa shooting on Aug. 31, 2019. Testifiers pleaded for a more effective background check system and the integration of mental health information into the public safety system. Legislators and law enforcement officials discussed prevention strategies focused on more cohesive communication, such as a regional communications center. A recording of the hearing can be found here. Read more about the hearing from local CBS7 in Midland here.


Next week on Teach the Vote, we’ll be updating all state legislators’ profiles on our website to incorporate voting records from the 86th legislative session. ATPE’s lobbyists have analyzed all the education-related votes taken during the 2019 legislative session and selected a collection of recorded votes that will help Texans find out how their own lawmakers voted on major public education issues and ATPE’s legislative priorities. By sharing this information, we hope to help voters gain insight into legislative incumbents’ views on public education so that they can make informed decisions at the polls during the critical 2020 election cycle.

The candidate filing period opens this weekend for those seeking a place on the ballot in 2020. Once the candidate filing period ends, ATPE will be updating our Teach the Vote website to include profiles of all the candidates vying for seats in the Texas Legislature or State Board of Education. Stay tuned!


 

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.


 

Senate interim charges include investigating educators’ political activity

Lt. Gov. Dan Patrick (R-Texas) released interim charges for state senators late Wednesday. The Senate interim charges for the 86th Texas Legislature include language mirroring that used to justify a pair of bills this past session that were aimed at discouraging educators from being politically active.

After every legislative session, the Senate and House each release their own set of interim charges. Individual charges are assigned to each legislative committee and represent those legislators’ “homework” before returning to Austin for the next session. The idea is that members of each committee will study those charges, conduct hearings during the interim, and return the following legislative session prepared to file bills on those topics. The charges also typically include directions to monitor the implementation of bills recently passed into law and recommend any adjustments that may need to be made during the next legislative session.

The 2019 Senate interim charges include studying educator recruitment, preparation, and retention; a review of disciplinary alternative education programs (DAEP); studying the Texas Education Agency’s (TEA) corrective action plan for special education; a review of how investments are made by the Teacher Retirement System (TRS) and the Permanent School Fund (PSF); monitoring school districts’ implementation of the increases to teacher compensation ordered under House Bill (HB) 3; and investigating advocacy by local communities and public schools misleadingly characterized as “taxpayer lobbying.”

Of particular note is a charge directing the Senate State Affairs Committee to “ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.” While ATPE fully agrees that public funds should not be used for electioneering, unfounded accusations targeting educators were used during the 2019 legislative session to justify a pair of bills aimed at chilling educators’ political speech. It is particularly worth noting that these accusations were leveled by officials who have taken positions opposed to public education in the past and were made following a 2018 election cycle in which the public education community was acknowledged to have played a major role in electing pro-public education candidates.

Senate Bill (SB) 1569 by Sen. Pat Fallon (R-Prosper) would have dramatically expanded the legal definition of electioneering solely as it applies to educators. It would have subjected educators to criminal penalties for violating “political advertising” laws if they engage in the act of discussing anything of a political nature on school property, regardless of whether that conversation occurred in private, between friends, or off the clock. A similar bill, SB 904 by state Sen. Bryan Hughes (R-Mineola) would have imposed cumbersome restrictions on e-mail signups and public WiFi systems. You can read more about those bills here and here. Notably, Sen. Hughes has recently been appointed by Lt. Gov. Patrick as the new chairman of the State Affairs Committee that will conduct this investigation during the interim and would likely hear any such bills filed next session.

The following list includes excerpts from the 2019 Senate interim charges that may be of interest to educators. The charges are broken up by committee, each of which is listed in bold. You can read the full list of all interim charges released on Wednesday here.

Senate Committee on Criminal Justice

Crimes Against Students with Disabilities: Examine whether current laws are effectively protecting students with disabilities. Make recommendations to improve student safety, while also protecting educators’ abilities to maintain order and safety for everyone in the classroom.

Senate Education Committee

Teacher Workforce: Examine best practice models to recruit, prepare, and retain highly effective teachers. Review teacher professional development, continuing education, and training for teachers, and recommend improved training methods to improve student academic outcomes.

Alternative Education Students: Study current local, state, and national policies and programs for alternative education student populations. Make recommendations to strengthen existing programs and encourage the development of new innovative models.

Adult Education: Identify and evaluate current innovative programs that assist non-traditional students (first-time adult learners, re-enrolling students, working adults, and educationally disadvantaged students) in completing a high school diploma, GED, post-secondary degree, or workforce credential, including a review of adult education charter schools and their performance framework. Make recommendations to help successful expansion with partnered business and education entities.

Disciplinary Alternative Education Programs: Review disciplinary alternative education programs, including lengths of placement, quality of instruction, and the physical conditions of these facilities. Make recommendations to support and promote the academic success of these programs and enhance the ability of public schools to meet the needs of these students through innovative school models.

Digital Learning: Assess the Texas Virtual School Network and recommend model legislation that improves digital learning for students, families, and educators in a 21st Century classroom.

Special Education Services: Evaluate ongoing strategies to continuously improve special education services for students in public schools including, but not limited, to the Texas Education Agency’s corrective action plan.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Education passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 11, relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium; House Bill 3, relating to public school finance and public education; and House Bill 3906, relating to the assessment of public school students, including the development and administration of assessment instruments, and technology permitted for use by students.

Senate Finance Committee

Investment of State Funds: Review the investment strategies and performance of funds invested through the Teacher Retirement System, the Permanent School Fund, and university funds. Make recommendations to better coordinate and leverage Texas’ purchasing power to maximize investment income to the state.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Finance passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 12, relating to the contributions to and benefits under the Teacher Retirement System; …House Bill 4388, relating to the management of the permanent school fund by the School Land Board and the State Board of Education and a study regarding distributions from the permanent school fund to the available school fund; House Bill 4611, relating to certain distributions to the available school fund; …District implementation of increases in teacher compensation provided by the 86th Legislature; and Efficiencies in state-funded health care programs that reduce or contain costs and improve quality of care. Assess the quality and performance of health plans that contract with the state, including contract compliance, financial performance and stability, quality metrics, and consumer surveys, among other indicators. Monitor the implementation of Health and Human Services Commission Rider 19 and Article IX, Section 10.06.

Senate State Affairs Committee

Elections: Study the integrity and security of voter registration rolls, voting machines, and voter qualification procedures to reduce election fraud in Texas. Specifically, study and make recommendations to: 1) ensure counties are accurately verifying voter eligibility after voter registration; 2) improve training requirements for mail-in ballot signature verification committees; 3) ensure every voter has access to a polling station, particularly in counties that have adopted countywide polling; 4) allow the voter registrar, county clerk, and Secretary of State to suspend an unqualified voter’s registration or remove an ineligible voter from a list of registered voters; and 5) ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.

Taxpayer Lobbying: Study how governmental entities use public funds for political lobbying purposes. Examine what types of governmental entities use public funds for lobbying purposes. Make recommendations to protect taxpayers from paying for lobbyists who may not represent the taxpayers’ interests.

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.