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86th Legislative Session Highlights from ATPE

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

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

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

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


School Finance:

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

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

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

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

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

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

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Educator Pay: 

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

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

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

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

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

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

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

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Teacher Retirement System (TRS):

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

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

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

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School Safety and Student Health: 

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

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

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

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

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

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

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

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Student Testing:

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

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

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

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Special Education:

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

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

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

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

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Payroll Deduction:

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

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

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Class Sizes:

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

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Private School Vouchers:

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

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

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

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Charter Schools:

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

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

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

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

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

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Student Discipline:

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

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

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School Turnaround:

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

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

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

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

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Political Speech:

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

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

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

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

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

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House Public Education Committee hears 31 bills on playgrounds, pre-K, and more

House Public Education Committee meeting, April 23, 2019

On Tuesday, April 23, 2019, the House Public Education Committee heard 31 bills relating to a variety of topics, including the use of school counselors’ time, special education evaluation notices, the role of the fine arts curriculum, and creating inclusive playgrounds that are accessible to all students.

ATPE supported several bills considered at the hearing, including:

  • House Bill (HB) 142 (Moody, D-El Paso): Would require TEA to develop a notice for distribution and internet posting that includes reporting changes for special education indicators and the rights of children to special education evaluation. Would also require districts to include additional information on the notice about initiating a referral for special education services. Rep. Moody stated that there is money set aside in the proposed state budget to accomplish the goals of his bill.
  • HB 727 (Gonzalez, M., D-Clint): Would require that school boards adopt a policy requiring school counselors to spend at least 80% of their time on core counseling duties. If the district can’t meet this requirement, the policy must include reasons why, duties the counselor will have to do, and set the actual percentage in the policy.
  • HB 1763 (Blanco, D-El Paso): Would add children of educators employed by school districts to the eligibility list for free pre-kindergarten.
  • HB 4030 (Dominguez, D-Brownsville): Would provide funding for school districts to provide at least one playground in the district that is inclusive and accessible for students with disabilities.
  • HB 4414 (Allison, R-San Antonio): Would require TEA to develop a rubric for Regional Education Service Centers (ESCs) to use for identifying resources related to student mental health. ESCs would be required to use the rubric and report back to TEA. TEA would also have to create a statewide inventory of mental health resources and a statewide plan for student mental health.

During Tuesday’s hearing, ATPE also provided written testimony against HB 3623 by Rep. Matt Schaefer. The bill would affect teachers employed under continuing contracts, making them eligible to stay in their jobs only if the majority of their students meet a “minimum growth standard” to be determined by the district and approved by the Commissioner. ATPE testified that HB 3623’s reliance on an unspecified “minimum growth standard” hints at the use of value-added modeling (VAM), which has been widely criticized as a tool that improperly uses students’ standardized test scores for high-stakes purposes. ATPE also pointed out that many teachers do not teach tested subjects or grades. ATPE’s testimony also questioned what the due process protections would be for affected teachers whose students do not meet the standard. In the hearing, Rep. Schaefer faced questions from Reps. Allen, Gonzalez, and Talarico on the vagueness of what “growth” means in the bill and on the importance of other non-academic factors. Read ATPE’s written testimony on HB 3623 here.

The following bills were also heard by the House Public Education Committee on Tuesday:

  • HB 535 (Neave, D-Dallas): Would require students to complete the Free Application for Federal Student Aid (FAFSA) or Texas Application for State Financial Aid (TAFSA), in order to graduate, with some exceptions. Rep. Neave noted that this was recommendation #27 in the Texas Commission on Public School Finance final report issued last year.
  • HB 2217 (Raymond, D-Laredo): Would provide that school boards do not have to hear complaints concerning parent participation in extracurricular activities that do not involve a violation of a right.
  • HB 2526 (Leach, R-Plano): Would enable students whose parent(s) reside within the school district to be granted automatic admission. Rep. Leach shared that this bill would fix the predicament of his constituent who had the district boundary line in her backyard.
  • HB 3005 (Talarico, D-Round Rock): Would open college preparatory math and English language arts courses to 11th graders who demonstrate that they would otherwise be unable to take it in their 12th grade year and complete the requirements for high school graduation. Rep. Talarico said the bill was requested by Pflugerville ISD.
  • HB 3025 (Talarico, D-Round Rock): Would allow districts or schools to provide parents with a facilitated meeting with the school counselor regarding accepting or declining a special education evaluation on behalf of the student, should the parent dispute the referral. Rep. Talarico said this bill was brought to him by special education advocates.
  • HB 3026 (Talarico, D-Round Rock): Would require that school districts with 400 or more students have a ratio of 400:1 students to behavioral health professionals (which includes school counselors, licensed specialists in school psychology, social workers, and licensed professional counselors). The bill also outlines duties of the mental health professional within the school setting.
  • HB 3153 (Raymond, D-Laredo): Would allow a nepotism exception for a teacher in a subject or geographic area certified as a critical shortage area.
  • HB 3179 (Stucky, R-Denton): Would require the Commissioner to adopt rules to allow districts to submit information in the Public Education Information Management System (PEIMS) on the cost of assessments, including administration, participation, preparation, and training.
  • HB 3316 (White, R-Hillister): Would expand the campus crime stoppers program by adding school districts and charters to the entities that a crime stoppers organization reports to, as well as adding threats to public safety or an individual to the activities that the crime stoppers report on. This bill would also add a student advisory member to the program.
  • HB 3344 (Bucy, D-Austin): Would add fine arts to the required foundation curriculum. Rep. Bucy stated that students in fine arts have better educational outcomes.
  • HB 3452 (Dutton, D-Houston): Would require the Commissioner to evaluate all dropout recovery schools under the alternative education accountability system, and to only consider performance at the level of “approaches grade level.” The “closing the gaps” domain would be used for reporting purposes only.
  • HB 3489 (Cole, D-Austin): Would require TEA to create a task force on sex-based harassment in schools to evaluate and provide recommendations and best practices, including school district professional development.
  • HB 3651 (Davis, Y., D-Dallas): Would require the Commissioner to conduct a study on the relationship between district size, cost, and academic effectiveness.
  • HB 3851 (Lang, R-Granbury): Would require the Comptroller to publish and maintain a list of unfunded mandates and report to the legislature on findings about the benefits and costs of each mandate.
  • HB 3880 (Wilson, R-Marble Falls): Would transfer the duty to develop and provide information to students about steroids from the State Board of Education (SBOE) and TEA to the Department of State Health Services Mental Health and Substance Abuse, in conjunction with the University Interscholastic League (UIL).
  • HB 3888 (Ramos, D-Richardson): Would add suicide to the conditions addressed by the school health advisory council (SHAC). Would also add require SHACs to provide strategies to increase parental awareness regarding risky behaviors, early warning signs of suicide risks, and available community programs and services to address these. The bill would require districts where at least 70% of the students are educationally disadvantaged, homeless, or in foster care to develop and implement a plan to increase parent and student knowledge of behavioral health disorders and treatment options.
  • HB 4094 (Beckley, D-Carrollton): Would require districts to make at least one attempt by phone or e-mail during each week of a student’s meal account grace period to make arrangements with the parent for payment of a negative balance and help the parent complete an application for free or reduced price lunch (FRPL). After the grace period ends, the district may allow the student to continue purchasing meals or provide alternative meals at no cost. The bill would also allow districts to pay a negative balance using donations.
  • HB 4186 (Sanford, R-McKinney): Would create the “Next Generation Commission on Digital Learning” to make recommendations for a framework for digital teaching and learning in public schools following the same structure as last year’s school finance commission.
  • HB 4302 (VanDeaver, R-New Boston): Would prohibit issuance of subpoenas for audio/video surveillance of special education settings unless they meet under Texas Education Code (TEC) Section 29.022. Rep. VanDeaver cited a case  in which video was subpoenaed to observe the “educational record” of a student that did not involve complaints of abuse or neglect. Only cases of abuse or neglect were the focus of the original intent of the video camera law enacted in 2015.
  • HB 4313 (Dominguez, D-Brownsville): Would require the UIL to create an adaptive sports program for students with disabilities.
  • HB 4324 (VanDeaver, R-New Boston): Would allow the Commissioners of both TEA and the Texas Higher Education Coordinating Board (THECB) to approve a format of electronic submission of student records, such as the Texas Records Exchange (TREx), that allows for the transfer and efficient and effective extraction of data elements from student transcripts.
  • HB 4383 (Bohac, R-Houston): Would require school districts and charters to prepare a list of instructional materials provided to students that cover each Texas Essential Knowledge and Skills (TEKS) element. This list would be part of an existing annual certification that each district and charter school must submit to the SBOE and Commissioner.
  • HB 4578 (Gervin-Hawkins, R-San Antonio): Would require the SBOE, TEA, and stakeholders to enter into a memorandum of understanding on the development of culturally inclusive instruction.
  • HB 4589 and HJR 150 (Anchia, D-San Antonio): Would add a “global competitiveness” objective to the public education mission in the Texas Constitution by stating that students will earn a post-secondary credential after high school. This bill would also require that each legislature establish standards that public schools must satisfy and align then with the state’s “60×30” plan, which provides that by 2030, at least 60 percent of Texans ages 25-34 will hold a certificate or degree.

At the end of Tuesday’s House Public Education Committee hearing, Chairman Huberty announced that the committee will meet again on Wednesday afternoon, April 24, to vote on pending bills that have already been heard. He added that next week the committee will meet to hear mainly Senate bills that have made their way over to the House and been referred to House Public Education. Up to this point, the committee has not yet heard any public testimony on Senate bills, so stay tuned!

ATPE and others testify on school finance commission recommendations

This week, the House Public Education Committee received feedback from various stakeholders regarding recommendations of the Texas Commission on Public School Finance. Tuesday and Wednesday, committee members heard testimony from panels including three former House Public Education Committee chairs, superintendents, trustees, teachers, and representatives of education associations. Rural, suburban, and urban districts were represented, as well as charter and traditional public schools.

The overwhelming majority of testifiers expressed support for the commission’s recommended increase in the spectrum weight and the dual language weight. These would help create equity by funding certain student populations at higher levels. Most witnesses also commended the commission’s recommendation to fund early childhood education, but were concerned with its sustainability and with tying it to third-grade reading scores.

Among the concerns commonly expressed by stakeholders was outcomes-based funding. District leaders said they would like  local flexibility in implementing merit-based, outcomes-based, or performance-based funding mechanisms for their teachers. Apprehension with outcomes-based funding derived from mistrust or lack of confidence in the current assessment system’s ability to accurately capture student learning. In fact, an equal proportion of Tuesday’s discussions seemed to focus on assessment as on school finance. Some leaders expressed that tying funding to tests would reinforce teaching-to-the-test, and some stakeholders suggested that base teacher pay be addressed before additional incentive mechanisms.

Stakeholders representing small and midsize districts (up to 5,000 students) also expressed concern with the commission’s recommendation to move the small and midsize funding adjustment out of formula, which could alter funding to these special student populations, affecting the districts’ ability to meet federal obligations for financial maintenance of effort under the Individuals with Disabilities Education Act (IDEA).

Overall, stakeholders also expressed concerns with any funding changes that were not part of the base formula, given that similar funding approaches in the past have been less reliable. An example cited was Pre-Kindergarten (Pre-K) funding under House Bill (HB) 4 of 2015, which created an optional grant program should districts decide to offer high-quality Pre-K. Another potential funding change discussed this week was the Cost of Education Index (CEI). While some testified that they were uncomfortable with the idea of the CEI being eliminated, Chairman Dan Huberty (R-Kingwood) reiterated his intent for definite removal of the CEI in any school finance overhaul this session.

While this week’s testimony nearly always touched on teacher compensation, an important aspect of teaching beyond pay arose in the conversations: mentoring. A few witnesses expressed that the best first-year investment is a mentor teacher and that having mentor teachers is another way to provide extra compensation. Special education is another topic that came up during the hours of testimony, even though it was not widely broached by the commission last year other than through a discussion of funding for dyslexia. In testimony, several special education advocates suggested revamping the way special education is funded, which is currently done by placement rather than services. Chairman Huberty was favorable to the ideas presented.

Monty Exter

ATPE Senior Lobbyist Monty Exter, was last to testify Wednesday evening. He shared that ATPE supports the commission’s recommended changes to the weights, local flexibility in spending weighted dollars, and increases to the basic allotment. He expressed concerns with outcomes-based funding and suggested an adequate base increase for teachers and others on the education team first. Exter also offered that inputs should be incentivized as well, in a similar way to how high-quality Pre-K was incentivized through the HB 4 grant program. Lastly, Exter testified that teacher quality is related to educator preparation, another topic that cannot be forgotten when discussing increasing teacher effectiveness.

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

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


Legislators and SBOE members gathered for the board’s swearing-in ceremony, Jan. 28, 2019.

The State Board of Education (SBOE) held its first meetings of the new year this week in Austin. ATPE Lobbyist Mark Wiggins attended the meetings and provided updates for our blog.

Things kicked off on Monday when all members of the board, both newly elected and re-elected, were sworn in by Senate Education Committee Chair Larry Taylor (R-Friendswood). Members of the board adopted operating rules for the body, discussed the board’s authority in relation to charter schools, and also approved committee assignments and officer elections,  including naming Marty Rowley (R) of Amarillo as Vice Chair and Georgina Perez (D) of El Paso as Secretary of the board. Additional committee assignments and chair appointments can be viewed in this blog post from Wiggins.

On Tuesday, the board was briefed by Texas Commissioner of Education Mike Morath on the “State of the State of Public Education” annual report. Morath also discussed the creation of curriculum guides by the Texas Education Agency (TEA), educator compensation, and other topics as noted in this blog post. Wednesday, the board participated in a learning roundtable at the Austin Convention Center where it discussed its Long-Range Plan for Public Education, a list of goals and recommendations to improve public schools by 2030.

Lastly, the SBOE ended its meetings by unveiling today the new logo for the Permanent School Fund, which was designed by Melissa Richardson of Dripping Springs High School as part of a contest. The board will meet again on April 2-5, 2019.

 


SPECIAL ELECTION UPDATE: El Paso residents turned out on Tuesday to elect a new state representative for Texas House District 79. El Paso Community College Chairman, Art Fierro, won the House seat with 53% of the votes in the special election. Fierro will be completing the term of former Rep. Joe Pickett who resigned recently due to health complications. Fierro’s term will expire in 2021. ATPE congratulates Representative-Elect Fierro and looks forward to working with him.

Meanwhile, some Houstonians will still have to wait in order to find out who will be replacing former Rep. Carol Alvarado, who vacated her House seat in District 145 order to run successfully for the Texas State Senate in another special election for Senate District 6. As for the new representative for House District 145, the race has been narrowed down to two Democratic candidates, Christina Morales and Melissa Noriega. The date of the runoff election for HD 145 has not yet been announced.

Lastly, one more seat in the Texas House remains vacant, that of San Antonio Democrat Justin Rodriguez who vacated his seat to run for (and get elected) Bexar County commissioner. Early voting for the House District 125 special election begins Monday with the election being held on Feb. 12. View profiles of the special election candidates on Teach the Vote, and read more about each race in this article by The Texas Tribune.

 


Earlier today, the Texas Education Agency (TEA) released its accreditation statuses for Texas public schools for the 2018-19 school year. The statuses based on academic accountability ratings and the Financial Integrity Rating System of Texas (also known as School FIRST) recognize schools and districts that meet certain academic and financial benchmarks. According to TEA, 99% of Texas schools were designated as accredited for the 2018-19 year. More information can be found in this press release from the agency.

 


House Committee on Public Education

The House Public Education Committee convened its first meeting of the regular session this week. Led by Chairman Dan Huberty (R-Kingwood) who is serving his third term as chair, the committee heard from Texas Education Agency (TEA) staff about issues such as STAAR testing, educator certification, and TEA’s Special Education Strategic Plan. The committee will reconvene several times over the next two weeks to hear invited testimony from members of the Texas Commission on Public School Finance and other stakeholders regarding the commission’s recommendations for school finance reform. Learn more in this blog post from ATPE Senior Lobbyist Monty Exter, who attended this week’s first hearing.

 


The House Appropriations Committee also began meeting this week. ATPE Senior Lobbyist Monty Exter attended the first few meetings and provided this update. After opening remarks from Chairman John Zerwas (R-Fulshear), including some gentle ribbing about punctuality that will likely turn into a session long running joke, the committee heard from what is likely the last stop on the Comptroller’s biennial revenue estimate tour. The committee also received from the Legislative Budget Board (LBB) some high-level budget numbers, including  on public education and the Teacher Retirement System (TRS). The committee is scheduled to hear more in-depth testimony on TRS, school safety, and school finance on Monday, Feb. 4. Most of the truly in-depth work on the initial House budget bill is done by subcommittees, including an Article III subcommittee that reviews the education portion of the budget. The members of those subcommittees are determined by the chairman of the Appropriations Committee and will likely be named next week.

The Senate Finance Committee also continued to meet this week but on areas other than public education. The Senate committee will turn its attention to education funding later this month, and ATPE’s lobby team will provide updates here on our Teach the Vote blog.

 


 

House Public Education Committee kicks off its session work

House Committee on Public Education, 86th Texas Legislature

This week, the Texas House Public Education Committee met for the first time this session. State representatives serving on the committee this session are as follows:

Chairman Huberty, who is returning for his third session as chair of the committee, opened the first hearing by welcoming new and returning members and emphasizing the non-/bi-partisan nature of the committee’s work. He shared a story about the glass apple he keeps in front of him on the dais during each hearing. The apple was given to him by a supporter, friend, recently retired teacher, and long-time ATPE member, Gayle Sampley.

After the chairman’s opening remarks, the committee heard a series of presentations from various high-level staff at the Texas Education Agency (TEA) meant to update the committee on a range of education issues. Links to the individual presentations can be found below:

It is worth noting that during Franklin’s presentation on educator certification, the chair questioned whether the State Board of Education (SBOE) should continue to have oversight and veto authority over rulemaking by the State Board for Educator Certification (SBEC). Under state law, the elected SBOE has the ability to review and reject rules that have been adopted by SBEC board, whose members are appointed by the governor. The SBOE cannot change SBEC rules, however, and any veto of an SBEC rule, which is extremely rare, essentially requires the certification board to start its rulemaking process over to correct perceived flaws in the rule. ATPE has supported and often relied on SBOE’s oversight of SBEC rules to help prevent the enactment of policies that would be detrimental to teachers or overall teacher quality,.

During the hearing, Chairman Huberty also laid out the committee’s schedule for the next two weeks. First, the committee will meet twice next week on Feb. 5 and 6 to hear from selected members of the Texas Commission on Public School Finance regarding the current condition of Texas’s school finance system and the commission’s recommendations for changes to tit. During the following week, on Feb. 11 and 12, the committee plans to hear invited testimony from a broad range of experts and stakeholders who have comments and concerns with the commission’s plan, or who may want to offer solutions of their own for the committee to consider as it begins its work moving forward a bill to overhaul the state’s school finance system.

Teach the Vote’s Week in Review: Jan. 11, 2019

Happy New Year! Here’s your first weekly wrap-up of education news from the ATPE Governmental Relations team:


Tuesday, January 8, kicked off the 86th Texas Legislative Session amid great fanfare at the State Capitol.

Representative Dennis Bonnen (R-Angleton) was unanimously elected and sworn in as the new Speaker of the House on Tuesday afternoon. For the past 10 years, the House has been under the leadership of Rep. Joe Straus (R-San Antonio) who retired from the position and the legislature at the end of his term this month. Bonnen announced in November 2018 that he had amassed the requisite number of pledged votes to render the speaker’s race not much of a race at all. After that there was only the vote and ceremonial swearing in, which took place on Tuesday. Read more about Bonnen’s ascent to speaker in this post shared from The Texas Tribune.

On the Senate side, Lt. Gov. Dan Patrick (R) was missing from Tuesday’s proceedings while visiting with President Donald Trump in Washington, DC, that day on the subject of border security. Sen. Jane Nelson (R-Flower Mound) presided over the upper chamber’s opening ceremonies in his place. The Senate swore in its new members and also elected Sen. Kirk Watson (D-Austin) to serve as President Pro Tempore this session.

Gov. Greg Abbott spoke briefly to welcome the members of each chamber, signaling his intent for the legislature to tackle school finance reform and property tax relief this session. Bonnen and Watson also highlighted the prominence of the school funding issue this session, with new House Speaker going as far as announcing that he had stocked the members’ lounge with special styrofoam cups to remind them of their top priority: school finance reform. Improving the state’s school finance system is also a top legislative priority for ATPE this year.

ATPE Lobbyists Mark Wiggins and Monty Exter snapped a selfie with Humble ATPE’s Gayle Sampley and her husband at the Capitol on opening day.

ATPE’s lobbyists were at the Capitol on opening day and will be there for all of the action this legislative session. Be sure to follow @TeachtheVote and our individual lobbyists on Twitter for the latest updates from the Capitol.

ATPE members are also encouraged to sign up for free to attend our upcoming lobby day and political involvement training event known as ATPE at the Capitol on Feb. 24-25, 2019. Find complete details here.

 


While the legislative session officially began on Tuesday, Texas Comptroller Glenn Hegar made news the day before with his release of the state’s Biennial Revenue Estimate (BRE). The BRE details how much money the state plans to receive and how much of it can be spent in any given legislative session.

Monday’s BRE announcement predicted revenue of $119.12 billion for the 2020-21 biennium. This biennium’s BRE comes with tempered expectations, which Hegar attributed to a drop in oil prices, market volatility, and rising interest rates. “Looking ahead to the 2020-21 biennium, we remain cautiously optimistic but recognize we are unlikely to see continued revenue growth at the unusually strong rates we have seen in recent months.” Hegar said in the report.

Once the comptroller has released the BRE for each legislature, the Legislative Budget Board (LBB) meets to set the session’s constitutionally-required spending limit. ATPE Senior Lobbyist Monty Exter reports that the LBB met today and set a limit of $100.2 billion for spending this session. The constitutional spending limit is set by applying the percentage of growth, which is determined by many factors, to the previous biennium’s spending limit. The constitutional limit applies only to expenditures of general revenue that is not constitutionally-dedicated. By comparison, the non-dedicated-revenue spending limit for the 85th session in 2017 was roughly $91 billion, whereas the total general revenue appropriated by the legislature that year was $106.6 Billion. As Exter explains, neither withdrawals from the Economic Stabilization Fund (the state’s so-called “Rainy Day Fund”) nor supplemental appropriations for the current biennium will count toward the constitutional limit that was announced today.

The Legislature must now decide what to do with its available revenue. Rest assured, they haven’t been given a blank check to do as they please. According to reporting by the Center For Public Policy Priorities the legislature must immediately spend $563 million as back pay for Medicaid funding that was deferred until this session. The legislature will also have to determine where $2.7 billion for Hurricane Harvey recovery costs will come from.

For more detailed reporting on the BRE as well as link to the full report, check out this blog post by ATPE Lobbyist Mark Wiggins.

 


Late last week, the House Committee on Public Education released its interim report covering the committee’s work over the past year on interim charges assigned to it by the House Speaker. The report, which spans 88 pages, includes recommendations on how to approach a variety of education-related issues this session, such as Hurricane Harvey relief, teacher compensation, and school safety.

Rep. Dan Huberty (R-Kingwood) chairs the committee that produced its interim report. Among the suggestions were recommendations to consider possible legislation to help schools quickly replace instructional materials due to Harvey; creating paths to career growth for educators that would allow them to stay in the classroom, such as a “Master Teacher” certification; and making Individual Graduation Committees (IGCs) permanently available for students who have difficulty with STAAR testing.

You can read more about the committee’s interim charge recommendations in this blog post by ATPE Lobbyist Mark Wiggins. Read the interim report here.

 


In a statement released to the press on Monday, Governor Greg Abbott announced his appointment of Edward Hill, Jr., Ed.D., John P. Kelly, Ph.D., Courtney Boswell MacDonald, and Jose M. Rodriguez to the State Board for Educator Certification (SBEC). The new appointees are replacing retiring SBEC members Suzanne McCall of Lubbock; Dr. Susan Hull of Grand Prairie; and Leon Leal of Grapevine.

ATPE thanks the members rolling off the SBEC board for their years of service and welcomes the new members. We look forward to working together with them to continue to improve the education profession for the betterment of Texas students.

 


Teach the Vote’s Week in Review: Dec. 21, 2018

Happy holidays! Here’s a look at ATPE’s final week in review for 2018:


On Wednesday, the Texas Commission on Public School Finance concluded its work by finalizing its recommendations for the 86th Legislature. As ATPE Lobbyist Mark Wiggins reported on our blog, the commission unanimously approved 30 recommendations, including the following:

  • Adopting Governor Greg Abbott’s plan to cap local school district taxes in order to provide property tax relief
  • Creating incentives for school districts to develop new evaluation systems that would be tied to differentiated pay for teachers based on student outcomes and experience
  • Offering financial help for school districts to offer dual language programs
  • Focusing early education resources to improve students’ reading levels by third grade
  • Aiming to have 60 percent of graduating high school seniors prepared to enter the workforce, college, or the military without remedial education

Final school finance commission meeting Dec. 19, 2018.

Upon the final vote, ATPE immediately published a press release thanking the commissioners for their hard work and sharing additional input to be considered by lawmakers as they take up the issues reflected in the report. ATPE is urging legislators to address the imbalance between state and local funding and warning against making any hasty changes to the state’s teacher evaluation laws.

In the statement which was picked up by the Texas Tribune in its reporting, ATPE Executive Director Shannon Holmes expressed hope that lawmakers will recognize the need for more adequate funding of public schools.

“There can be no real school finance reform that fails to address adequacy,” said Shannon Holmes, executive director of the Association of Texas Public Educators, in a statement after Wednesday’s vote. “ATPE is disheartened that some members on the commission were unwilling to acknowledge the reality of the limitation of our state’s current funding levels out of fears of sparking litigation.”

Improving the school finance system is ATPE’s top priority for the legislative session that begins in January, along with related priorities for increasing teacher pay, shoring up the Teacher Retirement System (TRS) pension plan, and making healthcare more affordable for active and retired educators. ATPE’s lobby team looks forward to working with lawmakers on these issues and will provide updates here on the Teach the Vote blog as bills move through the legislative process.

 


Kate Kuhlmann

Today is the last day at work for ATPE Lobbyist Kate Kuhlmann, who is leaving our team to take on a new career opportunity starting in January. We thank Kate for her years of service to our governmental relations department and wish her the best of luck in her new endeavor.

 


 

Our Teach the Vote bloggers will be taking a break until Jan. 7 as the ATPE state office will be closed during that time period. ATPE wishes you and your family a joyous and safe holiday season.

 


From The Texas Tribune: Texas school finance panel approves final report to lawmakers

By Aliyya Swaby, The Texas Tribune
Dec. 19, 2018

Texas Commission on Public School Finance member Todd Williams of Dallas, left, speaks with Texas Education Agency Commissioner Mike Morath and state Sen. Royce West, D-Dallas, on Jan. 23, 2018. | Photo by Bob Daemmrich for the Texas Tribune

Texas school finance panel approves final report to lawmakers” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

After hours of discussion Wednesday, a state panel studying school finance stripped its final report of language that blamed the state for inadequate education spending — and that added urgency to a need for more money to improve student performance.

The original version of the report, unveiled last Tuesday, included stronger language that held the state accountable for the lack of education funding and urged lawmakers to immediately inject more than a billion dollars of new funding into public schools. Scott Brister, the panel’s chairman and a former Texas Supreme Court justice, led the charge to make those changes, which he said would be more palatable to lawmakers and keep Texas from being sued in the future.

“I do have a problem several places where it says our school system has failed. I do think that’s asking for trouble,” he said.

Some lawmakers and educators on the panel pushed back before agreeing to compromise.

“I think we have failed our schools and we haven’t funded them, in my view, adequately or equitably,” responded state Rep. Dan Huberty, R-Houston, who chairs the House Public Education Committee.

Despite the conflict, the 13-member commission unanimously approved more than 30 recommendations on Wednesday aimed at boosting public education funding, improving student performance, cleaning up a messy funding distribution system — and providing property tax relief for Texans.

A final report will be sent to lawmakers, who are convening next month amid calls from state leadership to overhaul a long-embattled school finance system. Gov. Greg Abbott supported the panel’s vote in a statement Wednesday afternoon: “Today’s school finance commission report made clear that the state must reform the broken Robin Hood system and allocate more state funding to education. This session, we will do just that.”

The vote was the culmination of nearly a year of meetings and hours of testimony from school superintendents, education advocates and policy experts.

Panel members have bickered for months about basic foundational concepts, including whether the state had been underfunding public schools and whether they actually need more money in order to improve. The report takes a middle ground approach, promising more money to school districts that meet certain criteria or agree to offer specific programs such as dual language or merit pay for teachers.

Many of the debates among panel members Wednesday reflected their political divisions, with Brister — a conservative and Abbott appointee — arguing against citing a specific amount lawmakers should infuse into the public school funding system and school officials saying the panel should take an explicit stand based on its research.

An earlier version of the report said lawmakers should take the “important first step” of approving more than $1.73 billion in “new funding” for “the vast majority (if not all)” of the proposed programs.

The recommendation the commission approved Wednesday dropped that dollar figure.

Brister said he was uncomfortable sending a report to lawmakers that pressured them into making specific financial decisions.

“I am willing to say we will have to add new money to do these things. I am not willing to say, ‘And the first step is, every dime has to come from new money,” he said.

Nicole Conley-Johnson, chief financial officer of the Austin Independent School District, unsuccessfully argued to keep the paragraph in its original form.

“The spirit by which we were convened is to establish the changes and make recommendations,” she said. “I feel like we need to have the foresight to put in the estimated cost.”

Education advocacy groups criticized Brister’s decision. “There can be no real school finance reform that fails to address adequacy,” said Shannon Holmes, executive director of the Association of Texas Public Educators, in a statement after Wednesday’s vote. “ATPE is disheartened that some members on the commission were unwilling to acknowledge the reality of the limitation of our state’s current funding levels out of fears of sparking litigation.”

The report still includes cost estimates for recommended programs and changes to how funding is divvied up among schools. But it no longer implores state lawmakers to pay for them.

Among the recommendations the commission plans to send to lawmakers are:

  • $100 million a year to school districts that want to develop their own teacher evaluation metrics and tie pay to performance. The total amount available should increase $100 million each year until it reaches $1 billion.
  • Up to $150 million to incentivize school districts to offer dual language programs, which instruct students in both English and Spanish, and to improve their dyslexia programs.
  • $800 million to incentivize school districts to improve students’ reading level in early grades and to succeed in college or a career after graduating high school.
  • $1.1 billion to improve education for low-income students, with school districts that have a higher share of needy students getting more money.
  • Create a new goal of having 60 percent of third-grade students reading on or above grade level and 60 percent of high school seniors graduating with a technical certificate, military inscription, or college enrollment without the need for remedial classes.
  • Cap local school district tax rates in order to offer property tax relief and a small amount of funding for schools —a proposal from Abbott.
  • No extra funding for special education programs until the state has completed overhauling those programs in line with a federal mandate.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/12/19/texas-school-finance-panel-approves-final-report/.

 

Texas Tribune mission statement

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

School finance commission discusses initial recommendations

School finance commission meeting Dec. 11, 2018.

The Texas Commission on Public School Finance met Tuesday in Austin to discuss recommendations for the commission’s report, which is due to the legislature by the end of the month. The initial draft recommendations can be viewed here, and additional resources can be found here.

The draft report includes a recommendation that the 86th Texas Legislature “inject significant additional annual state revenue” through new strategic allotments and weights outlined in the commission’s report, including about $1.7 billion in specific areas. The report adds that for the purposes of new funding, members should note that an increase of $500 million in state funding is equal to a roughly 0.9 percent increase over the last budget biennium. This would be formula funding, targeted at the neediest studies, and tied to specific outcomes.

Commission Chair Scott Brister voiced reservations, suggesting that asking the legislature for significant additional funding is not the commission’s job. He later clarified that his chief opposition was to placing a dollar figure on additional funding. Several members pushed back, including House Public Education Committee Chair Dan Huberty (R-Houston), who said he would not sign a report that does not call for additional school funding.

The report also calls for reallocating $5.34 billion in existing funds to more impactful spending and greater system-wide equity. The commission recommends significant investment to substantially increase third grade reading levels. Outcomes-based funding would be targeted toward early literacy and post-secondary access of career, military, or higher education without remediation.

The commission is recommending a high-quality teacher allotment, initially funded at $200 million, for districts wishing to offer differentiated compensation to pay their most effective educators higher salaries sooner in their career. This would be contingent on districts creating locally-developed, multi-measure evaluation and compensation systems based on an outline created by the legislature. This includes the state setting a goal that top teachers have a path to a $100,000 salary and incentivizing districts to assign top teachers to the most challenging campuses.

Finally, the draft report calls for statutorily increasing the basic allotment, though it does not specify a specific amount. It calls for increasing the yield on “copper pennies” and compressing the rate in order to provide tax relief, as well as reducing the role of recapture in the school finance system. The report makes no recommendations regarding special education, instead suggesting that the current corrective action plan approved by the U.S. Department of Education should be completed before any additional reforms are discussed.

Discussing the commission’s major findings, Brister acknowledged that schools are being asked to do more than ever before. This includes higher security standards and providing for the physical and mental well-being of students in addition to educating them. He then asked to strike language from the report that says the state has failed to adequately fund public education.

After breaking for lunch, the commission returned for more in-depth discussion on individual recommendations. Commission member Todd Williams of the Commit Partnership in Dallas pointed out that the teacher compensation portion of the plan (Section D) does not include specific funding for strategic staffing such as that implemented by the Dallas ISD ACE program, which is intended to incentivize top teachers to teach at the highest-need campuses. Williams argued the evaluation system and strategic staffing system should be treated as separate and funded accordingly.

State Sen. Paul Bettencourt (R-Houston) then laid out the recommendations from the working group he chaired on revenues. The group’s primary recommendation is to adopt Gov. Greg Abbott’s plan to cap local property tax revenue growth. The plan suggests capping growth at 2.5 percent annually, and replacing revenue lost by school districts with state funding. The governor’s office does not specify how much this would cost or from where the replacement funding would come.

Texas Education Agency (TEA) Chief School Finance Officer Leo Lopez presented a chart addressing the three plans endorsed by Bettencourt’s group, which suggests that the governor’s plan would reduce local maintenance and operations (M&O) tax collections by nearly $1 billion and increase school district revenue by $300 million in 2020 at a cost of roughly $1.3 billion. By 2023, the governor’s plan is projected to reduce M&O tax collection by $3.7 billion while increasing school district revenues by $74 million. Lopez pointed out that this is primarily a tax relief plan, as opposed to a school finance plan, which explains why future funding is projected to flatten out.

The commission discussed the level of emphasis that should be placed upon the governor’s revenue cap plan. Members pointed out the interrelation of property taxes and school finance, as well as the need to focus on the commission’s statutory charge, which is to fix the school finance system. The governor’s plan alone would not change the fundamental mechanics of the school finance system.

Sen. Bettencourt has argued that the state’s coffers will be flush heading into the next budget cycle based on tax revenue from booming oil and gas production, but the state comptroller has yet to release a formal biennial revenue estimate (BRE) with hard numbers upon which to base a budget. State Rep. Ken King (R-Canadian), who represents oil and gas-dependent west Texas, cautioned against relying on oil and gas as a reliable, long-term funding source. A combination of the governor’s plan and the commission’s recommendations for additional public education spending could add up to a price tag north of $5 billion for the upcoming budget biennium.

The commission is scheduled to meet next Wednesday, Dec. 19, 2018, to vote on final recommendations. The commission is required by law to submit its report to the legislature by December 31.

ATPE’s Shannon Holmes facilitates teacher pay discussion

ATPE Executive Director Dr. Shannon Holmes moderated a panel discussion on teacher compensation Thursday at a conference for the Texas Association of Midsize Schools (TAMS). The discussion included state Reps. Gary VanDeaver (R-New Boston), who is a member of the Texas House Public Education Committee, and Travis Clardy (R-Nacogdoches), who filed a high-profile teacher compensation bill in 2017 during the 85th Texas Legislature.

Both representatives agreed about the need to increase teacher compensation, which has become a major topic of discussion heading into the 86th Texas Legislature. Some of the most serious plans proposed thus far have featured differentiated pay, in which top-performing teachers are eligible for higher paychecks. Rep. VanDeaver noted that the major concern with these plans revolves around how top-performing teachers are identified. ATPE has consistently warned that student test scores should not be the primary metric for this purpose.

Rep. Gary VanDeaver, ATPE Executive Director Shannon Holmes, and Rep. Travis Clardy at the TAMS conference on Dec. 6, 2018

Rep. Clardy acknowledged that a critical part of any raise this session will be identifying state funding for that purpose. Legislation addressing teacher pay during the 2017 special session did not include state funding and instead asked districts to pay for raises out of their own pockets, which effectively tabled the discussion.

The conference featured other panels related to public education, including one featuring state Reps. Diego Bernal (D-San Antonio) and Ken King (R-Canadian), both members of the House Public Education Committee, as well as State Board of Education (SBOE) Member Keven Ellis (R-Lufkin). All three serve on the Texas Commission on Public School Finance, which was created in part by the failure of a House-sponsored school finance reform bill last session. Rep. Bernal vowed that if the commission fails to come up with a real plan to reform the finance system before the new session begins, the House will come up with its own plan and challenge the Senate to pass it.

Thursday’s event furthered underscored the extent to which the focus will be on public education in the upcoming legislative session. Many lawmakers who have seemed uninterested in addressing school finance in the past are now championing reform efforts. Rep. King and others suggested Thursday that the results of the most recent election sent a strong message that Texas voters want legislators who will advance the interests of public education.