Tag Archives: New School Year New Laws

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.

New School Year, New Laws: Assessment

In last week’s “New School Year, New Laws” blog series penned by the ATPE lobby team, we discussed several bills passed during the recent 86th Legislative session that will impact curriculum and instruction. This week, the ATPE lobby team will address legislative changes adopted this year that pertain to how the state evaluates teaching and learning through assessment.

House Bill (HB) 1244 by Rep. Trent Ashby (R-Lufkin): Civics questions on U.S. History exams

HB 1244 alters the U.S. History end-of-course (EOC) exam by requiring that it include 10 questions randomly selected by the Texas Education Agency (TEA) and pulled from the United States Citizenship and Immigration Services civics test. This is the test that is used during the naturalization process. Does this mean there will be new curriculum standards (TEKS) for U.S. History? No, the bill specifies that TEA must ensure that the questions on the new exam will be aligned with the existing TEKS. Additionally, TEA will be required to issue an annual report that provides the questions, answers, and student performance regarding the 10 civics questions. Student performance data included in the report will be disaggregated by district and campus. HB 1244 applies beginning with students who enter the ninth grade during the 2019-20 school year.

HB 3906 by Rep. Dan Huberty (R-Kingwood): Multifaceted assessments

HB 3906 makes several test-related changes that are effective with the 2019-20 school year. First, with regard to mathematics assessments: the State Board of Education (SBOE) will determine the sections of the grades 3-8 mathematics assessments on which students can use technology aids. TEA can now prohibit the use of technology on certain parts of the Algebra I assessment. Additionally, students can now use a calculator application on a “computing device” (computer) in place of a graphing calculator.

With regard to how TEA designs assessments, the target time it should take a student to complete a distinct “part” of the test was shortened. For grades three and four, the test should be designed so that 85% of students can complete the part within 60 minutes (previously 120 minutes). For grades five through eight, 85% of students should be able to complete the part within 75 minutes (previously 180 minutes). Lastly, assessments and end-of-course exams can now be split into multiple parts administered over more than one day, and the tests may not be administered on the first instructional day of the week (typically Monday).

Also effective immediately, TEA is required to establish an integrated formative assessment pilot program. Districts can opt into the pilot program, which will be used to determine if formative assessments improve instructional support and if they could potentially replace current assessments. TEA will also begin creating a transition plan for the eventual electronic administration of assessments, develop electronic interim assessments for districts to use, and create both technical and educator assessment advisory committees to provide recommendations to the commissioner and TEA on assessment development.

Some provisions in HB 3906 will roll out in the coming years. The bill eliminates the STAAR writing tests given in grades 4 and 7, which will take effect on Sept. 1, 2021. Under federal law, states are required to teach and assess “reading or language arts.” Texas does assess reading and will continue to do so under HB 3906. Also, by the 2022-23 school year, the amount of multiple choice questions on assessments will be limited to 75% and assessments will be administered electronically pursuant to this bill.

Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo): Continuing the individual graduation committees

Individual graduation committees allow a student to graduate in the event that they have completed all curricular requirements but have not passed their EOCs, even with a re-test opportunity. Students complete remediation and a project or portfolio to demonstrate proficiency in the course. Ultimately, the committee considers a variety of factors before making a decision on whether the student can graduate. The committees first came into existence with the enactment of a 2015 bill also carried by Sen. Seliger, but the law permitting the use of the committees was scheduled to expire. This year’s SB 213 extends the use of individual graduation committees for another four years, until 2023. This bill took effect immediately upon its passage.

HB 3 by Rep. Dan Huberty (R-Kingwood): Test-related provisions in the school finance and reform bill

Earlier this year, a New York Times article and other media reports cited multiple studies indicating that State of Texas Assessments of Academic Readiness (STAAR) tests were written above grade level. Spurred by consternation over such media reports, Chairman Huberty included in his HB 3 language that calls for an “assessment instrument study.” This requires TEA to work with a public institution of higher education to determine if each STAAR test is written at the appropriate grade level. Texas Commissioner of Education Mike Morath is required to submit a report on the findings of this study by Dec. 1 of this year.

The outcomes-based funding mechanism in HB 3 that relies on indicators of college, career, and military readiness will include performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery (ASVAB). HB 3 also includes district reimbursement for the administration of certain college prep assessments. Finally, HB 3 requires districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.


If you’d like to learn even more about how these and other legislative changes may affect you and your classroom, we encourage you to check out ATPE’s brand new publication, “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.” This digital guide compiled by ATPE’s legal staff aims to help educators become aware of new laws affecting instruction, compensation, student discipline, and much more. Access the comprehensive guide here. Next Monday, visit ATPE’s Teach the Vote blog once again for more highlights from this year’s legislative session when we’ll be featuring new bills that impact special education in Texas.

Teach the Vote’s Week in Review: Sept. 6, 2019

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


In the wake of the tragic shootings in El Paso and Odessa, Gov. Greg Abbott has issued executive orders addressing public safety. While most of the orders focus on improving agency-level responses like developing standardized intake questions and guidelines on when to submit Suspicious Activity Reports, executive orders number five and six deal directly with schools. The orders are as follows:

  • Order No. 5 The Department of Public Safety shall work with the Texas Education Agency and the Texas Higher Education Coordinating Board on ways to better inform schools, students, staff, and families about the importance of Suspicious Activity Reports and how to initiate that process.
  • Order No. 6 The Department of Public Safety shall work with local law enforcement, mental-health professionals, school districts, and others to create multidisciplinary threat assessment teams for each of its regions, and when appropriate shall coordinate with federal partners.

Learn more about the executive orders in this blog post by ATPE Lobbyist Andrea Chevalier.


Earlier this week U.S. Rep. Bill Flores (R-TX 17) announced that he would not be seeking re-election in 2020. This season has seen the announcement of a number of departures from Capitol Hill as well as many campaign launches. The special elections to fill the seats vacated by Rep. John Zerwas (R-Richmond), Rep. Jessica Farrar (D-Houston), and Rep. Eric Johnson (D-Dallas) have been set to coincide with voting on the constitutional amendments on Nov. 5th. The deadline to register to vote in the Nov. 5th election is Oct. 7. For more on the races in the upcoming election check out this blog post by ATPE Lobbyist Mark Wiggins. 


Curriculum and instruction is the subject of this week’s installment of ATPE’s blog series, “New School Year, New Laws.” This blog post examines bills such as House Bill 4310 by Rep. Harold Dutton (D-Houston) which stipulates that sufficient time be given for students to learn the scope and sequence of TEKS (Texas Essential Knowledge and Skills); and parts of House Bill 3 that provide funding for gifted and talented programs. For the full list of laws visit this blog post by ATPE Lobbyist Andrea Chevalier. 


The latest edition of the Texas Education Agency’s weekly video series, “HB 3 in 30,” covers special education and dyslexia. You can find a link to this week’s video and all previous videos here.


The Teacher Retirement System (TRS) has announced a time frame for retirees to receive their 13th ThinkstockPhotos-465016790_moneycheck. According to the TRS.Texas.gov website, retirees will receive their 13th check on or around Sept. 15, 2019. A list of frequently asked questions about the check can be found here. More of Teach the Vote’s coverage of Senate Bill 12 (the bill responsible for the 13th check) can be found in this blog post by ATPE Senior Lobbyist Monty Exter..


 

New School Year, New Laws: Curriculum and Instruction

When the 86th Texas Legislature convened for its 2019 regular session, members of the state Senate and House of Representatives focused much of their attention on school finance and school safety. Issues that once held center-stage in a legislative session, like accountability, vouchers, and payroll deduction took a backseat (or weren’t even in the car). However, there were several bills passed this year that will impact teachers’ bread and butter – teaching and learning. In this week’s “New School Year, New Laws” post, we will fill you in on legislative changes impacting curriculum and instruction.

House Bill (HB) 391 by Rep. César Blanco (D-El Paso): Printed instructional materials

By law, parents are entitled to request that their child be allowed to take home instructional materials. Districts and charter schools must honor this request. However, in some cases, those instructional materials are online and the parents do not have the appropriate technology at home to access them. In this event, HB 391 dictates that the district or charter school provide the materials in print, which could be printouts of the relevant electronic materials. This law became effective immediately upon its passage.

HB 2984 by Rep. Steve Allison (R-San Antonio): Technology applications TEKS

Technology applications is part of the “enrichment curriculum” offered by school districts. HB 2984 directs the State Board of Education (SBOE) to revise the grades K-8 Texas essential knowledge and skills (TEKS) for technology applications, specifically by adding in curriculum standards for coding, computer programming, computational thinking, and cybersecurity. The SBOE must complete this task by Dec. 31, 2020, so be on the lookout for information from ATPE about opportunities to participate in the process and provide public comment.

HB 3012 by Rep. James Talarico (D-Round Rock): Providing instruction to students who are suspended

Most teachers have probably experienced what happens when a student is placed in either in-school or out-of-school suspension (ISS/OSS). The student often comes back to the classroom having missed days or weeks of instruction that can be hard to make up. HB 3012 requires districts to provide suspended students with an alternative means of accessing all “foundation curriculum” or core coursework (math, science, English language arts, and social studies). The district must also provide at least one option for receiving the coursework that doesn’t require access to the Internet. Whether or not this requirement for providing coursework will trickle down to the individual teacher level is still unclear. This bill became effective immediately.

HB 4310 by Rep. Harold Dutton (D- Houston): Time for scope and sequence

HB 4310 applies to the scope and sequence created by districts for foundation curricula. Under the new law, a district must ensure sufficient time for teachers to teach and students to learn the TEKS in a given scope and sequence. Additionally, a district cannot penalize a teacher who determines that their students need more or less time and thus doesn’t follow the scope and sequence. However, the law does say that a district can take action with respect to teachers who don’t follow the scope and sequence if there is documented evidence of a deficiency in their classroom instruction. This law became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): G/T programming and funding

The gifted and talented (G/T) allotment was eliminated in this year’s big school finance bill, HB 3, but the requirement that school districts provide G/T programming did not go away. When HB 3 was heard by the House Public Education and Senate Education committees, many parents and students testified on the importance of keeping gifted and talented programming and urged lawmakers to maintain the allotment. In response, Chairman Huberty and other lawmakers explained that funding for G/T through the allotment has been capped at 5% of average daily attendance, even though a district may actually enroll more than 5% of its students in G/T programs. As a result, every district essentially received the maximum amount possible. HB 3 rolls this amount into the new basic allotment as the mechanism for funding G/T, rather than having a stand-alone allotment.

To quell fears that G/T programs might disappear along with the allotment, HB 3 states that districts must provide a G/T program consistent with the state plan for G/T and must annually certify to the commissioner of education their compliance with the law. If a district does not comply, the state will revoke its funding in an amount calculated using the same formula for the old G/T allotment. The bill also requires districts to comply with the use of G/T funds as outlined in State Board of Education (SBOE) rule.

These changes to how G/T programs are funded took effect immediately upon the passage of HB 3. Learn more about the new G/T requirements and funding expectations in this “HB 3 in 30” video provided by the Texas Education Agency (TEA).

HB 4205 by Rep. Tom Craddick (R-Midland): Teacher effectiveness and value-added modeling in turnaround schools

HB 4205 was originally introduced as a bill to allow a campus in Midland ISD to be repurposed by a nonprofit entity while maintaining the same student population. As the bill made its way through the legislative process, it was expanded beyond Midland ISD and amended to include language from Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock) regarding accelerated campus excellence (ACE) plans. ACE is a campus turnaround option that prescribes personnel, compensation, and programming decisions meant to improve student performance. A last-stage amendment also added a requirement that personnel decisions under a school’s ACE turnaround plan must be made using a value-added model (VAM) for determining instructional effectiveness. After this change was made, which ATPE opposed, the House unfortunately voted to concur in the Senate amendments and the bill was signed by the Governor.

Under the final version of HB 4205 as passed, at least 60 percent of teachers assigned to the campus must have demonstrated instructional effectiveness during the previous school year. For teachers who taught in the same district in the prior year, this effectiveness standard is to be determined by classroom observation and assessing the teacher’s impact on student growth using VAM based on at least one student assessment instrument selected by the district. For teachers who did not teach in the district the previous year, instructional effectiveness will be determined by data and other evidence indicating that if the teacher had taught in the district, they would have been ranked among the top half of teachers there. Teacher pay under this type of plan must include a three-year commitment to provide “significant incentives” to compensate high-performing principals and teachers.

In the 2019-20 school year, the ACE provisions in HB 4205 will only apply to one district that received an unacceptable rating for 2017-18, as chosen by the commissioner of education. In 2020-21, the ACE option under HB 4205 will open up to all districts that have been required to complete a campus turnaround plan.

There are many aspects of this new law that ATPE opposes, which we expressed to lawmakers through oral testimony and written input on SB 1412 and HB 4205 as they were moving through the legislative process earlier this year. Our opposition was based on the following formal positions that have been adopted by ATPE members:

  • ATPE opposes the use of student performance, including test scores, as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation, or as the primary rationale for an adverse employment action.
  • ATPE believes students’ state-level standardized test scores should not be a component of teacher evaluations until such time as they can be validated through a consensus of independent research and peer review for that purpose.
  • ATPE opposes the use of value-added modeling or measurement (VAM) at the individual teacher level for teacher evaluation purposes or decisions about continued employment of teachers. (Learn more about our VAM concerns here.)
  • ATPE supports incorporating measures of student growth at the campus level or higher into evaluations of educators as long as the measures are developed with educator input, piloted, and deemed statistically reliable.
  • ATPE opposes incentive or performance pay programs unless they are designed in an equitable and fair manner as determined by educators on a campus basis.

Your ATPE Governmental Relations team will be monitoring these pieces of legislation as they are implemented.


Next Monday, we will continue ATPE’s “New School Year, New Laws” series here on Teach the Vote with a post on assessment-related bills passed during the 2019 legislative session.

Teach the Vote’s Week in Review: Aug. 30, 2019

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


On Wednesday, Gov. Greg Abbott issued a new report lauding efforts aimed at “Improving School Safety in Texas.” The school safety update details recent legislative and administrative actions taken, including the approval of 17 new laws and $339 million in state funding. Additionally, the report highlights a 37% increase in the number of teachers and school resource officers (SROs) being trained in mental health first aid; improvements to communications between various state agencies that deal with school safety issues; and new authority for charter schools to hire security personnel. Read more about the new report in this blog post from ATPE Senior Lobbyist Monty Exter.

Also this week, ATPE’s lobbyists posted the second installment of our “New School Year, New Laws” blog series here on Teach the Vote with a look at school safety legislation. Check out Monday’s blog post by ATPE Lobbyist Andrea Chevalier to learn more about bills that were passed during the 2019 legislative session to address safety issues such as student mental health, school marshals, and school preparedness for emergencies and traumas. Next week we’ll be posting an update on new laws pertaining to curriculum and instruction.


A product of the 85th Texas Legislature, Senate Bill 1882 that was passed in 2017 allows public schools that are at risk of being shut down to partner with charter schools for turnaround initiatives. In the recently released “A-F” accountability grades for school districts and campuses, seven of the 12 public school campuses that have partnered with charters or nonprofits received an “F” rating.

While it may be too soon to draw conclusions about the effectiveness of the partnerships, and there are serious questions about the utility of the A-F system, the accountability ratings offer an early glimpse at how the partnership program is working. Our friend Aliyya Swaby at the Texas Tribune wrote about the findings in this article republished on our Teach the Vote blog this week.


We’ve reached that point in the year when campaign announcements are coming out practically every day. Find out which legislators have announced their re-election bids in our latest election update from ATPE Lobbyist Mark Wiggins. This week Mark offers insights on the districts where contested races are shaping up and highlights new resources available from the Texas Educators Vote coalition. Read the newest election news roundup here.


The Texas Education Agency (TEA) continues its “HB 3 in 30” video series with two new video presentations uploaded this week. The latest entries in the series highlight funding changes under this year’s major school finance and reform bill for charter schools and Gifted and Talented programs. View the HB 3 video resources here.


 

New School Year, New Laws: School Safety

In the aftermath of the shooting at Santa Fe High School in May 2018, Gov. Greg Abbott hosted a series of roundtable discussions to gather input from students, teachers, lawmakers, law enforcement and other stakeholders, including ATPE state officers, on how to prevent such a tragedy from reoccurring. Additionally, Lt. Gov. Dan Patrick created the Senate Select Committee on Violence in Schools and School Security, which held a series of hearings to generate legislative recommendations. Both the roundtables and the hearings considered issues ranging from hardening school facilities to mental health to gun control. Similar discussions are taking place now in a new set of roundtable discussions convened by Gov. Abbott following another shooting in El Paso this month.

At the start of the 86th Legislative Session, Gov. Abbott gave school safety and mental health legislation special expedited status by declaring these issues as emergency items. Lawmakers then deliberated on these issues and passed several bills aimed at helping to prevent future tragedies involving violence in schools. In this week’s installment of “New School Year, New Laws,” we will fill you in on some changes you can expect in your school when it comes to safety.

The following bills go into effect in the 2019-20 school year:

Senate Bill (SB) 11 by Sen. Larry Taylor (R-Friendswood): Omnibus School Safety Bill

SB 11, which was effective with Gov. Abbott’s signature on June 6, 2019, made a big policy statement about how Texas “thinks” about school safety. The bill emphasizes student mental health and incorporates many strategies to address the psychological factors of school violence in addition to other practices, such as school hardening and emergency preparedness. Here are some ways the bill could impact you:

School safety allotment: Districts are set to receive $100 million over the next two years from a new “school safety allotment.” These funds are estimated at $9.72 per student in average daily attendance and can be used to secure facilities, purchase security technology, hire security and mental health personnel, and provide training (including programs to address adverse childhood experiences).

Training and professional development: Since 2005, districts have been required to create multi-hazard emergency operations plans to address preparedness (including employee training) and responses to a variety of emergency situations, such as weather events. SB 11 adds a requirement that these plans cover a variety of new preparedness provisions, including ensuring employee training for suicide prevention, psychological first aid, and grief-informed and trauma-informed care. District employees, including substitute teachers, must also be trained in responding to an emergency.

Campus changes: Employees must have classroom access to a telephone or other communication device that allows for immediate contact with emergency services. Additionally, each campus will be required to establish a threat assessment and safe and supportive school team. Team members must include those with expertise in classroom instruction, special education, counseling, and school administration, among others.

Read our session recap coverage of SB 11 in this blog post by ATPE Lobbyist Mark Wiggins for more information.

House Bill (HB) 19 by Rep. Four Price (R-Amarillo): Mental Health Resources

HB 19 utilizes local mental health authorities (LMHAs) to provide mental health resources to public schools. LMHAs are community mental health centers that contract with Texas Health and Human Services to provide services to specific geographic areas. (Find your LMHA here). Under HB 19, LMHAs will employ a non-physician mental health professional to collaborate with the Education Service Center (ESC) in their region and serve as a mental health and substance use resource for that ESC’s school districts. HB 19 is effective on Sept. 1, 2019. This means you might start to see the mental health professional providing training for school district personnel early this school year, if your district has decided to participate in the program. The mental health professional is required to provide monthly training on mental health first aid, the effects of grief and trauma, and substance abuse prevention and intervention. The legislature appropriated $4.6 million dollars to provide grants in order to implement this bill.

HB 1387 by Rep. Cole Hefner (R-Mount Pleasant): Removing the Cap on School Marshals

In 2013, the 83rd Texas Legislature created the school marshal program. School marshals are employees, such as teachers and principals, who are appointed by the governing body of public school districts, charter schools, two-year public junior colleges, and private schools. The individual must have a valid license to carry firearms, pass a psychological exam, and complete an 80-hour school marshal course. Due to the secretive nature of the program (marshals are anonymous), it is unclear exactly how many school marshals there are in Texas or how many districts are participating. Since the enactment of the law, the number of school marshals in a district has been limited to the greater of either one marshal per 200 students in average daily attendance per campus or one marshal per building of the campus where students are regularly being taught. Under HB 1387, this limit on the number of marshals is removed. This law goes into effect Sept. 1, 2019.

HB 2195 by Rep. Morgan Meyer (R-Highland Park): Active Shooter Policy and Training

HB 2195 adds that district multi-hazard emergency plans should also include a policy for responding to an active shooter and that school district peace officers or resource officers must complete an active shooter response training. This law took effect immediately after it was signed by the governor on June 14, 2019.

The following bill will begin to impact educators in the 2020-21 school year:

HB 18 by Rep. Price (R-Amarillo): Public School Mental Health Training, Curriculum, and Continuing Education

HB 18 addresses school safety with a focus on professional development and curriculum regarding student mental health and substance abuse. Here are some ways the bill might impact you in the near future.

Training and professional development: HB 18 will affect professional development by adding required training on students receiving special education or Section 504 services, students who are engaged in substance abuse or those with mental health conditions, and students with intellectual or developmental disabilities. Under HB 18, these mandatory topics and others already in state law must comprise at least 25 percent of the five-year training cycle. Current law limits them to not more than 25 percent. Educators will also get double the credit hours for completing an evidence-based continuing education program in mental health first aid or grief-informed and trauma-informed care. In 2020-21, district-provided staff development can include positive behavior intervention and supports and must include training on suicide prevention, responding to grief and trauma, recognizing the signs of mental health conditions, bullying, and strategies for positive relationships among students.

Curriculum: Effective Dec. 1, 2019, the health curriculum that may be offered in your school will integrate mental and physical health instruction, to include skills such as managing emotions and maintaining positive relationships. If you are a health teacher, get ready to see the State Board of Education propose new curriculum standards (TEKS) that include science, risk factors, and causes of substance abuse.

Though HB 18 will be effective on Dec. 1, 2019, any new requirements on school districts will not take effect until the 2020-21 school year.


Next Monday, re-visit the Teach the Vote blog for ATPE’s next post in this series: Curriculum and Instruction.

Teach the Vote’s Week in Review: Aug. 23, 2019

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


Welcome back! A new school year has begun for students and teachers across the state, and all the hard work of buying school supplies and prepping classrooms can finally be put to use. While much attention has been paid to House Bill 3, the school finance reform bill that passed earlier this year, many other bills came out of the 2019 legislative session that educators should get to know.

This week, the ATPE lobby team launched a series called “New School Year, New Laws” here on our Teach the Vote advocacy blog. As a complement to the many other outstanding resources ATPE shares with our members to help them understand their rights and responsibilities as educators, we’re using this new blog series to point out some of the bills going into effect this school year that could have an impact on educators and students. Read our first post in the series here to learn about some new legislation taking effect regarding student discipline. Then check back with TeachtheVote.org every Monday for new posts about education-related bills that passed earlier this year.


ELECTION UPDATE: Earlier this week, Gov. Greg Abbott announced a special election to replace Rep. Jessica Farrar (D-Houston) who will be resigning at the end of September. While special election dates also have been set to fill other seats being vacated, with some taking place on the same day as this November’s constitutional amendment election, several legislators are announcing their intent to run for re-election. Read the latest election-related updates in this blog post by ATPE Lobbyist Mark Wiggins, and watch for more updates in the weeks to come as campaign season ramps up. Back to school can be a busy time for educators. With the registration deadline of Monday, October 7, just six short weeks away, don’t forget to make sure your voter registration is active in time to vote in this November’s election!


The 2019 Texas legislative session was dubbed the “Session of the Teacher” – and it showed. Legislators in both the House and Senate worked together to pass bills that will send billions of dollars to public schools (like House Bill 3) and help shore up the Teacher Retirement System (TRS) (via Senate Bill 12). To keep up the momentum of this year’s session and promote future legislation that benefits public schools, ATPE encourages educators and other public education supporters to share their thanks and feedback with their elected officials. ATPE members can log into Advocacy Central to send a quick and easy thank you message to their legislators and urge their continued dedication to public education. There is still a lot of work to do to ensure the best for our students and educators!


In its latest installment of “HB 3 in 30,” the Texas Education Agency (TEA) has released two new videos, one addressing the topic of the Small/Midsized District allotment and another concerning college, career, and military readiness (otherwise known as CCMR) in high schools. Links to all videos in the series can be found here.