Tag Archives: legislative update

Breaking news: Capriglione appointed chairman of House Appropriations

Rep. Giovanni Capriglione

Today, state Rep. Giovanni Capriglione (R-Southlake) was appointed chairman of the House Appropriations Committee by Speaker Dennis Bonnen. The appointment was made in the wake of former Chairman John Zerwas’s (R-Fulshear) retirement from the legislature. Rep. Capriglione will remain the chairman of the Appropriations Committee until the next legislative session, when a new speaker will be chosen and new committee assignments will be made.

Rep. Capriglione is a small business owner and has an extensive professional background in finance and investment. As part of their duties, the House Appropriations Committee deliberates on and approves the billions of dollars necessary to fund our Texas public schools. ATPE congratulates Rep. Capriglione on his appointment and wishes him well!

Teach the Vote’s Week in Review: Dec. 20, 2020

As you end the school year and cozy up for the holidays, please enjoy the last weekly wrap-up of 2019 from the ATPE Governmental Relations team. The ATPE state office will be closed from Dec. 23 to Jan. 4, reopening on Jan. 6, 2020. Expect our next Teach the Vote weekly wrap-up blog post to be published on Jan. 10, 2020.


ELECTION UPDATE: With candidate filing seemingly complete – after a few extensions in races where there were late withdrawals – we’re now getting a good picture of the match-ups that will be on the ballots for the Texas primary election on Super Tuesday, which is March 3, 2020. ATPE Lobbyist Mark Wiggins shares some of the insights plus endorsement news in his latest election roundup blog post here. Don’t forget that the deadline to register to vote in one of the primaries is Feb. 3, and you can verify your voter registration status here.

In the Houston and Dallas areas, candidates will be busy trying to garner voters’ support over the holidays for an upcoming runoff election on Jan. 28, 2020. The runoff is for special elections deciding three vacant House seats: Texas House District 28, 100, and 148. Early voting starts Tuesday, Jan. 21. If you live in one of those three districts and are not yet registered to vote, you have until Dec. 29, 2019, to register to vote in the runoff, even if you did not vote in the original special election in November.

We at ATPE join our partners in the Texas Educators Vote coalition in thanking educators for their involvement and helping us spread our “Get Out The Vote” (GOTV) messages around the state. We hope you’ll take advantage of the many election resources available at TexasEducatorsVote.com and prepare to be an informed voter in 2020 by learning about the candidates. ATPE will be updating our Teach the Vote website in January with profiles of all candidates running for the Texas House or Senate, plus the State Board of Education. In the meantime, learn more about your incumbent state legislators, including how they voted in the 2019 legislative session on education issues, by viewing their profiles on Teach the Vote.


ATPE is helping our friends at The Texas Tribune to promote a new resource for Texans to learn about voting in the Nov. 2020 general election: Teach Me How to Texas. Learn everything you need to know about Texas elections in The Texas Tribune’s free five-week crash course. You’ll learn interesting facts about Texas’ past and culture, how different communities and regions in Texas vote, how candidates raise and spend money, how to spot a good poll from a bad one, and how to decode your November ballot. Click here to sign up!


The Teacher Retirement System (TRS) Board of Trustees met in Austin last week, and ATPE Senior Lobbyist Monty Exter attended the meetings. The board discussed space planning needs for the TRS agency, a recent actuarial valuation of the TRS Pension Trust Fund, and a funding policy that will affect future benefits, on which ATPE provided testimony. Read more details about the meeting in this week’s blog post from Exter.


When you have some free time over the holiday break, ATPE encourages all of our members to take a few minutes to log into the ATPE website and answer our “Your Voice” survey on ATPE’s Advocacy Central. It’s a quick, three-question survey about which education issues are most important to you. Let us know which legislative issues you care about the most and want ATPE to work on in 2020 and beyond!

Click on the photo to hear a quick message from ATPE Executive Director Shannon Holmes about the survey.

 


 

Teach the Vote’s Week in Review: Nov. 22, 2019

Ready for Thanksgiving? Gobble up this week’s education news from the ATPE Governmental Relations team! We wish you a happy Thanksgiving and will post our next weekly summary on Dec. 6, 2019.


ELECTION UPDATE: Republicans in the Texas House of Representatives have launched a new PAC with the help of GOP strategist Karl Rove, and a new round of poll results show President Donald Trump shouldn’t take Texas for granted. Read more in this week’s election roundup from ATPE Lobbyist Mark Wiggins.

A runoff election date of Jan. 28, 2020, has been set for special elections in House Districts 28, 100, and 148. Unless you live in those districts, your next opportunity to vote will be the primary elections on March 3, 2020. Check to see if you are registered to vote here. If you’re not, the deadline to register to vote in the primary by Feb. 3, 2020! Visit TexasEducatorsVote.com to get involved, find activities you can do to drive more participation in elections, and sign up for voting updates.


You may be familiar with your legislators’ position on public education, but do you know how your state representative or senator actually voted on education bills this past session? ATPE lobbyists have carefully hand-picked key education votes from the 86th legislative session and uploaded them to all state legislators’ profiles on our Teach the Vote website for your review.

This collection of recorded votes aims to help Texans find out how their own lawmakers voted on major public education issues and ATPE’s legislative priorities. We invite you to use our search page to gain insight into incumbents’ views on public education. Share the information with your friends and family, too, to help inform decisions at the polls during the critical 2020 election cycle. Also, read up about our featured education bills in the first of a two-part blog series by ATPE Governmental Relations Director Jennifer Mitchell on the record votes and their significance within the broader legislative process.

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


Do you think the state places too much emphasis on standardized testing? Is there another issue you wish the state would address? Tell us about it in our short, three-question survey. This survey is meant to gather ATPE members’ opinions on education issues, including results of the last legislative session. Don’t worry if you didn’t follow the last session too closely, as the ATPE lobby team still wants to hear from you so that we can best represent your voice at the Texas Capitol.

Take our new “Your Voice” survey on ATPE’s Advocacy Central. You must be signed into the ATPE website as a member to participate in the survey, so call the ATPE Member Services department at (800) 777-2873 if you’ve forgotten your password.


The Texas Education Agency (TEA) has released a new video in its “HB 3 in 30” series explaining the various (and plentiful) aspects of the 86th Legislature’s omnibus school finance bill, House Bill (HB) 3. This week’s video dives into K-2 diagnostics, including streamlining of kindergarten readiness instruments, first and second grade diagnostics, dyslexia screening, and professional development. The video gives an overview of new requirements, optional tools and supports, and practice considerations.


 

Exploring legislators’ 2019 voting records on education: Part I

Last week on TeachtheVote.org, ATPE published a series of voting records for all Texas state lawmakers, analyzing their actions taken on significant education-related legislation. This blog post is Part I of a two-part feature on the record votes. Here, we’re taking a closer look at how the ATPE lobby team analyzed and chose the record votes that are featured on the legislators’ profiles.

Which bills are featured in the 2019 legislative voting records on Teach the Vote, and why were they chosen?

Without question, the most significant bill debated and ultimately passed by the 86th Texas Legislature this year was House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood). This major school finance and public education reform bill, deemed the top priority of the session, resulted in $6.5 billion in increased funding for public education and $5 billion for property tax relief. ATPE’s lobbyists have written extensively about the omnibus bill here on our Teach the Vote blog, and the Texas Education Agency (TEA) has also dedicated a set of online resources to helping Texans understand the many components of the bill. With its high profile, HB 3 figures prominently in the 2019 record votes compiled by ATPE. We’ve selected both the House’s and Senate’s votes on HB 3 on “third reading” as the first record vote featured in this year’s list for Teach the Vote.

There are also a few votes on floor amendments to HB 3 that made our list this year. On the House side, we’ve provided representatives’ votes on House Floor Amendment #15 to HB 3, which dealt with charter school transparency and efficiency. The amendment by Rep. Ernest Bailes (R-Shepherd), which passed and was incorporated into the House’s version of HB 3 but later stripped out by the Senate, requires charter schools to undergo an audit of their fiscal management. The Bailes amendment would have required such an audit to be conducted before a charter could expand or open new campuses, and it also called for charter schools to share the results of those audits publicly on their websites.

For senators, we similarly tracked their votes on three amendments to HB 3:

  • Senate Floor Amendment #8 by Sen. Jose Menendez (D-San Antonio) attempted to remove from the Senate’s version of HB 3 a controversial merit pay program that ATPE and most of the education community opposed.
  • Senate Floor Amendment #30 by Sen. Judith Zaffirini (D-Laredo) also failed to pass but aimed to provide a guaranteed pay raise for all professional public school employees. While teacher pay was another high-profile issue debated throughout the 2019 legislative session, most discussions about pay raises at that point in the session had been limited to classroom teachers and librarians.
  • Also, Senate Floor Amendment #66 by Sen. Jose Menendez (D-San Antonio) was an unsuccessful attempt to add language to the Senate’s version of HB 3 to ensure that state standardized tests were written at the appropriate grade level. Testing was also a subject of great importance to the education community during the legislative session, particularly after studies found that certain test questions on the STAAR test had been written at reading levels well above the grade level being tested. Although the Menendez floor amendment did not get approved by the Senate, another bill passed during the 2019 legislative session (HB 3906) requires a study of STAAR readability, and results of that study should be released beginning in December.

HB 3 ultimately included some additional funding for increasing educator compensation, but it was not the only bill pertaining to teacher pay that lawmakers debated in 2019. Early in the session, the Senate rallied behind Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound), which Lt. Gov. Dan Patrick (R) pledged would be one of the first bills passed by the full Senate in 2019. Although SB 3 was later rejected in favor of the alternative compensation-related language in HB 3, we’ve included the Senate’s third reading vote on SB 3 in our list of record votes due to its early significance.

ATPE also supported a stand-alone bill in 2019 that was designed to fund and strengthen mentoring programs for teachers. The House’s third reading vote on HB 102 by Rep. Diego Bernal (D-San Antonio) made our list of record votes this year. HB 102 did not get heard in the Senate, but its language was later incorporated into HB 3.

Another piece of legislation related to educator quality produced one of the record votes published on Teach the Vote this year. The House voted to approve HB 1276 by Rep. Jon Rosenthal (D-Houston) on third reading. HB 1276 was designed to prevent elementary grade students from being assigned for two consecutive school years to teachers who had less than one year of teaching experience or teachers who were not certified in the subject being taught as part of the foundation curriculum. Exceptions would have been provided under HB 1276 for new transfer students and for students whose parent or guardian consents to the non-compliant placement. Also, the bill would not have applied to school districts serving fewer than 5,000 students, those exempted under the District of Innovation (DOI) law, or those districts that received a hardship waiver from the commissioner of education. Unfortunately, this ATPE-supported bill did not get heard in the Senate.

School safety was another high priority issue debated during the 2019 legislative session. The key piece of legislation on keeping schools safe was SB 11 by Sen. Larry Taylor (R-Friendswood), aimed at driving funding to implement school safety improvements and provide mental health resources. We’ve featured on our website the third reading vote taken on this bill in both the House and Senate chambers. Also on our list is the House’s treatment of House Floor Amendment #8 by Rep. Steve Allison (R-San Antonio) to SB 11, aimed at improving mental health support by requiring the state to identify regional resources that schools could use to address their students’ mental health needs. Legislators were considering a number of different measures pertaining to mental health resources in the context of the debate about school safety. Particularly in the House, some lawmakers were openly skeptical of efforts to link students with outside mental health professionals, worried about privacy concerns, and generally opposed to perceived government overreach. The controversy surrounding those issues had seemingly killed another high-priority bill aimed at addressing mental health earlier on the same evening that SB 11 was being debated. House leaders used Rep. Allison’s floor amendment as a vehicle for resurrecting the lost bill. Thus, Allison’s original amendment to SB 11 passed, was reconsidered, got amended to include language from the other mental health bill that had already been voted down, and then Floor Amendment #8 passed again. We provided data on both votes approving Floor Amendment #8 since there were some representatives who opted to change their position on the Allison amendment after it was expanded.

The Teacher Retirement System (TRS) also garnered attention during the 2019 session and was an ATPE legislative priority. Lawmakers approved Senate Bill 12 by Sen. Joan Huffman (R-Houston), which increased the contribution rates for the TRS pension fund. ATPE included the third reading votes on this bill taken by both the House and Senate among our record votes compilation. The legislature’s passage of SB 12 resulted in immediate actuarial solvency for the fund, which made it possible for TRS to issue a one-time 13th check to retirees in Sept. 2019. Read more about the TRS bill here.

Another ATPE legislative priority for 2019 was opposing vouchers and stopping the privatization of public schools in any form. Few voucher bills were considered this session, but the full Senate did take a vote on Sen. Taylor’s SB 1455, which we included on our list of record votes. The bill would have expanded full-time virtual schools and created a “virtual voucher.” Despite passing the Senate, SB 1455 did not make it out of a committee on the House side.

The House also took a record vote on HB 1133 by Rep. Jonathan Stickland (R-Bedford), which is included on our list. That bill produced one of the most dramatic debates but did not garner enough votes to pass the House. HB 1133 would have weakened the existing 22:1 cap on elementary school class sizes by moving to a campus-wide, grade-level average. Many ATPE members reached out to their legislators in opposition to this bill, which would have allowed class sizes in the lower grades to dramatically expand.

Finally, there are a few record votes on our list this year that pertain to efforts to restrict legislative advocacy by school districts or dissuade educators from being politically active. One such bill was SB 1569 by Sen. Pat Fallon (R-Prosper), which the Senate voted to approve on third reading but the House left pending in committee. ATPE staunchly opposed SB 1569, which would have restricted educators’ First Amendment rights to engage in political speech, limited their ability to teach students about elections, and unreasonably subjected educators to criminal penalties. Another troubling bill was SB 29 by Sen. Bob Hall (R-Edgewood), which tried to prohibit school districts and other local governmental entities from funding legislative advocacy efforts or paying membership dues to organizations that engage in legislative advocacy. SB 29 made our record votes list in two places. First, the Senate voted to approve the bill on third reading. Later, the House voted the bill down. Interestingly, the vote to defeat SB 29 on the House floor became even more significant after the legislative session ended, when certain Republican lawmakers who opposed the bill were seemingly targeted for retribution by their own party leadership in a taped discussion between House Speaker Dennis Bonnen and the head of the controversial dark money group, Empower Texans. The scandal resulted in Bonnen’s announcing that he would not seek re-election, opening the door for election of a new speaker when the 2021 legislative session convenes.

In any legislative session, there are limited votes taken on the record, offering relatively few options for us to showcase how individual legislators voted on education-related bills. However, we believe the votes listed above offer an informative glimpse into the treatment of public education by the 86th Texas Legislature, and we invite you to check out how your legislators voted by looking them up on our search page here on Teach the Vote. Stay tuned to Teach the Vote for Part II of this blog feature where the ATPE lobbyists will explain more about the usefulness and limitations of record votes in general.

Teach the Vote’s Week in Review: Nov. 8, 2019

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


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

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

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

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


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


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


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

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


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

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


 

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

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


ELECTION UPDATE: Today is the first day of November, but it’s your last day to vote early in the constitutional amendment election slated for Tuesday, Nov. 5, 2019.

ATPE is urging all educators to learn what’s on the ballot. (Since you’ll be turning back your clocks this weekend, you’ve got an extra hour to read up on the proposed amendments!) If you miss your chance to vote early today, be sure to go vote on Election Day next Tuesday.

ATPE Lobbyist Mark Wiggins has written an update today on a closely watched special legislative election that is also taking place on Tuesday. Additionally, ATPE Senior Lobbyist Monty Exter has written a post for our blog this week on how to build a culture of voting and get into the habit of voting in every election. Don’t miss your chance to shape the future of public education in Texas. Go vote!


The House Public Education Committee was in town this week for an interim hearing on the implementation of House Bill (HB) 3 and other recent legislation. Monday’s hearing featured invited testimony only, including a presentation by Commissioner of Education Mike Morath. Read more about the meeting in this blog post from ATPE Lobbyist Andrea Chevalier.


Members of the Texas State Senate received their homework assignments this week. Lt. Gov. Dan Patrick, who presides over the Senate, formally released the Senate’s interim charges on Wednesday, Oct. 30, 2019. The charges direct members of the Senate’s various committees to spend the rest of the legislative interim studying particular issues and making recommendations for any new legislation that might be needed in 2021 to address those issues. The interim charges related to public education include a range of topics including teacher recruitment, student discipline, and restricting educators’ political activities. Learn more about what’s in the Senate interim charges in this blog post from ATPE Lobbyist Mark Wiggins.


The Texas Education Agency (TEA) issued a formal report to the legislature this week about Houston ISD, the largest public school district in Texas. Following an investigation, TEA is recommending that  a board of managers be appointed to oversee the district in place of its current elected school board. The school district, meanwhile, has gone to court seeking injunctive relief to prevent Commissioner of Education Mike Morath from taking that action. The lengthy TEA report shared with lawmakers on Wednesday cites improper contracting procedures and violations of the state’s open meetings laws by HISD’s board of trustees. Learn more in this reporting from the Texas Tribune.


On Wednesday, Oct. 30, 2019, the Texas Senate Select Committee on Mass Violence Prevention and Community Safety met again to take testimony from experts and discuss two of its charges. The emphasis of this meeting was on the role of digital media, the dark web, and culture on violence and policy regarding the wearing of masks. Panelists and senators discussed how social media, video games, mental health, and juvenile justice policies have impacted violent occurrences and explored potential legislative actions. Watch the archived hearing here.


 

Senate interim charges include investigating educators’ political activity

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

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

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

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

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

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

Senate Committee on Criminal Justice

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

Senate Education Committee

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

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

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

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

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

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

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

Senate Finance Committee

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

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

Senate State Affairs Committee

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

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

House Public Education Committee gets an update on accountability, school finance bills

House Public Education Committee interim hearing, Oct. 28, 2019.

The House Public Education Committee met on Monday, Oct. 28, to hear an update on legislation from the 85th and 86th legislative sessions and testimony from panels of invited witnesses.

The interim hearing began with an overview from Texas Commissioner of Education Mike Morath on public school accountability. Specifically, the committee heard about House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) passed by the 85th Texas Legislature in 2017. That bill shrank the accountability system from five to three domains. HB 22 also created a distinction between campus and district accountability “grades” of “D” and “F,” such that a rating of “D” would represent a “needs improvement” condition rather than a “failing” status. As the Texas Education Agency (TEA) has implemented HB 22, several problematic scenarios have emerged due to multiple interpretations of the law.

One such scenario pertaining to the timeline for accountability sanctions and interventions has left districts wondering where they stand and waiting for guidance in the form of commissioner’s rules or clarifying legislation next session. Specially, does a “D” rating break up a series of “F” ratings in a manner that would restart the clock for purposes of determining required interventions? Since HB 22 is slated to take full effect in the 2020-21 school year, legislators and TEA officials are facing pressure to find a solution, such as delaying the adoption of rules, for districts grappling with questions like these. Commissioner Morath told the committee on Monday that he will be reaching out to affected districts to try to provide guidance.

Due to issues like these, we can probably expect another accountability clean-up bill to be filed in the 2021 legislative session. The commissioner suggested two statutory changes that may help alleviate the problems. The first is to eliminate required interventions for failure in a domain grade, leaving mandatory interventions in place based on a district’s or campus’s overall grade. The second suggestion is to change the “D” rating so that it continues to advance the intervention clock but would not require school closure or the appointment of a Board of Managers unless performance falls to an “F” and no less than six years have elapsed.

Texas Commissioner of Education Mike Morath

Commissioner Morath also gave the committee an update on the local accountability system pilot, which allows school districts to use additional indicators that their communities find important. Nineteen districts participated in the 2017-18 pilot year and submitted pilot data. The commissioner identified three big challenges that districts faced when creating their systems: would the local accountability system produce 1) reliable results over time, 2) results that accurately measure a desired result, and 3) a reasonable accountability score that was “calibrated” with the state accountability system. The commissioner stated that these challenges were used as the criteria against which districts were rated in determining whether to approve their local accountability system.

Ultimately, only two districts, Dallas ISD and Snyder ISD, had their local accountability systems approved by the commissioner, which prompted committee members to raise concerns during Monday’s hearing. One superintendent who testified during the hearing stated that his district’s application was denied because, according to the TEA, the district had focused too much on “adult behavior” inputs that were not directly measured using student achievement data. The superintendent gave the example of using incentives to increase the use of AVID (Advancement Via Individual Determination) as part of its local accountability system proposal. ATPE has long advocated for including inputs in the accountability system, such as ensuring that students are taught by educators who are certified in the subjects and grade levels they are teaching. We believe that such measures are more directly controllable by districts and individual educators than other factors and typically lead to better student outcomes. During Monday’s committee meeting, a panel of school superintendents and other public education advocates also gave feedback on implementation of the state’s accountability system, similarly expressing a desire for the inclusion of inputs related to such “adult behaviors.” They also recommended enabling the state accountability system to be more nuanced to account for the correlation between poverty and student tests scores, and they advocated for delaying the adoption of commissioner’s rules until the HB 22 implementation issues can be cleared up with legislation in 2021.

The committee also received an update from the commissioner on the implementation of HB 3, the school finance overhaul bill passed during the 86th session of 2019. Commissioner Morath stated that there was a $635 average increase in per pupil funding as a result of the bill, and he plugged TEA’s “HB 3 in 30” video series, which offers in-depth explanations of various aspects of HB 3. Other updates were given to the committee on the following:

  • The STAAR readability study required by HB 3 is being conducted by the University of Texas at Austin. An initial report is due to the legislature by Dec. 1, 2019, and a second portion of the report is expected by Feb. 1, 2020. The commissioner told the committee that if the study concludes that changes to the test are needed, then those will be made.
  • The commissioner shared that TEA plans to collect data on pay raises resulting from HB 3 starting sometime near January 2020. A report to the legislature would then be expected by March 2020.
  • There has been a 56% growth in students receiving special education services over the past three years, which could reflect more students being identified as having dyslexia.
  • The committee discussed unintended funding consequences for fast-growth school districts and career and technical education (CTE) funding in small/mid-sized districts as a result of HB 3’s changes.

Another panel of public education advocates and practitioners gave feedback on the implementation of HB 3, telling the committee members that more clarity is needed on aspects of the legislation, such as its incentive pay program and related merit designations for teachers. Some panelists expressed concern about the sustainability and mechanisms of funding under the bill, such as outcomes-based funding in which money for one group of students is based on the performance of a previous group of students. As the rulemaking process for implementing HB 3 continues, ATPE will monitor TEA’s interpretation of these concerns.

At the end of Monday’s hearing, Chairman Huberty stated that he did not anticipate any more House Public Education Committee hearings this year. Stay tuned into our blog and keep up-to-date with legislative developments by following ATPE’s lobby team on Twitter via @TeachtheVote, @ATPE_JenniferM, @ATPE_MontyE, @ATPE_AndreaC, and @MarkWigginsTX.

Learn what’s on the ballot for the Nov. 2019 election 

What’s this constitutional election buzz all about anyway?

You’ve probably been hearing about the importance of voting in the upcoming constitutional amendment election on Nov. 5, 2019. After all, it’s not every day that Texas voters have an opportunity to revise the Texas Constitution. This year, the 86th Texas Legislature passed 10 joint resolutions that propose amendments to the constitution and require voter approval. Every Texan who is registered to vote has the right to decide whether those 10 amendments become part of the state’s constitution. But only those who actually exercise that right to vote will get to determine whether the amendments become the law of the land or simply fade away.

Before you head to the polls with family and friends, do your homework and take a minute to learn about all 10 proposed amendments. We will cover two of the proposed amendments with direct correlation to public education here. Proposition 4 (HJR 38) impacts the potential for future establishment of a state income tax, and Proposition 7 (HJR 151) increases the amount the General Land Office can distribute from the Permanent School Fund to the Available School Fund each year from $300 million to $600 million.

Proposition 4 (HJR 38) as it will appear on the ballot reads as follows: “The constitutional amendment prohibiting the imposition of an individual income tax, including a tax on an individual’s share of partnership and unincorporated association income.”

Here’s what that really means:

Texas Proposition 4 modifies the current constitutional restrictions against legislative imposition of a state income tax. The state of Texas is widely known for not imposing a state income tax. The current state constitution in Article Vlll, sections 1(c) and 24, prohibits legislators from creating an income tax unless there is a statewide vote to approve such a tax. While polling suggests that it is unlikely that Texas voters would agree to an income tax, should that change, the current constitution also mandates how the revenue from any such income tax would have to be spent: two-thirds of the income tax revenue would go toward property tax reduction, while one-third of the income tax revenue would be spent on public education. This year’s Proposition 4 is designed to make it even less likely that Texans would ever pay a state income tax by repealing the current constitutional language referring to the statewide referendum and replacing it with language that simply prohibits the imposition of an “individual income tax” at the state level. The functional effect of this change is not to make it absolutely impossible for there to be an income tax in Texas in the future, but rather to increase the legislative votes necessary to overturn such a prohibition. Two-thirds of the legislature would have to agree to letting voters decide whether or not to add a state income tax in the future if this proposition passes in November.

A vote “for” Proposition 4 would mean that you agree with the proposition to change the current language in the constitution restricting a state income tax. A vote “against” Proposition 4 means that you prefer the current language in the constitution that prohibits a state income tax unless legislators vote to allow statewide voters to reject or approve the proposed tax, which would be used to fund property tax reduction and public education.

Proposition 7 (HJR 151) as it will appear on the ballot states as follows: “The constitutional amendment allowing increased distributions to the available school fund.”

Here’s what that really means:

Proposition 7 would potentially affect the source, but not necessarily the amount, of state education spending by allowing for larger distributions from the Permanent School Fund (PSF). The PSF is an endowment established under Section 2, Article Vll, of the Texas Constitution for the financial support of public schools in Texas. Management of the fund is divided between the State Board of Education (SBOE), which oversees managing the fund’s financial investment portfolio, and the General Land Office, which through the School Land Board manages the fund’s land or real estate investments. Currently a portion of the PSF is transferred to the Available School Fund (ASF) each year to be used to purchase instructional materials for students and provide additional funding for public education. The remainder of the PSF is held for future use. Proposition 7 seeks to increase the amount of state funding for public schools being paid out of the ASF by increasing the permissible amount of the annual distribution from the PSF to the ASF from $300 million to $600 million.

This increase alone would not result in an increase in overall public education funding. Without additional statutory changes, Proposition 7 would simply reduce the amount of funding the legislature would be required to spend from other funding sources to meet the state’s obligation to fund public education. However, as we reported here on Teach the Vote over the summer, it is not clear how significantly Proposition 7, if approved by voters, might reduce the state’s need to tap into general revenue to support public schools in future legislative sessions.

Does ATPE have a position on these two proposed constitutional amendments?

No. As stated in the ATPE Legislative Program approved each year by our House of Delegates, ATPE supports a public education funding system that is equitable and adequate to provide every student an equal opportunity to receive an exemplary public education. ATPE also supports any form of state revenue enhancement and tax restructuring that accomplishes this goal. However, ATPE does not have an official legislative position specifically on banning/supporting an income tax; nor do we have an official legislative position relating to the percentage of public education funding that comes from the PSF or ASF.

What else is on the ballot?

Proposed constitutional amendments for the Nov. 2019 election in Texas

Click here to view the ballot language for all 10 of the proposed constitutional amendments along with analysis from the Texas Legislative Council. Also, our friends at the nonpartisan League of Women Voters of Texas (LWVTX) have put together a Constitutional Amendment Election Voters Guide that explains all the amendments and shares pro and con arguments along with a short video for each proposed amendment at the bottom of the page. It’s an easy-to-understand resource that ATPE encourages you to check out before you vote.

Special elections:

If you happen to live in one of three Texas House districts, you’ll also have a chance during the Nov. 2019 election to choose a new state representative. Three state representatives have resigned from their seats, necessitating special elections in those districts. The winner of each special election will serve out the remainder of the current term until Jan. 2021. Barring a special session being called by the governor, it is unlikely that those elected through November’s special election will have a chance to vote on any bills, but the winners of those special elections will be able to claim incumbent status next year, often deemed an advantage for anyone who decides to run for the same office in the regular election cycle that will take place in 2020.

These special elections for legislative seats will be taking place in House districts 28,100, and 148. In what the Texas Tribune has described as “the most closely watched race” this fall, ATPE’s lobby team has profiled the candidates seeking the House seat in district 28, which you can read here.

Other local ballot measures will vary throughout the state depending where you live. Voters can visit Vote411.org to view and print out a sample ballot showing exactly what will you will be voting on in your area.

Early voting runs from Oct. 21 through Nov. 1, and election day is Nov. 5, 2019.

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

Happy Friday! Here’s a look at this week’s education news from the ATPE Governmental Relations team:


ELECTION UPDATE: ATPE Lobbyist Mark Wiggins has been tracking the latest election-related announcements and news for Teach the Vote. This week, read about recent news of planned departures from the State Board of Education next year, plus a look at the election coming up on Nov. 5. Check out our latest election roundup here. Also, be sure to follow our Teach the Vote blog next week when we’ll posting everything you need to know about voting in the constitutional amendment election.


We have been reporting on the special committees formed this year to examine issues related to school safety and preventing mass violence. A series of meetings are planned around the state during the interim to hear testimony from experts and the public and generate recommendations for the Texas Legislature to address in 2021. One such committee, the Texas House Select Committee on Mass Violence Prevention and Community Safety met Thursday, Oct. 12, 2019, in Farmer’s Branch.

The 13-member committee was formed earlier this year after the deadly mass shootings in El Paso and Odessa. The committee levied criticism at several major tech companies Thursday for failing to work with law enforcement in a timely and efficient manner in order to stop potential threats of mass violence. Facebook, Google, Twitter, Amazon, and Microsoft were invited to testify, but only Facebook sent a representative. Lawmakers pressed Facebook over how quickly it is able to respond to requests for information from law enforcement, and were frustrated by the company’s inability to give a specific response. You can read a full report on Thursday’s meeting courtesy of the Dallas Morning News. The House committee is scheduled to meet again next Thursday in Odessa.


FEDERAL UPDATE: ATPE is continuing its work in Washington, DC, spearheaded by our longtime federal lobbyist, David Pore, to advocate for Social Security reform that will help Texas educators earn fair and predictable retirement benefits. In this Congress, two bills have been filed to repeal and replace the Windfall Elimination Provision (WEP), which reduces the Social Security benefits earned by many ATPE members and other public employees. Pore spoke about the bills earlier this week during a panel presentation on advocacy moderated by ATPE Governmental Relations Director Jennifer Mitchell as part of the annual meeting of the national Coalition of Independent Educator Associations.

As we first reported on Teach the Vote back in July, Rep. Kevin Brady (R–The Woodlands, Texas) has filed H.R. 3934, the “Equal Treatment of Public Servants Act” (ETPSA), which is an updated version of similar legislation he previously filed in an attempt to fix the WEP. Rep. Richard Neal (D–Springfield, Mass.) followed suit at the end of September, filing H.R. 4540, the “Public Servants Protection and Fairness Act” (PSPFA). Both bills would replace the WEP with a more predictable, proportional formula for calculating Social Security benefit payments of future retirees, and provide a monthly stipend for those workers over the age of 60 who are already retired and eligible for Social Security.

This week, ATPE issued a press release in support of both bills and urged Congress to take action on the issue. It is unclear if or when the WEP legislation might be heard this year, particularly in light of the congressional focus having shifted recently and almost exclusively toward the prospect of impeachment proceedings. Still, ATPE is thankful for the bipartisan effort being made to address the WEP. We especially appreciate the longtime work of both Congressmen Neal and Brady on this front, and their willingness to involve stakeholders like ATPE in the development of the bills. Congressman Neal chairs the U.S. House Committee on Ways and Means in which the bills would be heard, while Congressman Brady is the ranking member on the committee and its former chair.

Stay tuned to Teach the Vote for updates on our federal lobbying efforts. As a reminder, ATPE members can also use our communication tools on Advocacy Central to call or write to their representatives in Washington asking for their support of the ETPSA and PSPFA. (ATPE member login is required to access Advocacy Central.)


This week, the ATPE lobby team continued its “New School Year, New Laws” blog series with a report on how the laws enacted during the 86th Texas legislative session will impact educators’ pension and benefits. Chief among the changes enacted this year was Senate Bill 12, which will make the Teacher Retirement System (TRS) actuarially sound and allowed for the issuance of a 13th check to retirees last month. Check out the latest blog post in the series by ATPE Lobbyist Andrea Chevalier and watch for another installment on Monday.

Today, the Texas Education Agency (TEA) released a new “HB 3 in 30” video on the Blended Learning Grant Program. TEA’s ongoing video series is intended to make this year’s omnibus school finance bill, House Bill (HB) 3, more digestible by breaking out key provisions and explaining them in 30 minutes or less. Visit TEA’s HB 3 in 30 video website to watch the newest video and access others in the series.

Also related to HB 3, the commissioner of education has proposed new administrative rules to implement the new “Do Not Hire Registry” required by the bill. Public comments on the proposed rule are being accepted now through Oct. 21. Learn more about the rule and how to submit your comments here.


In case you missed it earlier this week, ATPE Lobbyist Andrea Chevalier provided a comprehensive summary of the State Board for Educator Certification (SBEC) meeting held Oct. 4, 2019. One of the most interesting discussions at the meeting was about what should constitute “good cause” for educators to abandon their contracts. The board opted to defer taking any action last week to change the criteria for SBEC sanctions in those instances, but you can expect the board members to have continuing discussions on this topic in the coming months. Read more about this and all the other matters discussed by SBEC last week in this blog post.