Tag Archives: Jane Nelson

New School Year, New Laws: Special Education

In this week’s blog post in the “New School Year, New Laws” series, the ATPE lobby team looks at changes to special education resulting from the 86th legislative session earlier this year.

Three years ago, the Houston Chronicle published an investigative series on how Texas was systematically denying special education services to students through an arbitrary 8.5% cap on special education enrollment. After confirming the findings, the U.S. Department of Education (ED) ordered the state to complete a Special Education Strategic Plan and Corrective Action Response. In the interim before the 2019 legislative session, special education advocates worked diligently with lawmakers, the Texas Commission on Public School Finance, and the Texas Education Agency (TEA) on the strategic plan, corrective action response, and special education funding to try to mitigate the negative effects of having denied years of services to students. This involvement from stakeholders helped to prioritize special education in the legislative session.

Below are some of the bills passed this year to address special education funding and various initiatives for students with special needs.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Special education funding and advisory committee

Special education in Texas is currently funded through a system of weights based on student placement. For example, the weight for a homebound student is 5.0 (meaning that a school district receives 5 times the amount of the basic allotment for that student). The mainstream weight covers approximately 85% of students receiving special education services, according to the TEA. Rep. Mary Gonzalez (D-Clint) amended HB 3 to increase the mainstream weight from 1.1 to 1.15, which will generate hundreds of extra dollars for every student receiving special education services in the general education classroom. As an aside, stakeholders and agency officials alike are urging that the rhetoric around special education shift to characterize special education as a service rather than a placement.

HB 3 also creates a new dyslexia weight of 0.1, which will help direct even more money to students with special needs. The dyslexia weight will also capture and fund students who are receiving services under Section 504 of the Rehabilitation Act, which is not federally funded like the Individuals with Disabilities Education Act (IDEA).

Lastly, HB 3 establishes a 14-member special education allotment advisory committee that will make recommendations on special education funding. In September, the commissioner of education will appoint committee members, to include a variety of stakeholders both within and outside of the school setting, including two teachers.

These provisions of HB 3 became effective immediately upon the passage of the bill.

Senate Bill (SB) 500 by Sen. Jane Nelson (R-Flower Mound): Addressing maintenance of financial support in the supplemental budget

Just before the 2019 legislative session began, news broke that Texas had failed 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 it spent in the prior year, which is not allowed. Unfortunately, the state continued this trend in 2017, 2018, and 2019, and it is now estimated that the resulting federal penalty will reach $233 million.

This year’s supplemental spending bill, SB 500, included over $219 million to settle maintenance of financial support costs and to prevent future penalties.

SB 139 by Sen. Jose Rodriguez (D-El Paso): Notification of enrollment opportunities

SB 139 specifically addresses the aforementioned 8.5% cap on enrollment in special education by requiring TEA to develop a notice regarding the elimination of the arbitrary limit. The notice must also include the rights of children under state and federal law and how parents and guardians can initiate referral and evaluation for special education services.

HB 111 by Rep. Mary Gonzalez (D-Clint): Trafficking, abuse, and maltreatment training

As part of their district improvement plan, school districts are required to adopt and implement a policy on sexual abuse, sex trafficking, and other maltreatment of children. Districts must incorporate methods to increase awareness of these issues by providing training for new and existing employees on prevention techniques and the recognition of sexual abuse, sex trafficking, and other maltreatment of students. HB 111 specifically adds that the training should also include prevention and recognition for students with significant cognitive disabilities. HB 111 became effective immediately.

HB 165 by Rep. Diego Bernal (D-San Antonio): High school endorsements

Effective immediately, HB 165 allows students receiving special education services to earn high school endorsements on their transcripts if they complete, with or without modification, the foundation high school curriculum requirements and the additional endorsement curriculum requirements. Under previous law, a student receiving special education services was unable to earn an endorsement by virtue of being enrolled in a modified curriculum. This prevented the student from earning a Distinguished Level of Achievement upon graduation, which is an eligibility requirement for automatic admission to a public institution of higher education in Texas.

SB 522 by Sen. Judith Zaffirini (D-Laredo): Services for students with visual impairments

SB 522 aims to improve the educational services provided to students with a visual impairment by aligning the terminology in state law with federal law regarding these students. Additionally, the individualized education plan (IEP) for students with a visual impairment must now include instruction in braille and the use of braille unless the student’s admission, review, and dismissal (ARD) committee determines that a different form of instruction is more appropriate. Under SB 522, instruction in braille must be provided by a teacher certified to teach students with visual impairments. This law became effective immediately.

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park): Prohibiting aversive disciplinary techniques

SB 712 and HB 3630 by are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.


See the TEA’s “HB 3 in 30” video on special education for additional detail on legislative changes. For more information on the issues featured in our “New School Year, New Laws” series, be sure to check out “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” in which ATPE’s attorneys provide a comprehensive look at new education laws passed in 2019. Join us next Monday here on Teach the Vote to read about legislative changes regarding professional opportunities for educators.

From The Texas Tribune: This session’s biggest mental health bill got killed on a technicality — then resurrected

This session’s biggest mental health bill got killed on a technicality — then resurrected” 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.

State Rep. Jonathan Stickland, R-Bedford, has tried to kill several bills this session. Photo by Juan Figueroa/The Texas Tribune

A major mental health bill prioritized by the state’s top leaders as a way to help prevent school shootings was partially revived late Tuesday night hours after it appeared to have been abruptly killed on a technicality during a dramatic night in the Texas House.

State Rep. Jonathan Stickland, R-Bedford, raised a “point of order” on Senate Bill 10, which created a Texas Mental Health Consortium aimed at bringing together psychiatric professionals from Texas medical schools and other health care providers to connect children to mental health services. Stickland’s point of order contended that an analysis of the bill provided to lawmakers was inaccurate. After the House recessed for nearly an hour and a half so parliamentarians could analyze the technicality, House Speaker Dennis Bonnen, R-Angleton, somberly announced a ruling in Stickland’s favor.

But hours later, provisions from SB 10 were added to Senate Bill 11, a school safety bill that the lower chamber passed earlier in the evening. State Rep. John Zerwas, R-Richmond, sponsored SB 10 in the House and successfully amended it to SB 11 over Stickland’s objections shortly before a midnight House deadline to advance bills from the upper chamber.

SB 10 is one of several proposals that the state’s GOP leaders championed in the wake of the deadly shooting last year at Santa Fe High School. Gov. Greg Abbott named it an emergency item in his State of the State address earlier this year, and Lt. Gov. Dan Patrick designated it one of his 30 legislative priorities.

Sen. Jane Nelson, R-Flower Mound, the bill’s author, told senators earlier this year that it was her “best shot” at helping students in the aftermath of school shootings. It had bipartisan backing and cleared the upper chamber unanimously more than two months ago.

“I think it was a well-intentioned bill that had some very bad unintended consequences,” Stickland told the Tribune by phone Tuesday night, an hour after his point of order initially knocked the bill out of contention. “I think it could have been stronger on parental rights to make sure our constitutional rights are protected in the bill.”

Asked if he was bracing for backlash from leadership over killing such a high-profile bill, Stickland said, “I expect it.”

Within a couple of hours, Stickland got it.

As it became clear Tuesday that Stickland’s point of order would torpedo the legislation, key players who worked on SB 10 moved quickly to figure out next steps. Zerwas, a Richmond Republican, walked across the Capitol rotunda into the Senate, where he spoke with Nelson, presumably about news of the bill’s fate.

“It’s unfortunate that there were some people who were getting some negative comments from their constituencies that felt the need to vote against this bill or somehow kill this bill,” Zerwas told the Tribune. “And one of those happened to be Jonathan Stickland, who’s pretty adept in finding points of order and calling them, and he wins some, he loses some, and unfortunately, he happened to win one with Sen. Nelson’s bill.”

Just before 11 p.m., state Rep. Greg Bonnen, a Friendswood Republican and brother of the House speaker, made a motion to revive the mental health bill by amending a sweeping school safety bill passed earlier Tuesday. He offered a cryptic message that there was “an opportunity to do some additional work” in order to “further make safe our schools in the state of Texas.”

Stickland approached the chamber’s back microphone with questions.

“Is this something we’ve seen before?” he asked.

“Absolutely,” Greg Bonnen said.

Stickland attempted to delay the motion, asking procedural questions about how the chamber was going to reconsider a portion of a bill that had already passed. He then gave a speech imploring colleagues not to reconsider SB 11, the school safety bill.

“Maybe you plan on voting for it, and that’s fine,” Stickland said. “But here’s what I can promise you: One day, there’s gonna be something that you care about where you might be in the minority. … You’re going to hope that these rules and our traditions and the way that this House operates protects you and your ability to stand up for your constituents.”

At one point, Stickland and a group of lawmakers huddled at the front dais to discuss his attempts to prevent adding the mental health provisions to the school safety bill.

“I’m sick of this shit,” Stickland could be heard telling Dennis Bonnen.

Zerwas eventually succeeded in reviving major elements of the mental health bill, despite two further attempts from Stickland to prohibit the amendment on technicalities.

Stickland has built a reputation for being a thorn in the side of House leadership, under both Bonnen and former House Speaker Joe Straus, R-San Antonio. A former member of the hardline conservative Freedom Caucus, which he resigned from earlier this session, Stickland cast the lone “no” votes on several high-priority bills this year, including the House’s school finance reform proposal.

On a number of occasions this session, Stickland has tried to kill legislation ranging from the controversial to the uncontested. In April, for example, he successfully knocked several measures off of that day’s local and consent calendar, which is typically reserved for uncontroversial legislation. Stickland’s reasoning? Liberties were under attack.

On Monday, he used a point of order to successfully halt a bill that would have made it illegal to leave an unattended dog tied up in an inhumane manner. And earlier Tuesday, Stickland unsuccessfully called a point of order on SB 11, the school safety bill that would later be used as the vehicle to revive SB 10.

It was one of two school safety bills that advanced in the Legislature within hours of each other. The Senate also approved a House bill that would abolish the cap on how many trained school teachers and support staff — known as school marshals — can carry guns on public school campuses.

The nonprofit Mental Health America ranks Texas last among the 50 states and Washington, D.C., for youth access to mental health care. According to its 2019 report, The State of Mental Health in America, 71.3% of youth in Texas with major depression go untreated, compared with the national average of 61.5%.

Acacia Coronado, Emily Goldstein, Alex Samuels, Patrick Svitek, Aliyya Swaby and Alexa Ura contributed to this report.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2019/05/21/texas-mental-health-bill-killed-over-technicality/.

 

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

Teach the Vote’s Week in Review: April 19, 2019

The legislature packed a lot of work into a short week ahead of this holiday weekend. Here’s a summary of the latest education-related developments from our ATPE Governmental Relations team:


Senate Education Committee meeting April 16, 2019.

This week was a busy one for the Senate Education Committee. On Tuesday, the committee chose to postpone its originally posted hearing of the House’s school finance reform bill, House Bill 3. The committee postponed the hearing of HB 3 by Chairman Dan Huberty (R-Kingwood) in order to flesh out more of the Senate’s committee substitute for the bill. We expect HB 3 to heard later next week and are urging educators to reach out to their senators about the bill.

ATPE supported HB 3 as passed by the House almost unanimously. The bill was amended from its original version as filed to remove controversial language that would allow school districts to opt out of the the minimum salary schedule and fund merit pay that likely would have been tied to student test scores. ATPE encourages educators to contact their senators now and urge them to keep merit pay and other negative provisions out of HB 3 when it moves through the Senate. For additional information and direct communication links to lawmakers, ATPE members should visit Advocacy Central.

In lieu of HB 3, various other bills were discussed during Tuesday’s Senate Education Committee meeting, with topics ranging from sex ed to charter school regulation to accountability laws. The committee also voted to advance several bills, such as Senate Bill (SB) 1412 to allow a school at risk of closure to execute an accelerated campus excellence turnaround plan. For more on Tuesday’s Senate Education Committee hearing, read this blog post by ATPE Lobbyist Mark Wiggins.

The committee will meet again on April 23, 2019, to hear bills relating to school district funding and governance, student internships, staff development, and more. Stay tuned to Teach the Vote for coverage of the hearing and announcements when HB 3 is scheduled for hearing.


On Wednesday, April 18, the full Senate passed a bill to further restrict the ability of school district employees and school board members to talk about political content at school.

SB 1569 by Sen. Pat Fallon (R-Prosper) amends existing “political advertising” laws and was passed by a vote of 25 to 6. Senators who voted against the ATPE-opposed bill were Sens. Jose Menendez, Borris Miles, Beverly Powell, Kel Seliger, John Whitmire, and Judith Zaffirini.

During the Senate floor debate, Sen. Eddie Lucio, Jr. amended the bill to add prohibitions on electioneering using school resources by charter school employees or governing board members. Charter schools had not been included in the original version of SB 1569 as filed. Sen. Fallon also agreed to amend the bill on the floor to strike language from the original version that would have prohibited school districts from being able to share information that factually describes the purpose of a bond measure and does not advocate for its passage or defeat.

SB 1569 no longer includes highly troubling language in its original version that would have prohibited school employees from advocating for or against “a political philosophy” or “a matter of public interest.” However, ATPE notes that the bill still includes overly broad language aimed at stifling political involvement by public school employees, contractors, or board members. SB 1569 as passed by the Senate greatly expands the existing definition of political advertising to include support or opposition for a candidate, political party, public officer, or measure that is “directed to an individual person or multiple persons through any form of communication.” While Sen. Fallon indicated during floor debate that he does not intend for his bill to prevent educators from talking to one another about politics, especially after school hours, the language of the bill itself as quoted above suggests otherwise.

SB 1569 as passed by the Senate would also subject public school employees to criminal penalties if they “facilitate” legislative advocacy by students. ATPE is disappointed that senators would support legislation to prevent educators from teaching students about the legislative process without fear of being arrested.

Now that SB 1569 has been passed by the Senate, ATPE urges educators to contact their state representatives and ask them to oppose this unnecessary anti-public education bill. ATPE members can visit Advocacy Central for additional information on SB 1569 and communication tools.

Other bills on the move this session that have garnered scrutiny from the education community include HB 281 by Rep. Mayes Middleton (R-Wallisville)  and SB 29 by Sen. Bob Hall (R-Edgewood) relating to political subdivisions’ use of public money for lobbying activities. These bills would prohibit school districts from using public funds to pay for lobbying, whether by an employee of the district paid to lobby or an outside association that uses the public funds for activities that might include lobbying. Neither bill would affect the ability of school district employees to use their own personal funds to join associations, such as ATPE, that engage in lobbying activities.


Legislators, staffers, and stakeholders crowded a conference room Thursday, April 18, 2019, for a quick meeting of the House Public Education Committee to vote on bills.

The House Public Education Committee met twice this week to hear bills on topics such as civics education, bullying, and virtual schools.

During the committee’s first hearing on Tuesday, April 16, ATPE offered testimony on bills like HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio) aimed at improving student safety by requiring a bleeding kit program in public schools. Read ATPE’s written testimony here. ATPE also testified against HB 429 by Rep. Matt Shaheen (R-Plano), which would expand virtual school programs that may not be efficient or of adequate quality. Read ATPE’s written testimony against HB 429 here. Other bills heard on Tuesday included the ATPE-supported HB 3133 by Rep. Alma Allen (D-Houston) that would allow school district employees to use their personal leave for compensation on school holidays.

The committee met again on Thursday, April 18, for a hearing that lasted until 11 pm and again featured discussions of a wide variety of topics. ATPE supported bills such as HB 414 by Rep. Dan Flynn (R-Van) calling for a Teacher Protection Act, HB 3403 by Rep. Phillip Cortez (D-San Antonio) to require school district employment policies to include anti-bullying measures for educators, and HB 3638 by Rep. Jared Patterson (R-Frisco) to repeal certain laws identified as unnecessary or duplicative by a mandate relief working group on which ATPE served last year.

The committee also convened while the House was in session on Thursday to vote out additional bills, such as Rep. Gina Hinojosa’s HB 43 on charter admission policies and Rep. Diego Bernal’s HB 4242 calling for a study of the readability of STAAR tests.

Read more about the bills considered by the House Public Education Committee in this week’s comprehensive blog posts from ATPE Lobbyist Andrea Chevalier here and here.


ATPE has long advocated for Texas lawmakers to increase funding of educators’ pension programs through the Teacher Retirement System (TRS). As we have been reporting throughout the session, the 86th Legislature is considering ATPE-supported bills to increase state contributions to the TRS pension fund and provide retirees with a 13th check.

In support of this ongoing effort, ATPE has joined forces with Equable, a national nonprofit organization that works to facilitate retirement plan sustainability and income security, to promote pension reforms this session that will address the TRS funding shortfall and help ensure that Texas educators have a stable retirement plan in the future. ATPE and Equable are urging educators to reach out to their legislators in support of bills like SB 12, which is scheduled for debate by the full House next week.

Learn more about our TRS-related advocacy and find additional resources at PayTheBillTX.org.


The one bill that the 86th Legislature must pass in order to avoid a special session – the state’s budget bill – is making further progress. Members of the House and Senate have voted to send HB 1 to a conference committee to iron out differences between the two chambers’ versions of the budget proposal.

On the House side, Appropriations Committee Chairman John Zerwas will co-chair the conference committee joined by Reps. Greg Bonnen, Sarah Davis, Oscar Longoria, and Armando Walle. Senate conferees, which noticeably included no Democratic senators, are Senate Finance Committee Chairwoman Jane Nelson plus Sens. Joan Huffman, Lois Kolkhorst, Larry Taylor, and Robert Nichols. The HB 1 conference committee has planned its first meeting for Tuesday, April 23.

Also sent to a conference committee was the legislature’s supplemental appropriations bill for the current biennium, SB 500. That bill’s conference committee is similarly  co-chaired by Sen. Nelson and Rep. Zerwas. The other conference committee members for SB 500 are Sens. Huffman, Kolkhorst, Taylor, and Chuy Hinojosa, along with Reps. Giovanni Capriglione, Mary Gonzalez, Rick Miller, and Toni Rose.

Senate passes bill to raise pay for teachers, librarians

On Monday afternoon, March 4, 2019, the Texas Senate unanimously passed Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound). The bill, which calls for an across-the-board pay raise for numerous educators, is considered to be among the Senate’s highest priority legislation this session and aligns with the governor’s declaration of teacher pay as an emergency issue for the 86th Legislature. The vote yesterday by the full Senate moves the bill one step forward in the legislative process, as it still would have to be approved by the House and by Gov. Greg Abbott in order to take effect.

ATPE State Vice President Tonja Gray was among several educators who testified before the Senate Finance Committee about SB 3 on Feb. 25, 2019.

As filed, SB 3 was intended to provide all full-time public school teachers with a $5,000 pay raise above their current compensation. Responding to concerns voiced that the bill does not cover certain other education personnel who are involved in delivering instruction, Sen. Nelson amended her bill on the Senate floor to add a provisions offering librarians the same raise. Recounting memories of her own time spent working as a teacher and the assistance that was provided by the librarian at her school, Sen. Nelson spoke about the importance of librarians and noted that Texas certification rules also require librarians to have prior classroom teaching experience.

A number of senators rose to speak yesterday from the Senate floor about SB 3, and there were mentions of the other school personnel who are not included in the proposed pay raise. Sen. Nelson acknowledged the concerns and referred to her bill as a step in the right direction. By the time SB 3 was passed out of the upper chamber yesterday, all members of the Senate had signed on as co-authors of the bill.

As previously mentioned, SB 3 heads next to the Texas House for its consideration. The House is rolling out its own major school finance reform bill today, which includes a proposal to increase the minimum salary schedule that covers teachers, librarians, school counselors, school nurses, and educational diagnosticians. Leaders in the House have expressed less support for across-the-board pay raises this session, instead favoring giving school districts local discretion, and have criticized the approach taken by senators in SB 3 as being too narrowly focused on teacher pay to the exclusion of other school funding needs. Sen. Larry Taylor has said that he will also be filing a more comprehensive Senate version of school finance overhaul.

Stay tuned to Teach the Vote for more on the school finance bills being filed today and updates on the educator compensation discussions as they continue.

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

Read the latest legislative and education news for this “ATPE at the Capitol” week from your ATPE Governmental Relations team:


Hundreds of ATPE members traveled to Austin earlier this week for ATPE at the Capitol, our political involvement training and lobby day event hosted every legislative session year.

On Sunday, Feb. 24, ATPE members gathered at the JW Marriott for a series of training sessions. They heard a welcome message from ATPE State President Byron Hildebrand and learned how to advocate for ATPE’s legislative priorities with help from the ATPE lobbyists and Executive Director Shannon Holmes. Attendees spent the day networking with their colleagues and shopping at the ATPE Boutique for merchandise with sales benefiting the ATPE-PAC.

The day finished with a panel discussion featuring State Board of Education member Keven Ellis (R) and State Representatives Gary VanDeaver (R-New Boston) and Mary Gonzalez (D-Clint). The closing session was moderated by Spectrum News Capital Tonight political anchor Karina Kling and gave ATPE at the Capitol attendees an opportunity to ask the panel questions about school finance, testing, retirement, and more.

ATPE members boarded buses to the State Capitol early Monday morning, Feb. 25, to meet with their own legislators, sit in on hearings, and share their advocacy messages in support of public education. ATPE at the Capitol attendees gathered for a group photo Monday afternoon outside the Senate’s chamber, which prompted brief appearances by Sen. Jane Nelson (R-Flower Mound) and Lt. Gov. Dan Patrick (R). ATPE’s state officers also visited with House Speaker Dennis Bonnen.

When the full House and Senate convened their floor sessions Monday afternoon, Sen. Kirk Watson (D-Austin) and Rep. Dan Huberty (R-Kingwood) presented honorary resolutions recognizing ATPE members in each chamber and applauding them for their work on behalf of Texas public schools and students.

This year’s ATPE at the Capitol event coincided with a hearing Monday by the Senate Finance Committee on Senate Bill (SB) 3, which would provide teachers an across-the-board salary increase of $5,000. Many ATPE members attended and even testified before the committee in support of Chairwoman Nelson’s high-profile bill, including ATPE State Vice President Tonja Gray. Read more about the SB 3 hearing below.

For more coverage of ATPE at the Capitol, be sure to check out our photo album on ATPE’s Facebook page.

 


At the conclusion of Monday’s hearing on Senate Bill (SB) 3, the Senate Finance Committee voted unanimously to send the high-profile teacher pay raise bill to the Senate floor. The vote came after consideration of a few amendments and hearing from more than a dozen educators who testified on the bill, including several ATPE members. SB 3 has already been placed on the Senate Intent Calendar and could be brought up for floor consideration as early as next week.

During ATPE at the Capitol activities on Monday, Lt. Gov. Dan Patrick made a brief appearance before the crowd of ATPE members at the state capitol and talked about the bill. He shared that he expects SB 3 to be either the first or second bill passed by the full Senate this session. With 27 co-authors already signed on to the bill, it appears evident that SB 3 will make it out of the full Senate with ease and head over to the Texas House for consideration.

SB 3 is likely to face tougher scrutiny in the lower chamber, where House leaders have criticized the bill and expressed a preference for advancing a merit pay proposal similar to what has been recommended by the Texas Commission on Public School Finance and Gov. Greg Abbott (R). ATPE expects the House’s school finance and teacher compensation omnibus bill to be filed within the next few days, as House Public Education Committee Chairman Dan Huberty announced plans for a press conference about the House bill on Tuesday, March 5, with committee hearings expected during the week of March 11.

Read more about Monday’s SB 3 hearing and ATPE’s testimony in this blog post. Tune in to Teach the Vote next week for more on the budget and school finance discussions. We’ll have analysis of the anticipated House bill, plus updates on the budget writing process as the Senate take a deeper dive on SB 1 with the appointment of work groups for various sections of the draft budget. As announced by Chairwoman Nelson on Monday, Sens. Paul Bettencourt, Charles Perry, and Royce West will serve on a work group chaired by Sen. Larry Taylor for the public education portion of Article III of the budget.

 


FEDERAL UPDATE: In Washington, DC this week, education and a Texas elected official were in the news.

On Thursday, Sen. Ted Cruz (R-TX) joined U.S. Secretary of Education Betsy DeVos at a press conference announcing his filing of new bill offering federal tax credits to individuals or corporations who fund private school voucher scholarships. Read more about the voucher push in this blog post from ATPE Lobbyist Mark Wiggins.

Also in Washington, the House Education and Labor Committee announced five informational hearings to formally launch the reauthorization of the Higher Education Act (HEA). The HEA was last re-authorized in 2008. The five hearings will cover the cost of college; higher education accountability; costs of non-completion; the roles of community colleges, historically black colleges and universities, and minority-serving institutions; and innovation in degree pathways. The hearings have not been scheduled yet. Conversations around affordability and accountability are also taking place between Ranking Member Senator Patty Murray (D-Wash.) and Chairman Lamar Alexander (R-Tenn.) of the Senate Health, Education, Labor, and Pensions (HELP) Committee.

 


The House Public Education Committee met Tuesday, Feb. 26, and considered 21 bills over the course of several hours. The agenda included bills pertaining to health and student safety, use of technology and instructional materials funding, recess policies, and more. Read more about Tuesday’s discussions in this blog post from ATPE Lobbyist Andrea Chevalier who attended the hearing. Next Tuesday, March 5, the committee will meet again to hear a number of bills relating to student assessments.

 


Last Friday, Feb. 22, the State Board for Educator Certification held its first meeting of 2019. ATPE Lobbyist Andrea Chevalier attended the meeting and provided this summary of the board’s discussions.

Related to educator preparation and certification, it’s almost time for new teachers and principals to share their feedback on educator preparation programs (EPPs). The Texas Education Agency (TEA) will be collecting data from principals of first-year teachers and all first-year teachers to help assess the effectiveness of various EPPs. The results of the principal survey will be used for EPP accountability. Both principals and teachers will have access to training modules before completing the surveys. The surveys will become available on April 3, 2019. Find more detailed information about the surveys here.

 


 

Teacher pay raise bill sails through committee and is placed on Senate calendar

A bill that would grant all full-time classroom teachers a $5,000 across-the-board pay raise was placed on the Texas Senate Intent Calendar today. This move places the bill one step away from a floor vote in the upper chamber, which could happen early next week if the Senate continues the current practice of taking Fridays off.

The Senate Finance Committee voted unanimously Monday to approve Senate Bill (SB) 3 by state Sen. Jane Nelson (R-Flower Mound), who also chairs the committee. Gov. Greg Abbott has declared teacher compensation an emergency issue for this session, making bills dealing with teacher pay eligible for more expedited consideration by the legislature. SB 3 has been filed as one of the Senate’s highest priority bills for the 86th legislative session.

Sen. Jane Nelson invited ATPE State Vice President Tonja Gray to testify before the Senate Finance Committee on Feb. 25, 2019, about a proposed pay raise for teachers.

ATPE State Vice President Tonja Gray was invited to testify Monday in support of the bill. She provided oral and written testimony outlining the need for increased compensation and suggested that legislators could expand the raise to include school personnel aside from just teachers. Several other ATPE members and educators testified in support of the bill during Monday’s committee hearing, which coincided with “ATPE at the Capitol,” our legislative advocacy day held every legislative session.

The committee made a handful of changes to Sen. Nelson’s original bill on Monday. These include expanding the raise to include charter school teachers and covering the state’s and school districts’ increased cost of TRS contributions as a side-effect of the raise. The committee approved the revised bill by a unanimous vote of 15-0.

Research has proven that teachers are the single most important in-school factor contributing to student performance, and the best way to boost student performance is to provide students with access to the best teachers. This fact has been acknowledged by the governor, lieutenant governor, and house speaker in countless public statements over the past several months.

ATPE members filled the committee room for a hearing on Senate Bill 3 during ATPE at the Capitol on Feb. 25, 2019.

ATPE has been driving the conversation on teacher compensation, emphasizing that an across-the-board raise is important to help attract and retain high-quality educators. ATPE looks forward to talking about programs to offer additional, differentiated pay for educators who go above and beyond their regular classroom duties. This includes offering to pay educators more for volunteering at more challenging campuses, for obtaining advanced training and high-need certifications, and for taking on campus leadership roles, such as mentoring.

In order to give these programs the best prospects for success, it’s important that local districts be given the flexibility to design their own programs, include local educators in the process, and provide a professional level of base compensation by giving all teachers a long overdue raise first. It’s also critical that compensation decisions are not based upon student test scores, which are not a scientifically valid measure of teacher effectiveness.

After the Senate Finance Committee approved SB 3 on Monday, Lt. Gov. Dan Patrick met with ATPE members and announced that a teacher raise would be the “first or second” bill the Senate passes this session. The Senate has prioritized an across-the-board raise, setting aside $3.7 billion for raises in the Senate’s base budget proposal.

The Texas House is also looking at educator compensation as a priority issue, but the leadership in the lower chamber has not yet released its version of a bill to address teacher pay. In the meantime, House leaders have indicated in the meantime their support and preference for recommendations of the Texas Commission on School Finance, which include changes to weights and allotments and a merit-based pay program based upon Dallas ISD’s “ACE” model. This program would enable a small percentage of qualifying teachers to earn up to $100,000 for working at high-needs campuses. While a bill has yet to be filed, the cost of creating a statewide program similar to Dallas ISD’s initiative has been estimated at around $100 million, which is significantly less than the $3.7 billion price tag for the Senate’s across-the-board pay raise in SB 3.

The House’s budget includes an additional $7 billion for public education contingent upon the passage of property tax relief legislation. ATPE believes the $3.7 billion proposed by the Senate could fit within this $7 billion with enough room left over for property tax relief and additional school funding. Our primary goal in supporting SB 3 and other school finance-related proposals this session has been to work in a bipartisan manner with both chambers and other stakeholders to find comprehensive solutions to the state’s complex and growing public education needs.

If the full Senate approves SB 3 as is expected, Sen. Nelson’s teacher pay raise bill will head over to the House and the committee process will start all over. It is important to note that there are likely to be many changes along the way, and ATPE looks forward to working with both the House and Senate to reach an agreement that will benefit all 5.4 million Texas public school students.


ATPE Lobbyist Mark Wiggins and ATPE Governmental Relations Director Jennifer Mitchell contributed to this report.

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

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


On Wednesday, Texas House Speaker Dennis Bonnen released his chamber’s committee assignments for the 86th legislature. Speaker Bonnen assigned chairmanships to Republicans and Democrats alike with each party having a number of chairmanships roughly proportionate to its representation in the House, which is contrast to the Senate where Lt. Gov. Dan Patrick appointed only a single Democrat to chair a committee. Rep. Dan Huberty (R-Kingwood) will continue to chair the House Committee on Public Education with Rep. Diego Bernal (D-San Antonio) again serving as Vice-Chair. A full list of House committee assignments can be found here. View Senate committee assignments as previously reported on Teach the Vote here.

Meanwhile, there remain three vacancies in the House pending upcoming special elections. Voters in House Districts 79 and 145 will elect a new state representative (unless there is a need for a runoff) during a special election on Tuesday, Jan. 29. ATPE encourages educators in El Paso and Houston to visit the Candidates page on Teach the Vote to view the candidates who are vying for election in those two districts. A special election will take place to fill the third vacancy in San Antonio’s House District 125 on Feb. 12, 2019.

 


Earlier this week the Texas Education Agency (TEA) announced the recipients of Cycle 2 of the agency’s Grow Your Own grant period. An initiative created as a result of Commissioner of Education Mike Morath’s 2016 Texas Rural Schools Task Force, the Grow Your Own grant program was designed to help school districts inspire high school students to pursue careers as classroom teachers, certified paraprofessionals, or teacher aides.

Research shows that 60 percent of educators in the United States teach within 20 miles of where they went to high school,” said Commissioner Morath. “Because we know our future teachers are currently in our high schools, the goal of Grow Your Own is to help increase the quality and diversity of our teaching force and to better support our paraprofessionals, teacher’s aides and educators, especially in small and rural districts.”

Thirty-six school districts and educator preparation programs were selected for Cycle 2 of the program: Bob Hope School (Port Arthur), Bridge City ISD, Brooks County ISD, Castleberry ISD, Del Valle ISD, Elgin ISD, Fort Bend ISD, Fort Hancock ISD, Grand Prairie ISD, Hillsboro ISD, La Vega ISD, Lancaster ISD, Laredo ISD, Longview ISD, Marble Falls ISD, Mineola ISD, Muleshoe ISD, New Caney ISD, Palestine ISD, Presidio ISD, Region 20 Education Service Center, Relay Graduate School of Education, Rosebud-Lott ISD, Sabinal ISD, Somerset ISD, Stephen F. Austin State University, Texas A&M University, Texas A&M University- Commerce, Texas A&M University – Corpus Christi, Texas Tech University, Texas Woman’s University, Vidor ISD, Waxahachie Faith Family Academy, West Texas A&M University, Westwood ISD, and Woodville ISD.

The full press release from TEA can be found here.


Two congressmen from Texas will be serving on the U.S. House Education and Labor Committee for the 116th Congress.

Both Rep. Joaquin Castro (D-TX 20) and Rep. Van Taylor (R-TX 03) will be serving on the committee, which has gone several years without a Texas member among its ranks. In press releases published earlier this week, both Castro and Taylor spoke of their commitment to finding bipartisan solutions to challenges faced by America’s education system and workforce. ATPE congratulates Congressmen Castro and Taylor on their appointments and looks forward to working with them in Washington on federal education issues.

 


With the legislative session underway and committees in place, we’re beginning to see a busy calendar of upcoming hearings, which ATPE’s lobby team will be participating in and reporting on throughout the session for Teach the Vote. State agencies and boards also have upcoming meetings of interest to education stakeholders, and we’re your go-to source for updates on any developments.

Next week, the State Board of Education (SBOE) will hold its first meeting of the new year starting Monday in Austin, where new members will be officially sworn in. Matt Robinson (R-Friendswood), Pam Little (R-Fairview), and Aicha Davis (D-Dallas) are joining the board following the 2018 election cycle. The board will also elect a vice-chair and secretary and announce the chairs of its three standing committees: School Initiatives, Instruction, and School Finance/Permanent School Fund.

SBOE members will host a learning roundtable Wednesday at the Austin Convention Center that will focus on the Long-Range Plan for Public Education, which the board released at the end of 2018.

Rep. Dan Huberty

Also on Wednesday, the House Public Education Committee will hold its first meeting of the 86th legislative session. The committee, under the chairmanship of Rep. Dan Huberty (R-Kingwood), is expected to consider major bills related to school finance and teacher pay this session. Wednesday’s meeting will feature invited testimony from Texas Education Agency (TEA) Commissioner Mike Morath.

 


The Senate Finance Committee began its work on the state budget this week with its chairwoman Sen. Jane Nelson (R-Flower Mound) introducing Senate Bill (SB) 1, the Senate’s version of the budget. The budget is broken down into several different articles that represent different policy areas. Article III, which includes TEA, the Foundation School Program, and TRS, as well as higher education funding, is set to be discussed the week of Feb. 11.

In addition to SB 1, the Senate Finance committee also laid out SB 500, the Senate’s supplemental appropriations bill. SB 500 includes approximately $2.5 billion in proposed funding from the Economic Stabilization Fund (ESF), or Rainy Day fund. With about $1 billion of that money going to Hurricane Harvey relief, the bill includes a substantial amount for affected school districts. Another $300 million has been slated toward the TRS pension fund.

The House Committee on Appropriations was also named this week and will begin its work right away, including naming the members of the subcommittee that will oversee the portion of the budget dedicated to education for the House. Initial hearings are slated for next Monday, Tuesday, and Wednesday. Stay tuned to Teach the Vote for updates from ATPE’s lobbyists as various budget-related proposals move through the legislative process.

 


Early budget proposals include boosts for educators, classrooms

The Texas House of Representatives and Texas Senate released their initial budget recommendations this week, and each includes significant additional funding for public education.

The proposals drafted by the Legislative Budget Board (LBB) represent each chamber’s opening bid in budget negotiations for the 2020-21 fiscal biennium. The budget is the only bill the legislature is constitutionally required to pass within its 140-day session. If it fails to do so, lawmakers will be called back into one or more special sessions until a budget is passed.

The 2020-21 House budget proposal includes $7.1 billion in additional general revenue funds appropriated for public education, which represents a 17.2 percent increase over the 2018-2019 biennium. Looking at all funds, public education would see a $10.1 billion, 16.7 percent increase, under the House’s proposal.

The base budget is structured around sufficient funding to maintain services at the current level, and the additional funding comes from a single budget rider that appropriates an additional $9 billion contingent upon the 86th Texas Legislature enacting legislation to increase the state’s share of Foundation School Program (FSP) funding, enhancing district entitlement, reducing recapture, and providing local property tax relief.

Details of the House proposal are spelled out under Rider 77 (page 301 of the House budget):

77. Additional Foundation School Program Funds for Increasing the State Share, Enhancing School District Entitlement, Reducing Recapture, and Providing Tax Relief. It is the intent of the Eighty-Sixth Legislature to adopt comprehensive school finance legislation and provide local property tax relief. In addition to amounts appropriated above in Strategy A.1.1., FSP – Equalized Operations, and Strategy A.1.2., FSP – Equalized Facilities, $4.5 billion in fiscal year 2020 and $4.5 billion in fiscal year 2021 is appropriated out of the Foundation School Fund No. 193 to be used for the purposes specified in this rider.

The amounts appropriated in this rider are contingent on enactment of legislation supporting school districts and charter schools by increasing the state share of the Foundation School Program, enhancing district entitlement, reducing recapture, and providing local property tax relief, while maintaining an equitable system of school finance. Options may include, but are not limited to, increasing the Basic Allotment and providing additional funding for early childhood education, special education, and teacher compensation.

A portion of the amounts appropriated in this rider shall be used to provide local property tax relief. Funds shall be used to enable the compression of local maintenance and operations (M&O) property tax collections, pursuant to the provisions of the legislation, while ensuring school districts do not receive less total state and local funding through the FSP.

The $9.0 billion in Foundation School Fund No. 193 appropriated in this rider represents new state funding for school districts and charter schools above amounts estimated to fully fund current law. The $43.6 billion in current law appropriations provided above in Rider 3 includes the amount necessary to fully fund $2.4 billion in enrollment growth and $2.2 billion in additional state aid above 2018-19 funding levels associated with the increase under current law in the Guaranteed Yield associated with the Austin Independent School District in accordance with §41.002(a)(2) and §42.302(a-1)(1) of the Texas Education Code.

The Senate’s proposal would increase public education funding by $4.3 billion or 10.3 percent from general revenue, or $7 billion all funds — an 11.6 percent increase. This proposal includes an additional $3.7 billion to provide all teachers with a $5,000 raise effective at the start of the 2019-20 school year and $2.3 billion to reduce reliance on recapture. Senate Bill (SB) 3 filed Tuesday by state Sen. Jane Nelson (R-Flower Mound) would authorize the pay raise, if passed. Lower bill numbers are generally reserved each session for high-priority bills.

The governor, lieutenant governor, and speaker have each declared increasing teacher pay a high priority this session. Due to the publicity surrounding teacher pay, ATPE expects several teacher compensation bills to be filed this session. Our governmental relations team will be analyzing each one to determine how it is structured with regard to who is eligible and the extent to which it includes stable, reliable, and long-term state funding.

Providing additional money for teacher compensation and public education funding were the main topics in Tuesday’s Inauguration Day speeches at the Texas Capitol. Educators should note that this shift in focus among the state’s leaders is a direct result of educators’ increased involvement in the 2018 primary and general elections. Teachers, parents, and public education supporters sent a strong message that Texans demand better school funding and teacher pay. Even in instances where the pro-public education candidate was not elected, the strong showing by public school advocates successfully forced many elected officials to reexamine their stance on public education issues.

Make no mistake, we are only at this point because educators voted, rallied, and lobbied legislators like never before. Educators must keep a close eye on lawmakers over the next five months to ensure they follow through on their promises. ATPE will be bringing you regular updates on legislative proceedings, including changes to these early drafts of the budget and various compensation bills, and educators should remain vigilant and ready to make your voices heard at a moment’s notice. Visit ATPE’s Advocacy Central to learn more and share your own views on school funding and educator compensation with your own elected officials.

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.

 


Senate committee approves budget proposal

ThinkstockPhotos-185034697_gavelcashThe committee substitute to Senate Bill (SB) 1, the Senate’s budget bill, was voted favorably out of the Senate Finance Committee on a vote of 15 to 0 this morning. The SB 1 committee substitute, which appropriates $106.3 billion in general revenue, reflects all of the recommended modifications to individual articles of the budget made by the work groups and adopted by the full Finance Committee.

In her comments, committee chairwoman Sen. Jane Nelson (R-Flower Mound) stated that SB 1 fully funds the Foundation School Program (FSP), including $2.6 billion for enrollment growth. Nelson also touted $25 million in spending for broadband expansion through the e-Rate program; $65 million to a new public / private partnership for pre-K (the committee substitute cuts $180 million in pre-K grants from SB 1 as it was originally filed); and $316 million to fund SB 788 by Sen. Joan Huffman (R-Houston), which would reform TRS-Care.

Senator Royce West (D-Dallas) probed staff from the Legislative Budget Board (LBB) on how to reconcile claims that SB1 fully funds the FSP while spending nearly $1.4 billion less in general revenue on the program. In response, LBB staff confirmed that SB 1 does fund the amount that current law calls for in FSP entitlements, but the funding level is $1.4 billion lower this session because increases in local property values mean that less funding is required through state general revenue. Due to this continued supplanting of state funding with local property taxes, the proportion of the state’s share of FSP funding is projected to decline to 38% or less by the end of the biennium.

SB 1 as substituted is expected to be brought up for a vote on the floor of the full Senate on Tuesday, March 28.