Tag Archives: Mary Gonzalez

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 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.

 


 

Teach the Vote’s Week in Review: March 3, 2017

ATPE members are heading to Austin this weekend to advocate for their profession. Here’s a look at the current climate for education policy and politics in Texas:


With voucher interest on the rise in Washington, DC, all signs point to public opinion in Texas being mixed, at best, about the idea of privatizing education. More Texans seems to have insurmountable concerns about using public tax dollars to fund private or home schools, whether the objection is the lack of accountability on the part of those entities, the belief that public schools will suffer from a reduction in their funding, or the fear that vouchers will lead to government intrusion into private institutions that have not historically had to worry about being regulated.

This week on our blog, ATPE Lobbyist Kate Kuhlmann shared information about two voucher bills filed at the federal level. Both the proposed “Choices in Education Act of 2017” (H.R. 610) and the “Creating Hope and Opportunity for Individuals and Communities through Education Act” or CHOICE Act (S. 235) have members of the Texas congressional delegation as cosponsors. Also, President Trump has voiced clear support for funding vouchers at the federal level.

Kuhlmann and Sampley at Tribune 02-28-17

ATPE Lobbyist Kate Kuhlmann and Humble ATPE member Gayle Sampley attended Tuesday’s Texas Tribune interview with Rep. Dan Huberty.

In Texas, however, the outlook for vouchers is darker. On Tuesday, ATPE helped sponsor the Texas Tribune‘s interview with Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee. Asked about the likelihood of voucher bills being considered this session, Huberty expressed his belief that vouchers are a dead issue on the House side, as noted in this week’s blog post by ATPE Lobbyist Mark Wiggins. (Click here for video of the exchange between Huberty and the Texas Tribune’s Evan Smith.)

Huberty’s remark drew ire from supporters of the so-called “school choice” legislation that both Lt. Gov. Dan Patrick and Gov. Greg Abbott have prioritized this session. Pro-voucher groups like Texans for Education Opportunity have been using robo-calls and letters to try to urge House members to take a vote this session on vouchers, and now they are hoping to convince the state’s Republican Party to discipline Chairman Huberty over his anti-voucher sentiments.

Also this week, Rep. Ron Simmons (R-Carrollton) held a press conference with a gaggle of other state representatives to tout his House Bill 1335 that would fund vouchers for at-risk students or those with special needs through an Education Savings Account (ESA). That bill has already been referred to the House Public Education Committee, which Huberty chairs.

The voucher debate is one of several high-profile education issues being discussed today during another event hosted by the Texas Tribune. In Houston, both Chairman Huberty and Senate Education Chairman Larry Taylor (R-Friendswood) are participating in “A Symposium on Public Education,” where their differing views on vouchers are being showcased. Huberty and Taylor will have a chance to debate the issue again on Sunday when the two of them will sit on a panel of legislative leaders speaking during ATPE at the Capitol.

Stay tuned to Teach the Vote next week for an update.

 


SBECThe State Board for Educator Certification (SBEC) is meeting today in Austin. The agenda includes a discussion of the possibility of adding a new certificate for teachers of early childhood education. As we reported on our blog recently, the Texas Education Agency solicited input from stakeholders about the idea and will share the results of those surveys at today’s meeting. ATPE Lobbyist Kate Kuhlmann is there and will have a detailed report for our blog after today’s SBEC meeting.

 


On Tuesday, the House Public Education Committee conducted an initial hearing on school finance. ATPE Lobbyist Mark Wiggins wrote a summary of the hearing, which featured invited testimony from panelists representing several school districts. The committee will be meeting again next Tuesday, March 7, to hear a handful of bills pertaining to school funding mechanisms. Chairman Dan Huberty (R-Kingwood) has also announced that he will introduce a new school finance bill on Monday. Huberty and Sen. Larry Taylor (R-Friendswood) who chairs the Senate Education Committee report that they are working together to craft some ideas for improving the state’s school finance system, but they also concede that it will likely take multiple legislative sessions to solve the current problems.

 


Donna Bahorich

Donna Bahorich

This week, the Texas Senate Committee on Nominations had an opportunity to review the performance of Texas Commissioner of Education Mike Morath and State Board of Education (SBOE) chairwoman Donna Bahorich. Bachorich is an elected member of the SBOE but has been appointed by Gov. Greg Abbott to serve as the board’s chair. The commissioner is an appointed position.

Chairwoman Bahorich and Commissioner Morath both gave testimony before the Senate Nominations Committee yesterday in support of their respective confirmations. Both were fairly well received by the committee members.

Chairwoman Bahorich in particular, who has chaired the board through one of its least contentious periods in recent memory, received a warm reception with only short positive interactions from the senators and no opposition from public testifiers.

While receiving plenty of support from the committee members, Commissioner Morath drew tougher questions from multiple senators on the new A-F accountability system. Additionally, the commissioner drew much more criticism from the public on issues as diverse as special education, hiring decisions at the Texas Education Agency that he oversees, and his own qualifications and appointment process.

While both nominations were left pending in the committee, there is no indication that either appointee will face any serious opposition in the Senate to getting confirmed this session.

 


ATPE at the Capitol squreSunday and Monday, hundreds of ATPE members are traveling to Austin for ATPE at the Capitol, our biennial political involvement training and lobby day event. Sunday’s agenda includes networking opportunities and training sessions for ATPE members on legislative issues; an opening keynote presentation by Superintendent John Kuhn; and a panel discussion with Sen. Larry Taylor (R-Friendswood), Rep. Dan Huberty (R-Kingwood), and Rep. Mary Gonzalez (D-Clint) to be moderated by TWC/Spectrum News host Karina Kling. On Monday, ATPE members will visit the Texas State Capitol for meetings with their legislators to discuss issues such as education funding, testing and accountability, privatization, healthcare, and anti-educator bills prohibiting payroll deduction for association dues.