Tag Archives: New School Year New Laws

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.

New School Year, New Laws: Student Discipline

As you re-enter the school building this year, it will be important to know how the more than 80 bills passed during the recent Texas legislative session will impact you and your students. Besides the obvious – the high-profile House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) offering many schools and educators additional funding and a potential salary bump – there were a number of other bills passed in 2019 that will affect areas such as student discipline, charter schools, safety, and testing.

ATPE’s lobbyists will be here on Teach the Vote blogging about major bills in these areas every Monday over the next few weeks as part of our “New School Year, New Laws” series. This week, we will discuss changes you will see in your school due to new discipline-related legislation.

Senate Bill (SB) 2432: Student behavior towards teachers

SB 2432 by Sen. Larry Taylor (R-Friendswood) allows for students who harass teachers to be removed to a Disciplinary Alternative Education Program (DAEP). Harassment is defined in Section 42.07 of the Texas Penal Code in several ways, each with an overall intent to harass, annoy, alarm, abuse, torment, or embarrass another. This bill takes effect on Sept. 1, 2019.

SB 712/HB 3630: Prohibiting aversive techniques on students

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

HB 692: Suspension of students who are homeless

HB 692 by Rep. James White (R-Hillister) prohibits a school district or charter school from placing a student who is homeless in out-of-school suspension, with certain exceptions for serious offenses. The bill allows the campus behavior coordinator to work with the district’s homeless liaison to help identify alternatives to out-of-school suspension for students who are homeless. This bill was also effective immediately upon passage.

HB 811: Discipline of students who are homeless

HB 811, also by Rep. White (R-Hillister), requires a school district board of trustees to include in their code of conduct certain provisions relative to students who may be homeless. Specifically, when determining student suspension, expulsion, or removal to a DAEP or Juvenile Justice Alternative Education Program (JJAEP), consideration shall be given to whether a student is in the conservatorship of the Department of Family and Protective Services (DFPS) or is homeless. This bill was effective immediately upon passage.

It is important for educators to know how this legislation will impact their rights as educators, their classroom practice, and their students’ rights. Please see the recently released To The Administrator Addressed correspondence from the Texas Education Agency (TEA) for more legislative changes affecting student discipline.


Be sure to watch for a new Teach the Vote blog post next week on more changes coming to your school as a result of the 2019 Texas legislative session.