Tag Archives: Jose Rodriguez

Texas election roundup: More Senate shakeups

Big election news continues to come out of the Texas Senate, where state Sen. Jose Rodriguez (D-El Paso) announced last week that he will not seek reelection, and state Rep. Cesar Blanco (D-El Paso) followed with an announcement that he will seek Rodriguez’s open seat next year.

Sen. Rodriguez has been one of the most consistent champions of public education in the Texas Senate, and his Senate District (SD) 29 is securely in Democratic hands. Beto O’Rourke carried SD 29 by nearly 49 percentage points in 2018, and Rodriguez has not faced serious opposition in recent years. Rep. Blanco chairs the House Democratic Campaign Committee, which works to elect Democrats to the Texas House, and announced he has already secured the endorsements of fellow state Reps. Art Fierro (D-El Paso), Mary Gonzalez (D-Clint), Joe Moody (D-El Paso), and Poncho Nevarez (D-Eagle Pass), as well as U.S. Rep. Veronica Escobar (D-TX 16).

Other state representatives continue to announce plans to return to office. State Reps. Will Metcalf (R-Conroe), Brad Buckley (R-Salado), and Hugh Shine (R-Temple) all announced plans to run for reelection.

In the race for U.S. Senate, former U.S. Congressman and 2006 Democratic nominee for governor Chris Bell formally entered the race against incumbent Republican U.S. Senator John Cornyn. Bell is one of nine candidates vying for the Democratic nomination in the U.S. Senate race, including state Sen. Royce West (D-Dallas) and former congressional candidate and U.S. Air Force veteran MJ Hegar.

Tuesday, September 24, is National Voter Registration Day. The goal of this national, non-partisan event is to increase civic participation by registering hundreds of thousands of voters on Tuesday. It was launched in 2012 and has grown in popularity ever since, thanks to the help of non-partisan organizations such as the League of Women voters and the Texas Educators Vote coalition, of which ATPE is a member. Read this post by our friends at Texas Educators Vote to find out how you can participate.

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.

Teach the Vote’s Week in Review: March 10, 2017

Today is the deadline for filing bills this legislative session, making it an exceptionally busy week at the Texas State Capitol. Here are stories you may have missed:


Gallery_03-06-17More than 400 educators visited the Texas State Capitol Monday for ATPE at the Capitol. Resolutions honoring ATPE were read in the Texas House and Senate by Rep. Dan Huberty (R-Kingwood) and Sen. Jose Rodriguez (D-El Paso) respectively as legislators greeted ATPE at the Capitol attendees dressed in red attire who were seated throughout the galleries above the two chambers. House_03-06-17ATPE members spent the day visiting with legislators and their staffs to discuss legislative priorities such as reducing standardized testing, funding educators’ healthcare needs, preventing private school vouchers, and opposing bills that would needlessly take away educators’ rights to deduct association dues from their paychecks.

On Sunday, ATPE at the Capitol attendees prepared for their meetings with lawmakers by learning more about pending bills and major education issues being debated by the 85th Legislature. John Kuhn, Superintendent of Mineral Wells ISD, delivered an opening keynote address highlighting the need for educators to keep their focus on what’s best for students, even while many lawmakers and wealthy business interests are pursuing reforms aimed at dismantling the public education system. Kuhn_03-05-17A key topic of Kuhn’s speech was the ongoing push for vouchers, which despite being called by many different names such as “education savings accounts” and “opportunity scholarships” are a way to convert a public trust into a private enterprise. Countering Lt. Gov. Dan Patrick’s oft-cited claim that “school choice is the civil rights issue of our time,” Kuhn called vouchers a “civil wrongs movement” and akin to “fool’s gold.”

Panel_03-04-17ATPE at the Capitol attendees also heard a presentation by ATPE lobbyists on our organization’s legislative priorities with tips on communicating with lawmakers both in person and using tools such as ATPE’s Advocacy Central. Another highlight of the event was the closing general session, which featured a question-and-answer session with a panel of legislators moderated by TWC/Spectrum News television host Karina Kling. The panel featured Sen. Larry Taylor (R-Friendswood) who chairs the Senate Education Committee, Rep. Dan Huberty (R-Kingwood) who chairs the House Public Education Committee, and Rep. Mary Gonzalez (D-Clint) who sits on the Article III Subcommittee for the House Committee on Appropriations. Their lively discussion covered topics ranging from the payroll deduction bills to the Teacher Retirement System and the state’s controversial new “A through F” accountability labeling system.

Speaker_03-06-17

ATPE state officers met with Speaker Straus Monday


The State Board for Educator Certification (SBEC) met last Friday, March 3, 2017. The board asked the Texas Education Agency (TEA) to step back on its interest in developing a new Pre-kindergarten through Grade 3 certificate for teachers. Learn more about the discussion and other SBEC items in this blog post by ATPE Lobbyist Kate Kuhlmann.

 


The House Public Education Committee has begun hearing a number of bills that could change the state’s belabored school finance system. The legislation includes House Bill (HB) 21, a new bill filed Monday by Rep. Dan Huberty (R-Kingwood) who chairs the committee. HB 21 aimes to infuse an extra $1.6 billion into public education over the next two years. ATPE Lobbyist Monty Exter testified in support of the bill and a few others during a hearing on Tuesday. In a show of support for the House members’ effort to address the complicated issue of school finance, Speaker of the House Rep. Joe Straus (R-San Antonio) stopped by the committee hearing. ATPE Lobbyist Mark Wiggins was also there and provided a complete report on our blog earlier this week.

Also this week, Chairman Huberty filed HB 22, a bill to modify the state’s controversial “A through F” accountability ratings for schools. In addition to delaying implementation of A-F, the bill would compress the number of domains from five to three and prevent schools from receiving a single overall grade. No hearing has been set yet for the bill.

With the passage of today’s 60-day mark for the legislative session, more bills will be eligible for floor consideration now, which includes Sen. Joan Huffman’s anti-educator SB 13 that has already made it out of a Senate committee and could be placed on the Senate’s floor calendar at any time. ATPE members are urged to visit Advocacy Central and send messages to their lawmakers about this legislation and several other bad bills being considered this session.

 


The Texas Senate on Wednesday approved a bill designed to curb inappropriate educator relationships with students and “passing the trash.” ATPE Lobbyist Kate Kuhlmann reports that among other things, Senate Bill (SB) 7 by Sen. Paul Bettencourt (R-Houston) would prohibit educators who are dismissed from their positions in one school district due to sexual misconduct from being hired at another district, a practice sometimes referred to as “passing the trash.” (ATPE testified in support of SB 7 in committee and offered more on the contents of the bill here.)

SB 7 was amended on the Senate floor this week to add a requirement that educator preparation programs offer training on the topic of misconduct. ATPE supported the addition of the training provision because we hear from educators that too often the topic of appropriate student boundaries and relationships goes unaddressed with students training to enter the education profession.

The Senate also added two amendments by Sen. Royce West (D-Dallas), which clarify reporting language for principals and ensure educators know how to respond when inappropriately approached by a student. Another floor amendment by Sen. Van Taylor (R-Plano) revokes the pensions of those educators convicted of certain felonies involving a student.

SB 7 passed the Senate unanimously, and all 31 senators signed on as co-authors of the legislation. The bill now goes to the House for consideration.

 


Also this week, the Senate Committee on State Affairs held a marathon overnight hearing on Senate Bill (SB) 6 by Sen. Lois Kolkhorst (R-Brenham), one of the session’s most controversial proposals to regulate bathroom usage policies of school districts, municipal governments, and other entities. The committee heard 13 hours of public testimony mostly from witnesses opposed to the bill, before voting 8-1 to send the measure to the full Senate. Sen. Judith Zaffirini (D-Laredo) was the only no vote. Those opposing the bill included all four of the state’s major teacher groups, the Texas Association of School Boards, and the Texas Association of School Administrators. Many education stakeholders believe the bill unnecessarily dictates policies that must be adopted by local school boards rather than providing for local control. SB 6 is another of Lt. Gov. Patrick’s top priorities for the 2017 legislative session.

 


Congress voted this week to freeze two ESSA regulations that had been finalized only recently by the Obama administration. The rules pertain to teacher preparation and accountability and are headed to President Trump’s desk for final repeal approval. ATPE Lobbyist Kate Kuhlmann has more on the anticipated repeal here.

 


DST_2017