Tag Archives: privatization

Congress releases final tax bill

The U.S. House and Senate have finalized a conference tax bill that is expected to be voted on by each body over the course of next week. After the individual chambers passed their own bills pertaining to reforming provisions of the current tax code, a conference committee was appointed to work out the differences in the bills. The final bill must now receive the support of both chambers and the signature of the president before it becomes law.

ATPE wrote members of the Texas delegation last week to urge members of the conference committee and leaders in both chambers to stand with teachers on two issues: maintaining a credit for educators who spend personal money on classroom supplies and omitting a potential new tax on investments of public employee pensions like the Teacher Retirement System (TRS) of Texas. ATPE is pleased to report that the final bill reflects our requests on both issues.

The educator expense deduction was maintained at up to $250 a year, giving educators who use money from their own paychecks a nominal but meaningful credit for at least a portion of what is spent to give all students and classrooms access to needed supplies. The House bill originally scrapped the deduction altogether, while the Senate bill doubled the max deduction to as much as $500.

The Unrelated Business Income Tax (UBIT), as it related to public pensions, was ultimately scrapped under the final bill. The House bill would have applied the tax to public pension investments, including the TRS trust fund, which could have weakened its financial soundness by subjecting it to new additional tax liability. The Senate’s bill did not apply the new tax to public pension investments.

Another issue that garnered significant attention was a provision termed to be one aimed at “school choice” and was included in varying forms under both bills. The Senate’s provision on the topic was added in the final hours of debate by Senator Ted Cruz (R-TX). The final bill includes a negotiated version of the provision, which expands spending eligibility for 529 college savings accounts. If the bill becomes law, parents will be able to use the money they’ve saved in a 529 account to pay for up to $10,000 a year in K-12 education expenses, including at private schools.

ATPE appreciates the conference committee’s final decision on both the educator expense deduction and the UBIT. We also appreciate the help of legislators and leaders who advocated on behalf educators. High-profile provisions of the final plan include a reduction of the corporate tax rate from 35 to 21 percent, a smaller top tax rate for individuals (at 37 percent instead of just under 40), omission of the Obamacare-era tax fine for those who don’t buy health insurance, and a cap on the deduction of state and local taxes (SALT) at $10,000.

Teach the Vote’s Week in Review: Dec. 8, 2017

It’s a snowy edition of today’s education news wrap-up from ATPE Governmental Relations:


The State Board for Educator Certification (SBEC) is meeting today in Austin. ATPE Lobbyist Kate Kuhlmann is attending and testifying at today’s meeting, which had a delayed start on account of the overnight snowfall and concerns about road conditions in central Texas. The board today gave final approval of educator disciplinary rule changes implementing Senate Bill 7 as passed by the Texas Legislature earlier this year to address teacher misconduct. Also approved were standards tied to a new early childhood teaching certificate and a preliminary rule revision to clarify the continuing professional education requirements for teachers renewing their certificates. SBEC declined to act today on one board member’s request to consider loosening requirements for individuals to become certified as superintendents. ATPE and other educator groups testified in opposition to diluting the superintendent certification standards. Stay tuned to Teach the Vote on Monday for a more detailed summary of today’s SBEC meeting from Kuhlmann.


Voters participating in the Texas Republican Party primary in March 2018 will be asked to share their views about private school vouchers. ATPE Lobbyist Mark Wiggins has a look at 11 non-binding propositions approved by state GOP party leaders for placement on the March ballot. They include questions about property taxes and revenue caps, along with a proposed statement of support for funding vouchers for private or home schooling “without government constraints or intrusion.” Read more in the blog post here.


In case you missed it, ATPE has provided input to Texas’s congressional delegation on tax reform proposals still pending in Washington, DC this week. Read more about the proposals put forth by the U.S. House and Senate respectively and how they could impact educators in this blog post from ATPE Lobbyist Kate Kuhlmann.


Monday, Dec. 11, is the deadline for candidates to file for inclusion on the ballot in one of the state’s primary elections on March 6. ATPE will be updating our TeachtheVote.org website to include any newly filed candidates once the filing period closes. All candidates running for Governor, Lieutenant Governor, State House, State Senate, or State Board of Education (SBOE) are invited to participate in ATPE’s candidate survey and have their responses and additional information featured in individual candidate profiles on the website. Candidates must provide ATPE with a campaign email address in order to participate in the survey. Several candidates have already taken our survey and shared their views on public education issues with voters. We look forward to receiving additional responses as the election nears and hope you’ll check out and share our election resources on TeachtheVote.org.

 


 

Republican primary voters will face voucher question

Republican Party of Texas officials have placed a voucher question on the ballot that will go before GOP primary voters in 2018. The measure is among eleven ballot proposals announced this week by the 62-member State Republican Executive Committee (SREC) that will appear on the 2018 Republican primary ballot.

The question asks if “Texas families should be empowered to choose from public, private, charter, or homeschool options for their children’s education, using tax credits or exemptions without government constraints or intrusion.”

Despite several days of testimony during the 2017 legislative session by parents, teachers, and experts explaining the negative impacts of diverting taxpayer dollars from the public school system to subsidize unaccountable private institutions, SREC members chose to characterize vouchers as something that would empower families. This is language lifted from special interest groups aimed at defunding and privatizing constitutional public schools in Texas in order to make a profit.

In reality, vouchers would result in lower-income, rural families subsidizing the tuition paid by well-off parents to private, big-city academies. Vouchers would also force disabled students to surrender their federal rights under the Individuals with Disabilities Education Act (IDEA). By reducing the already scarce resources the state is constitutionally required to provide to Texas’ 5.4 million school children, vouchers would hurt children and increase the upward pressure on local property taxes.

Furthermore, the ballot question admits that taxpayer dollars would be transferred to private businesses without any state accountability. While constitutional public schools face rigorous academic and financial accountability requirements, private schools do not. Public schools are required to hire well-trained and certified educators who pass multiple layers of background checks. Because taxpayer money is involved, public schools are required to be open and accountable to voters. They are required to accept all children, regardless of background, and provide them with resources guaranteed under state and federal law. None of these requirements apply to private schools.

“The SREC deliberated and delivered eleven propositions to place on our Primary ballot,” Republican Party of Texas Chairman James Dickey said in a statement on the RPT website. “We look forward to hearing from our voters on these issues and to sharing the results with lawmakers. Whatever the results, we will continue working towards making our principles a reality.”

Propositions that appear on party primary ballots in March are different from propositions that appear on the general election ballot in November in a number of ways. Unlike the propositions on the November ballot, the propositions on March primary ballots are nonbinding, which means they do not create laws. Instead, they act as a sort of opinion poll.

Another difference is that the language on party primary ballots is drafted by committees within each political party. These questions are not required to adhere to the same neutral language standards as questions that appear on the general election ballot. This sometimes results in voters being asked misleading questions, such as the voucher question stated above. Another example of this is when 2016 Republican primary voters were faced with a question regarding payroll deduction that mischaracterized the process and which was later used by politicians promoting legislation aimed at hurting teachers and educator associations.

ATPE members and their fellow educators, many of whom are loyal Republican voters, spoke loudly against attacks on educators during the 2017 legislative session. The State Republican Executive Committee did not place a payroll deduction question on the 2018 GOP primary ballot.

As a voter, you can help steer the Republican Party of Texas and members of the State Republican Executive Committee in the right direction by weighing in when you cast your primary vote.

Here is the full list of questions that will appear on the 2018 GOP primary ballot:

  1. Texas should replace the property tax system with an appropriate consumption tax equivalent. Yes/No
  2. No governmental entity should ever construct or fund construction of toll roads without voter approval. Yes/No
  3. Republicans in the Texas House should select their Speaker nominee by secret ballot in a binding caucus without Democrat influence. Yes/No
  4. Texas should require employers to screen new hires through the free E-Verify system to protect jobs for legal workers. Yes/No
  5. Texas families should be empowered to choose from public, private, charter, or homeschool options for their children’s education, using tax credits or exemptions without government constraints or intrusion. Yes/No
  6. Texas should protect the privacy and safety of women and children in spaces such as bathrooms, locker rooms, and showers in all Texas schools and government buildings. Yes/No
  7. I believe abortion should be abolished in Texas. Yes/No
  8. Vote fraud should be a felony in Texas to help ensure fair elections. Yes/No
  9. Texas demands that Congress completely repeal Obamacare. Yes/No
  10. To slow the growth of property taxes, yearly revenue increases should be capped at 4%, with increases in excess of 4% requiring voter approval. Yes/No
  11. Tax dollars should not be used to fund the building of stadiums for professional or semi-professional sports teams. Yes/No

Teach the Vote’s Week in Review: Oct. 27, 2017

Here’s this week’s round-up of education news from the ATPE lobby team:


ATPE state officers met with Speaker Joe Straus in March 2017.

ATPE state officers with Speaker Joe Straus in March 2017

Texas political circles were shaken up this week by a pair of election announcements from top leaders in the Texas House of Representatives.

First came a surprise announcement on Wednesday that House Speaker Joe Straus (R-San Antonio) will not seek reelection in 2018. The news of the departure of the popular house speaker was a disappointment to many in the public education community who appreciated his rational approach to leading the Texas House and willingness to prioritize school needs over divisive ideological battles.

ATPE state officers met with Rep. Byron Cook in Feb. 2017.

ATPE state officers with Rep. Byron Cook in Feb. 2017

Straus’s announcement was followed by a similar one from Rep. Byron Cook (R-Corsicana) on the same day. Cook, who has chaired the powerful House State Affairs Committee and the newly created House Select Committee on Economic Competitiveness, similarly announced that he will step down at the end of his current term.

For more on Wednesday’s big announcements, check out this blog post from ATPE Lobbyist Mark Wiggins.

 


ATPE Lobbyist Kate Kuhlmann was in Dallas yesterday for a stakeholder meeting regarding data collection for educator preparation in Texas. The Texas Education Agency (TEA) partnered with Educate Texas and other entities to solicit input and recommendations on data the agency collects to assess and improve educator preparation programs (EPPS) across Texas. A bill passed earlier this year during the 85th regular legislative session, Senate Bill (SB) 1839, added new requirements to data collection for EPPs. The work to solicit input will help guide the agency and the State Board for Educator Certification (SBEC) as they work to implement the new law.

As Kuhlmann reports, teachers, school districts, EPP representatives, and other engaged stakeholders convened in Dallas this week to consider and identify data that would would offer transparency for candidates considering future programs, provide diagnostic value to programs, and improve upon current data used to hold programs accountable. All agreed that a focus should be placed on presenting the data in a more easily accessible manner, such as a user-friendly online dashboard. Participants also agreed that the presentation of such data should include differentiated interfacing specific to consumers (future EPP candidates and the general public), school districts, and EPPs.

Yesterday’s meeting was the second of four scheduled stakeholder meetings. Two more will be held next week in Lubbock and Austin. The TEA, under the direction of the State Board for Educator Certification (SBEC), will also convene a formal stakeholder committee to make recommendations on the matter and is reaching out to various standing committees for input. The agency expects to begin discussion on next steps for implementing recommendations at SBEC’s March 2018 meeting, once the initial stakeholder input has been collected. Stay tuned to Teach the Vote for updates.

 


TRS logoToday, the Teacher Retirement System (TRS) Board of Trustees is meeting in Austin, where ATPE Lobbyist Monty Exter is attending and has contributed the following report on the meeting:

The TRS Board of Directors convened today for a short meeting. After taking brief public testimony, they received an update from TRS Executive Director Brian Guthrie, which focused primarily on administrative housekeeping with regard to the agendas of future meetings. Guthrie did drop one bomb during his update, informing the board that there has been some discussion in Washington of reclassifying the contributions to retirement systems like TRS such that they would no longer be tax-deferred. Such a move would be a monumental policy shift dramatically impacting both educators and the pension fund itself.

After Guthrie’s comments, the board received its first update on the TRS Enterprise Application Modernization or (TEAM) program since the go live date on which we’ve previously reported. The transition has not been without the “hiccups” that accompany any such major technology transition, but the new system is stable and operational and the transition has been mostly smooth.

Next, the board worked its way through a series of administrative items before taking up proposed rules on 403(b) vendor rates. There has been significant back and forth between the board and a large segment of the 403(b) vendor community with regard to these rule changes. Many vendors acknowledge that the rules have been significantly improved, from their perspective, throughout the process. That said, most vendors still do not favor the new rules. Despite the board’s adoption of the rules, many expect this issue to remain a topic of discussion for the 86th legislature in 2019.

Finally, the board received its first overview presentation on the TRS experience study the board will undertake early next year. The experience study will help the board set many of the assumptions that are used to determine the actuarial health of the pension fund. The actuarial picture of a fund can help lawmakers makers determine contribution rates and is often used by anti-pension advocates to push for abandonment of defined-benefit pension plans based on their unfunded liabilities. Additionally, in the case of TRS, the actuarial soundness as defined by a funding horizon of less than 31 years is what allows TRS to give a COLA to retirees.

The last TRS board meeting of 2017 will be in December, and the first board meeting of 2018 will be a board retreat scheduled to commence on Valentine’s Day, February 14th.

 


Interim charges have now been released for both House and Senate committees to study in preparation for the 2019 legislative session. The charges issued by House Speaker Joe Straus and Lt. Gov. Dan Patrick direct standing committees in the House and Senate, respectively, to convene hearings and gather feedback from stakeholders on hot topics expected to be debated by the 86th legislature.

Rebuilding efforts following Hurricane Harvey are among the numerous charges for multiple committees, but there are also several directives that focus specifically on public education. The Senate Education Committee, for instance, will study such issues as teacher compensation, virtual learning, student discipline, dual credit, and school choice. The House Public Education  Committee is tasked with studying teacher retention, educating students with disabilities, charter school laws, and ways to assess student performance other than using standardized test scores. Other committees will examine public pension systems and the TRS healthcare programs for educators.

Read more about the House interim charges here and Senate interim charges here. ATPE’s lobbyists will be covering all of the education-related interim hearings and providing updates here on our Teach the Vote blog and on Twitter.

 


DNA_4w2U8AARK-pOne week of early voting remains for the Nov. 7 constitutional amendment election. As part of our work with the Texas Educators Vote coalition to create a culture of voting in the education community, ATPE urges our members and all other registered voters to participate in this and all elections. Early voting runs through Friday, Nov. 3. The Texas Secretary of State also declared today, Oct. 27, as #StudentVotingDay, encouraging eligible high school students who registered to vote to get out and cast their ballots today. Learn more about what’s on the Nov. 7 ballot and how to be an engaged voter in this ATPE Blog post.

 


 

Speaker’s exit puts public education on edge

Texas Speaker Joe Straus (R-San Antonio) announced yesterday that he will not be running for re-election to the Texas House of Representatives, and therefore will not return to lead the Texas House of Representatives when the 86th Texas Legislature convenes in January 2019. In addition, state Rep. Byron Cook (R-Corsicana), who chairs the House State Affairs Committee, announced the same day that he will not run for re-election in 2018.

The significance of yesterday’s announcements can’t be overstated. Speaker Straus and Chairman Cook each have played a tremendous role in protecting public school students and teachers, and their leadership during the 2017 legislative session prevented the worst anti-public education and anti-teacher legislation from becoming law.

ATPE presented House Speaker Joe Straus with an honorary resolution passed in July 2017, recognizing his support for public education.

ATPE presented House Speaker Joe Straus with an honorary resolution passed in July 2017, recognizing his support for public education.

Under Speaker Straus, the Texas House made public education its top priority. As part of House Bill (HB) 21 during the regular session, the House proposed $1.9 billion in increased funding for all Texas students. This legislation was opposed by the Texas Senate under Lt. Gov. Dan Patrick, who has repeatedly made private school vouchers a top legislative priority. The Texas House blocked Senate voucher legislation during both the regular and special sessions, as well as legislation that would have taken away the rights of teachers who choose to advocate for their children as members of professional associations like ATPE.

It is unclear who will step into the void created by the absence of Speaker Straus and Chairman Cook. What we do know is that anti-education forces are already celebrating victory, and those hoping to privatize public education and revoke the rights of students and educators will only be emboldened by this week’s announcements.

It is therefore all the more important that we use our teacher voices in both the March primary and November general elections in 2018 to put public education supporters in office.

Rep. Byron Cook joined Corsicana ATPE members at a pro-public education rally in July 2017.

Rep. Byron Cook joined Corsicana ATPE members at a pro-public education rally in July 2017.

It is likely that there will be more news in the coming days related to leadership in the Texas Legislature, and we will continue to provide you with updates here at TeachTheVote.org. You can also check back soon at TeachTheVote.org to find out how your individual representatives voted during the 2017 legislative sessions.

The next Texas House speaker will have some mighty boots to fill. In the meantime, please join us on Twitter and Facebook as we say #thankyoujoestraus for all he’s done for public education.

Teach the Vote’s Week in Review: Aug. 18, 2017

Here’s your post-special session edition of ATPE’s Teach the Vote weekly wrap-up:

 


ThinkstockPhotos-455285291_gavelTuesday night marked the end of the 85th Legislature’s special session, and ATPE is pleased that a number of anti-public education proposals were defeated. The legislature declined to grant Gov. Greg Abbott’s request for a private school voucher program for students with special needs, opting instead to fund state grant programs that will aid public school students with autism, dyslexia, and other challenges. Also blocked were discriminatory bills to take away educators’ access to payroll deduction for their association dues. ATPE is thankful for the educators who called and wrote to their lawmakers or visited the capitol to take a stand for educators having the same rights as other public employees and being able to continue to manage their own money as they choose.

The special session also resulted in some gains for public education through the passage of House Bill (HB) 21 by Rep. Dan Huberty (R-Kingwood). Although the Senate would not agree to the $1.8 billion in additional public school funding that the House approved or to tapping into the state’s rainy day fund, the final bill does add $563 million over and above the budget passed by lawmakers during the regular session. That extra money will help some districts facing the loss of Additional State Aid for Tax Reduction (ASATR) funds this year, provide assistance for charter school facilities, and significantly, inject $212 million into the TRS-Care health insurance program for retired educators. The Senate rejected any long-term structural changes to our school finance system, which were favored by the House, but they included language in HB 21 to create a school finance commission that will study the issue over the next two years.

The Senate approved its version of HB 21 by a vote of 25 to 6 late Monday night. The House voted 94 to 46 to accept the Senate’s version of HB 21 Tuesday evening, with a number of representatives expressing disappointment that the bill did not do more, and many who stated they were reluctantly voting for it in the interest of preserving some modest gains for the schools in their districts. Shortly thereafter, the House surprised many by adjourning sine die upon a motion by Chairman Huberty, one day before the expiration of the 30-day special session. The Senate similarly adjourned sine die a few hours later after declining to accept a House version of a property tax bill. In a press conference late that night, Lt. Gov. Dan Patrick was quick to blame the House and its leadership, including Speaker Joe Straus, for preventing more of the governor’s special session agenda from being passed. For his part, Gov. Abbott similarly complained that the House had obstructed bills, despite the fact that legislators gave final approval to bills covering half the items on the governor’s special session call.

With the governor’s signature on the bill, the next step for HB 21 will be for the Commissioner of Education and TRS board to propose and adopt rules implementing various aspects of the law. (Read more about the TRS-Care changes being considered next week in the next section of today’s wrap-up.) We’ll keep you posted on all the rulemaking developments and let you know how you can provide input to state policymakers during that process here on Teach the Vote.

ATPE Executive Director Gary Godsey said in a press statement, “We appreciate those in the legislature who fought for additional funding and structural improvements to our school finance system. ATPE looks forward to working with lawmakers during the interim to recommend longer-term solutions that will help all Texas students excel and enable us to recruit, reward, and retain the best educators in our public schools.”

 


Drugs and MoneyThe Teacher Retirement System (TRS) Board of Trustees will be meeting next Friday, Aug. 25, to consider changes to the TRS-Care healthcare program for retired educators. As noted above, the passage of HB 21 during the special session means that TRS will have an extra $212 million this biennium to offset rising costs of TRS-Care. ATPE Lobbyist Monty Exter has been attending meetings with TRS staff to learn how the additional money will be used to help retired teachers. Check out his blog post for more on the specific changes the TRS board is expected to adopt next week.

 


tea-logo-header-2On Tuesday, the Texas Education Agency announced the 2017 accountability ratings for school districts and campuses. The overwhelming majority of schools (95 percent) earned a “Met Standard” rating this year, and there were fewer campuses receiving an “Improvement Required” rating in 2017. Final 2017 ratings will be shared in December following an appeal period for schools seeking to change their ratings.

View the complete accountability ratings on the TEA website here. ATPE congratulates the students and staff of all our high-achieving public schools!

 


During the special session, ATPE's Governmental Relations staff presented House Speaker Joe Straus with an honorary resolution passed by the ATPE House of Delegates in July.

During the special session, ATPE’s Governmental Relations staff presented Texas House Speaker Joe Straus with an honorary resolution passed by the ATPE House of Delegates in July.

 

Teach the Vote’s Week in Review: July 28, 2017

The Texas Legislature is wrapping up its second week of a special session. Here are stories you might have missed:


During this second week of the special session, bills pertaining to teacher compensation and funding for teachers’ healthcare were on the move in both the Texas House and Senate. ATPE Lobbyist Monty Exter provided the following update on their current status:

Senate Bill 19 was filed as the vehicle for the lieutenant governor’s plan to address the need for better teacher pay and funds for TRS-Care. The bill, carried by Senate Finance Committee Chairwoman Jane Nelson was heard in and passed out of her committee on Saturday. During the hearing ATPE, other teacher organizations, and individual teachers such as ATPE State Treasurer Tonja Gray all expressed strong concerns about a provision of the bill that mandated school districts to spend roughly a billion dollars statewide on teacher pay raises without providing any state funding to cover the mandate.

In addition to the unfunded mandate, SB 19 includes a one-time bonus in 2018 for teachers who have been in the classroom more than six years ($600 for teachers with 6-10 years’ service, $1000 for teachers with 11 or more years of service). The bill also includes additional funding to reduce health insurance costs for retired teachers on TRS-Care. The longevity bonus and TRS-Care portions of SB 19 are paid for during the upcoming biennium through a deferral of payments to managed care organizations (MCOs). MCOs coordinate health services for those enrolled in Medicaid and CHIP programs for low-income and disabled individuals. If finally passed, SB 19 will increase the state’s projected Medicaid shortfall, which the next legislature will have to cover, from $1.2 to 1.6 billion.

The full Senate took up SB 19 on Tuesday, July 25. Senators removed the unfunded pay raise leaving only the one-time funding for longevity bonuses and TRS-Care supplemental spending. Republican Senators rejected floor amendments by Democratic Senators Kirk Watson of Austin and Jose Menendez of San Antonio to ensure more suitable or ongoing funding beyond 2018, leaving that for a future legislature to decide whether the additional funding for teacher bonuses and TRS-Care will be continued. SB 19 was received by the House yesterday and will likely be referred to a House committee early next week.

ATPE Lobbyist Monty Exter testified before the House Appropriations Committee this week.

ATPE Lobbyist Monty Exter testified before the House Appropriations Committee this week.

Also happening Tuesday, July 25, the House Appropriations Committee met to hear House Bills 24, 20, 76, and 151, among others. HB 24 by Representative Drew Darby calls for giving teachers an across-the-board $1,000 pay raise. Unlike the pay increase that was ultimately removed from SB 19, Darby’s HB 24 includes three distinctive features. One, the raise would be paid for during the current biennium. HB 24 does this by calling for an appropriation from the state’s rainy day fund, or as Rep. Darby called it, the state’s “mattress fund.” Rep. Darby stated in his explanation of the bill that he felt $11 billion was too much money to keep in a mattress, and that the state should find more responsible ways to invest those funds. Second, HB 24 includes language that ensures the money appropriated will be used to supplement, not supplant, current teacher salaries and that salaries could not simply be reduced again in future years. Third, the bill would change the state salary factor funding formulas such that it would increase the state appropriation called for in the base budget for future legislatures. This does not bind future legislators, but it does create a starting point of funding the HB 24 pay raise in future years so as to better ensure that there will be state funding for the raises.

House Bills 20, 76, and 151 have been filed respectively by Representatives Trent Ashby, Drew Darby, and Lance Gooden; all call for supplemental appropriations of varying amounts for TRS-Care. HB 151 would send additional dollars form the state’s General Revenue fund, while HB 20 and HB 76 call for spending dollars out of the rainy day fund to boost TRS-Care. HB 76 and HB 151 were left pending in the committee, while HB 20 was voted out of committee favorably and is on its way to the House Calendars Committee to be scheduled for floor debate in the near future. HB 20 calls for an additional $212 million for TRS that would be used to reduce premiums and deductibles.

For a closer look at the breakdown of how SB 19 and HB 20 would be anticipated to impact TRS-Care, check out this comparison chart.

 


The Texas Senate is taking a break this weekend after working throughout last weekend and several late nights to advance a controversial agenda pushed by Gov. Greg Abbott and Lt. Gov. Dan Patrick. As reported by ATPE Lobbyist Kate Kuhlmann in her blog post this week, the Senate passed a private school voucher bill disguised as a school funding measure in the form of Senate Bill 2, a bill dictating the policies local school boards must adopt regulating the use of bathrooms in Senate Bill 3, and the politically motivated Senate Bill 7 to prohibit educators and certain other public employees from using payroll deduction to pay their voluntary association dues, while allowing other public employee association members deemed “first responders” to continue the practice. Less controversial measures passed by the Senate included a bill that funds one-time bonuses for experienced teachers and extra money to offset increased healthcare costs for retired educators in 2018, as well as a bill appointing a state commission to study school finance between now and the next legislative session.

17_web_AdvocacyCentral_RotatorImages_StandUpPublicEdNow that several anti-public education measures have sailed through the Senate and been sent to the House, and Gov. Abbott is threatening that lawmakers who oppose his agenda will be blacklisted, now is the time for House members to hear from their own voters and especially educators. ATPE is urging its members to call and write to their state representatives urging them to oppose bills like SB 2 and SB 7 that would defund public schools and needlessly punish public school employees. Visit Advocacy Central for quick and easy tools to communicate with your lawmakers about these issues. While you’re on Advocacy Central, be sure to also check out which lawmakers are supporting bills like these and let them know you disapprove. With only a couple weeks left in the special session, it’s critical for educators to speak up now!

 


Dollar banknotes heapWhile the Senate has worked to rapidly advance the governor’s controversial agenda, the House under the leadership of Speaker Joe Straus has stuck to its pledge to continue working on school finance solutions during this special session. The House Public Education Committee held hearings Monday and Tuesday on a number of finance-related bills, including several that were refiled from the regular session. ATPE Lobbyist Mark Wiggins attended and reported on the hearings for our blog here and here.

Bills advanced by the committee included Chairman Dan Huberty’s special session versions of House Bill 21, a comprehensive school finance reform bill that would inject additional money into public schools, provide increased funding through weighted formulas for bilingual students and those with dyslexia, and offer hardship grants to certain districts facing the loss of ASATR (Additional State Aid for Tax Reduction) funding this year; House Bill 22 to extend ASATR; and House Bill 23 providing grants to schools serving students with autism.

The House Public Education Committee will meet again Tuesday, Aug. 1, to hear a number of additional bills. Stay tuned to Teach the Vote for updates.

 


tea-logo-header-2Commissioner of Education Mike Morath announced this week that the Texas Education Agency (TEA) will release Texas’s plan to satisfy new federal education laws on Monday. Congress passed and former President Obama signed into law the Every Student Succeeds Act (ESSA) in December 2015. Since then, the U.S. Department of Education, under the direction of both the Obama and Trump administrations, has spent time developing, altering, and in some cases even omitting the rules that govern the law. Those rules are now finalized, and states are now tasked with submitting their individual plans to satisfy the law and remaining rules. The federal law returns some education decision making to states and, in several areas, offers states an opportunity to alter the way they plan to satisfy federal education requirements.

Stay tuned for more next week on how Texas plans to handle the new law. The release of the Texas ESSA plan on Monday will also initiate the first day of a thirty-day public comment period.

 


At the annual ATPE Summit held in Austin earlier this month, Humble ATPE member Gayle Sampley authored a resolution for ATPE to honor House Speaker Joe Straus and House Public Education Committee Chairman Dan Huberty for their support of public education. On Tuesday, Gayle visited the Texas State Capitol and joined members of the ATPE lobby team to present the honorary resolution to Chairman Huberty, who is also Gayle’s own state representative.

Humble ATPE Member Gayle Sampley presents an ATPE honorary resolution to Chairman Dan Huberty, joined by ATPE Governmental Relations Director Jennifer Canaday and ATPE Lobbyist Mark Wiggins

Humble ATPE Member Gayle Sampley presents an ATPE honorary resolution to Chairman Dan Huberty, joined by ATPE Governmental Relations Director Jennifer Canaday and ATPE Lobbyist Mark Wiggins.

 


 

Dan Patrick’s Texas Senate plows ahead

Lt. Gov. Dan Patrick outlines special session proposals.

Lt. Gov. Dan Patrick outlines special session proposals.

In a matter of days, the Texas Senate, under the direction of Lt. Gov. Dan Patrick, plowed through Governor Greg Abbott’s special session priorities on education. The blitz began late last week and continued through the wee hours of this morning, when several more contentious education items were granted final approval. The pieces of legislation now head to the Texas House, where the lower chamber began work with a significantly different focus: on a meaningful approach to fixing the state’s broken school finance system and state-funded, sustainable options for increasing teacher pay and the state’s contributions to retirees.

The Senate worked until 2am this morning, passing a voucher proposal that was paired with needed funding for certain school districts and facilities funding for charter schools; a prohibition on educators’ ability to utilize payroll deduction to pay professional association dues; a teacher pay bonus bill that includes one-time supplemental funding for TRS-Care; a “bathroom bill” that would dictate related local school policies; and not a fix, but another commission to study school finance. Here’s more:

SB 19: teacher bonus & TRS-Care

After spending a significant amount of time yesterday debating Lt. Gov. Patrick’s priority legislation regarding the use of bathrooms in public schools, among other public spaces, the chamber moved on to several other pieces of legislation affecting public schools, students and educators. It started with its teacher pay bill, SB 19, authored by Senator Jane Nelson (R-Flower Mound). The bill was originally marketed by its author and the Lt. Gov. as a teacher pay raise, but ATPE, among others, pushed back against that notion when it was heard in committee over the weekend.

ATPE Lobbyist Monty Exter testifies in Senate Education Committee on July 21, 2017

ATPE Lobbyist Monty Exter testifies in the Texas Senate.

ATPE Lobbyist Monty Exter told members of the committee that educators appreciated two portions of the bill, the state-funded bonus for teachers and the needed one-time supplemental funding for TRS-Care, but he expressed opposition to the piece termed a “teacher pay raise,” which wasn’t state-funded and required school districts to “re-prioritize” funding. ATPE State Secretary and Abilene educator Tonja Gray also testified on the bill in committee, telling members: “I don’t want a pay raise on the backs of my students.” She explained that in an environment where Texas schools are already underfunded, an unfunded mandate to provide teacher pay raises would result in cuts to valuable programs or educators.

When the bill hit the full Senate floor for debate, the empty pay raise portion was removed and the bill was passed out of the chamber with overwhelming support. Senator Nelson, as the chairwoman of the Senate Committee on Finance who writes and passes the state’s biennial budget, assured educators that she will prioritize a pay raise next session. ATPE looks forward to working with her to deliver on that promise to educators in 2019 as the 86th Texas Legislature convenes, and we will continue to fight on behalf of educators for a state-funded, sustainable, and meaningful pay raise. The House has its own versions of bills to address teacher pay and retiree benefits that are already on the move.

Related, the Senate also hosted a hearing over the weekend to consider proposals to fund a teacher pay raise in the next legislative session. ATPE submitted written testimony in opposition to the proposals, saying that “ATPE believes the legislature should pivot its focus on teacher pay to developing plans for long-term investments that do not come out of existing money already dedicated to public schools.” Both proposals received initial skepticism and one was in the process of being written as it was heard in committee. Both were left pending in committee and may stay there since the Senate removed the unfunded pay raise from its teacher pay bill.

SB 7: prohibition on payroll deduction for educators

A mere hour after praising educators endlessly as senators worked to approve the teacher pay bill on the floor of the Senate, Lt. Gov. Patrick turned the chamber’s attention to SB7, the bill by Senator Bryan Hughes (R-Mineola) that selectively targets educators in an attempt to silence their collective voice. Unlike the teacher pay bill, which received no attention during the regular session, the bill to eliminate educators’ right to utilize payroll deduction to pay voluntary professional association dues has been a priority of the Lt. Gov. and Texas Senate for years now.

G3 testimony B&CDuring both the committee hearing and as the bill was debated on the floor of the full Senate, the discriminatory, purely political, and completely unnecessary nature of the bill was highlighted once again. ATPE Executive Director Gary Godsey testified to the Senate Committee on Business and Commerce that educators feel “besieged, besmirched and really like they’re second class citizens.” Testifier after testifier pushed back against the proponents’  rhetoric about busting unions and glass claims about eliminating associated costs to government. Educators, police officers, fire fighters, and many other public servant employees showed up to prove that this bill isn’t wanted by anyone, aside from a couple of heavily funded special interest groups that have made it their top priority to silence educators, which they see as too effective at fighting harmful policies like vouchers.

During floor debate, more truths emerged. Senator Hughes shared Governor Abbott’s promise to veto any bill that includes first responders, a status of employment he and others deem superior to educators and other public servants like CPS workers and correctional officers. Amidst questioning on why the bill picks winners and losers, Senator Hughes finally admitted that some people “don’t like the advocacy of labor unions,” acknowledging that the bill is about silencing the advocacy efforts of the public employees targeted under the bill, which amounts primarily to educators. And as all involved continued to push back against the lie that payroll deduction for association dues costs the state, the bill author could only say that he wants to get the government out of the process for the targeted professions only.

Democratic members of the Senate offered amendments to exempt educators under the bill, broaden the definition of first responder to include educators, null the targeted prohibition until associated costs can be identified, delay the legislation’s enacting date to give the targeted labor organizations more time to adjust, and more, but Senator Hughes rejected them all and the bill remained unchanged. The bill passed the Senate with support from all Republicans, except for one, Senator Robert Nichols (R-Jacksonville). He joined the Democratic members of the Senate to stand with educators in opposition. During the regular session, a nearly identical bill was sent to the House where it received no attention during the regular session. The House version of that bill died in committee and the Senate bill never received a hearing once it made it over. Stay tuned to Teach the Vote for updates on the special session version of this legislatio.

SB 2: special education voucher & certain school funding

NO VOUCHERSFirst up in the Senate was SB 2, the voucher bill authored by Senator Larry Taylor (R-Friendswood). Paired with the $10,000 voucher for special education students was continued ASATR funding for certain schools that stress the funding is necessary. The bill also contains $60 million in facilities funding for fast growth school districts, $60 million for facilities funding for charter schools, and a grant program termed the “educational expense assistance program” for public school special education students to access up to $500.

The voucher portion of the bill is, this time, in the form of a “tax credit scholarship.” Certain entities could receive tax credits in return for contributions made to the voucher program. Students with special needs could then access vouchers to pay for private school tuition. ATPE Lobbyist Monty Exter expressed ATPE’s concerns with the voucher portion of the proposal, saying that we should be focused on fixing things for special education students within public schools, rather than offering them money to go elsewhere. Tax credit scholarships, like all vouchers, are guilty of funneling public tax dollars out of the public school system. Offering tax credits to corporations will lower the general revenue Texas earns through taxes, and unless funds are raised elsewhere, cuts will have to be made in order to cover the deficit.

ATPE also encouraged legislators to take up the issues of ASATR and facilities funding independent of the politically charged voucher proposal. The Senate pressed ahead with the combined voucher and funding proposal, instead, and SB 2 passed the chamber 19-12. Two Republicans voted against the proposal, Senator Robert Nichols (R-Jacksonville) and Senator Charles Perry (R-Lubbock), and one Democrat supported the bill, Senator Eddie Lucio, Jr. (R-Brownsville). The bill heads to the House where the chamber took several overwhelming votes to reject vouchers during the regular session.

SB 16: commission to study school finance

The Senate also began with work on school finance, but unlike the House that is working on a bill to fix the system, the Senate bill would create a commission to further study school finance in Texas. SB16 is authored by Senator Larry Taylor, who filed a permanent fix supported by ATPE during the regular session. However, he chose not to advance that bill during the regular session, instead altering the House’s school finance bill by adding his voucher proposal. In the special session, he maintains that more studying of school finance should be done prior to passing a fix to the system. ATPE submitted written testimony that said it is time for legislators to act on school finance. We also encouraged the legislature to include educators on any commission that passes.

When SB 16 was debated on the Senate floor Monday, legislators agreed with our request to add an educator and amended the bill to include an active or retired educator to the commission. The chamber passed the legislation unanimously and sent it to the House where more extensive work to fix school finance is underway.

SB 3: bathrooms

The Senate chamber spent the better part of yesterday debating SB 3 by Senator Lois Kolkhorst (R-Brenham). After hours of testimony in committee and hours of debate on the Senate floor only days later, the Senate advanced the proposal, 21-10, with all Republicans and one Democrat, Senator Eddie Lucio, Jr. (R-Brownsville), voting to advance the legislation. Speaker of the House Joe Straus has sided with business and school districts and made his feelings on the legislation fairly clear, saying he just doesn’t think it is needed legislation. The House offered a bathroom proposal limited to public schools that it was willing to advance during the regular session, but it did not receive the seal of approval from the Senate.

 

17_web_Spotlight_AdvocacyCentral_1It is important that members of the legislature hear from you on these issues deemed priorities by Governor Abbott. ATPE is encouraging all members to visit Advocacy Central to send a message to state legislators about these proposals as they continue to make their way through the process during the special session. Tell them to focus on meaningful pay and benefits for your profession and adequate school funding for your local schools. Let them know that vouchers and targeted prohibitions on payroll deductions for educators are distractions from the real issues faced by Texas public school children. You can also utilize the resource to thank your individual senators who voted with public education and educators!

Teach the Vote’s Week in Review: July 21, 2017

We’re entering a busy weekend at the Texas Capitol, and here’s what you need to know from the ATPE lobby team:


 


ATPE Lobbyist Monty Exter testifies in Senate Education Committee on July 21, 2017

ATPE Lobbyist Monty Exter testifies in Senate Education Committee on July 21, 2017

The Texas Senate is speeding through more than a dozen hearings this weekend on bills pertaining to the governor’s newly expanded special session call. This morning, the Senate Education Committee convened a hearing on Senate Bill 2, providing in part for private school vouchers for students with special needs. ATPE Lobbyist Monty Exter testified against the bill along with numerous other education advocates, parents, and even students.

The committee plans this afternoon to hear a second bill to create a commission to study school finance between now and the next regular session of the legislature. Also today, the Senate Committee on State Affairs has been hearing bills that would restrict school district policies on usage of bathrooms.

Additional hearings are scheduled for tomorrow and Sunday at which ATPE will be testifying. These include a hearing tomorrow on teacher pay and a Sunday afternoon hearing on bills to take away educators’ rights to use payroll deduction for their voluntary association membership dues.

Read more about the hearings and ways you can share your voice with legislators by checking out yesterday’s blog post from ATPE Governmental Relations Director Jennifer Canaday. Stay tuned to Teach the Vote for updates on these hearings and follow us on Twitter for the very latest news.

 


Rally attendeesMore than a thousand educators braved the Texas heat on Monday to attend a rally at the State Capitol hosted by Texans for Public Education and co-sponsored by ATPE. Read highlights and view pictures from the rally in this blog post from ATPE Lobbyist Mark Wiggins and also check out ATPE’s extended coverage on Facebook and YouTube.

Another Capitol rally is scheduled for tomorrow. The March for Public Education, an event taking place in states around the country, begins at 11:10 a.m. in downtown Austin.

If you’ve been unable to make it to Austin for these rallies, you can still exercise your voice and help influence the decisions being made inside the Capitol. Take it from ATPE’s Ginger Franks, a former special education teacher and past state president of our association, who urged fellow educators to call their legislators about the bills being considered right now. “Please make the calls,” said Franks. “The rallies are great but we must also make the calls. The calls are a must if you want your voice heard!!”

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ATPE members can easily call, email, or post messages to their elected officials using our tools at Advocacy Central.

 


The Texas Education Agency (TEA) announced this week the launch of a new reading initiative called Texas Readers. The initiative offers professional development for teachers and additional tools for elementary schools to use in enhancing reading instruction for young students. “Reading will always be the foundation that determines success in the classroom for every child at every grade level,” wrote Commissioner of Education Mike Morath on his blog about the new project.

 


 

ATPE’s Wrap-Up of the 85th Legislature’s Regular Session

ATPE at the Capitol squreWhile navigating challenges both new and familiar, and with the support of our members, ATPE has continued to fight for the rights of educators, teachers, and parents and to fend off threats to public education in the great state of Texas. This year, many ATPE members took swift and decisive action to protect their rights by calling, writing, and visiting members of the legislature (on more than one occasion) to inform their elected officials of the issues most important to Texas educators.

The 85th Legislature’s regular session was long and arduous, but ATPE persisted in keeping public tax dollars out of private institutions—despite strong pushes from some lawmakers, the lieutenant governor, and outside lobbying groups to do the opposite. The Texas House leadership stood with ATPE, the vast of majority of parents, and the education community to fight vouchers and champion improvements to Texas’s school finance system. Both chambers engaged in meaningful conversations about improving school accountability and reducing the emphasis on standardized testing.

Despite the numerous challenges presented during the 85th regular session of 2017, ATPE rose to the occasion and continued on our mission to provide every child equal opportunity to receive an exemplary education. Below are some highlights from this year’s regular legislative session.

Progress on ATPE’s Legislative Priorities for the 85th Legislature

  1. School Funding
  2. TRS and Healthcare
  3. Saving Payroll Deduction
  4. Stopping Privatization
  5. Promoting Educator Quality
  6. Reducing Standardized Testing
  7. Addressing Regulatory Exemptions
The ATPE Lobby Team

Members of the ATPE Lobby Team

1. School Funding: ATPE lobbied for dramatic improvements to the state’s school finance system and urged lawmakers to provide the resources necessary to allow every child in Texas access to an exemplary public education.

o  The state budget: Senate Bill (SB) 1 by Sen. Jane Nelson (R-Flower Mound)

While the House and Senate each began this session with their own versions of the budget, the bills were worked out in a conference committee and resulted in the following new state budget for the next two years:

·       Lawmakers allocated fewer state dollars to school districts under this budget, requiring local schools instead to rely more heavily on property taxes just to stay open. The decrease in state funding coupled with the elimination of ASATR (Additional State Aid for Tax Reduction) is a one-two punch for districts that are already cash strapped, especially those in rural areas, and some have already stated they will either close or consolidate under this budget. This continues a trend of legislators shifting the burden of paying for public education from the state to the local level, which results in increased upward pressure on local property taxes to make up for the reduction in state funds. Legislators must realize that our outdated school finance formulas need to be reformed, and the state must shoulder its share of the burden if our schools are to meet the demands of rapid growth in population and enrollment.

·        The TRS healthcare program for retirees faced a billion-dollar shortfall going into the next biennium under its existing and inadequate funding mechanism. Lawmakers made modest increases to state and district funding formulas, in addition to providing a relatively small amount of one-time supplemental funding from the state, in exchange for passing a TRS reform bill that shifts the majority of the shortfall to retirees through increased premiums and decreased benefits. In all, SB1 includes $480 million above what previous formula funding called for, made up of $350 million from the state and $130 million from school districts.

o  School finance reform: House Bill (HB) 21 by Rep. Dan Huberty (R-Humble)

HB 21 was the first iteration of what Chairman Huberty planned to be a two- or three-session effort to completely overhaul the state’s school funding mechanism. A testament to the volatility of this session, HB 21 began as a school finance bill supported by ATPE and most of the education community. The bill would have increased the basic allotment of funding per student, lowered the recapture rate, created a Hardship Provision Grant to soften the elimination of ASATR funding for several districts, added a formula weight for students with dyslexia, increased the Career and Technology Allotment weight (CTE), and repealed hold harmless provisions in the current law. Coupled with companion legislation in the House’s state budget proposal, HB 21 could have provided as much as $1.9 billion in additional state funding for public education.

However, once the bill passed to the Senate, Sen. Larry Taylor (R-Friendswood), Chairman of the Senate Education Committee, substituted it with language of his own that reduced the additional funding to $530 million and added in a controversial provision for vouchers for students with disabilities. This draining of public tax dollars into private entities through a proposed Educational Savings Account (ESA) voucher caused ATPE and other members of the education community to retract their support of the bill. The Senate passed the voucher-laden version of the bill on a mostly party-line vote. Sen. Eddie Lucio, Jr. (D-Brownsville), joined with all Republicans to support the bill.

The House refused to concur with the Senate’s changes to the bill, and Chairman Huberty called for a conference committee to work out the differences between each chamber’s versions of HB 21. However, over on the Senate side, Lt. Gov. Patrick and Chairman Larry Taylor declared the bill dead that same afternoon, refusing to appoint members of the Senate to participate in a conference committee. The Senate ultimately appointed conferees with just hours to spare on the last day of deliberations, but no agreement could be worked out in the few remaining hours, and the school finance bill died.

2. TRS and Healthcare: ATPE helped prevent the passage of bills that would change the defined benefit structure of TRS, raised awareness of the dramatically rising costs of educators’ healthcare programs, and helped secure additional funding for TRS-Care to prevent retired educators from losing their access to healthcare.

o  HB 3976 by Rep. Trent Ashby (R-Lufkin)

As stated above, ATPE entered the 2017 legislative session with a looming crisis for the state’s healthcare program for retired educators. Facing a $1 billion shortfall, TRS-Care was slated to run out of funding during the next biennium without urgent action by the 85th Legislature. Combining $350 million in state funds along with $130 million in support from school districts, the passage of HB 3976 helped secure $480 million in new money budgeted for TRS-Care over the next biennium. In order to maintain coverage, this bill changes the current TRS-Care plan by splitting coverage into two groups based on retirees’ ages. While the enactment of the bill means higher costs for participating retirees, it prevents the worst-case scenario: The collapse of TRS-Care in its entirety. Read a more comprehensive summary of the legislative changes here, and also read here about how the TRS Board of Trustees is now undertaking the rulemaking process to implement the changes called for by lawmakers in greater detail.

o  SB 1750 and SB 1751 by Sen. Paul Bettencourt (R-Houston)

Sen. Bettencourt’s SB 1750 and SB 1751 revived the concept of converting the TRS defined benefit pension plan to a defined contribution program in the future, making it more like a 401(k) plan or a hybrid of the two. The first bill called only for an interim study of the idea, while the second bill would have authorized TRS and ERS (the agency overseeing a similar pension plan for state employees) to create such a program as an alternative for new employees. Bills like this are a common fixture in the sessions preceding when an agency is up for its sunset review. While both bills were referred to the Senate State Affairs Committee, neither received a hearing and both proposals died. Additionally, other legislation was passed that will move back the sunset date for TRS to the year 2025.

3. Saving Payroll Deduction: ATPE fought back against anti-educator bills that would do away with payroll deduction for voluntary professional association dues.

o   SB 13 by Sen. Joan Huffman (R-Houston) and HB 510 by Rep. Sarah Davis (R-Houston)

ATPE continued to defend educators’ rights to use voluntary payroll deduction for their association dues and to fight anti-educator bills that do away with that option in an attempt to make it harder for educators to join professional groups like ours. Bills eliminating payroll deduction were identified as priorities of both the governor and lieutenant governor. ATPE members mounted strong opposition, testifying in committee and meeting with individual members of both the House and Senate to demand fair treatment. The Senate version (SB 13) of the so-called “union dues” bill passed the Senate on a party-line vote. In the House, both SB 13 and HB 510 were referred to the Committee on State Affairs but did not receive a hearing and subsequently died there.

4. Stopping Privatization: ATPE helped defeat bills aimed at creating private school voucher programs.

o  SB 3 by Sen. Larry Taylor (R-Friendswood)

Having made school choice one of his top three legislative priorities this session, Lt. Gov. Patrick used SB 3 as the main vehicle to push for vouchers in the form of both corporate tax credits for donations to private school scholarships and educational savings accounts for parents to use for their children’s private and home school expenses. The bill was voted out of the full Senate after measures were added to make the bill more palatable to rural legislators who were concerned about the impact a major subsidy would have on their districts. SB 3 passed the Senate with the support of 13 Republicans and one Democrat, Sen. Eddie Lucio, Jr. (D-Brownsville); the rest of the Senate Democrats and three Republicans, including Sen. Kel Seliger (R-Amarillo) and Sen. Robert Nichols (R-Jacksonville), voted against the bill. While Sen. Joan Huffman (R-Houston) is recorded as voting against SB 3, she cast a key vote to enable the bill to come up for consideration on the Senate floor, which paved the way for its passage. Upon being received in the House, the bill was referred to the House Public Education Committee, where it later died.

o  The Senate’s voucher amendment to HB 21

Earlier in the session, the House passed HB 21 by Chairman Dan Huberty as a school finance reform measure and the policy component intended to guide the additional money allocated to education in the House’s version of the draft budget. As we discussed above, HB 21 was vigorously debated on the House floor and passed to the Senate, where Chairman Larry Taylor (R-Friendswood) substituted the House version of the bill with his own bill demanding an ESA voucher for students with special needs. The Senate passed its substitute version of HB 21 and sent it back to the House, which refused to concur with the controversial amendments. Lawmakers were unable to agree to a final bill, and HB 21 died along with all other attempts to pass a private school voucher this session.

o  Record votes on vouchers. The House took multiple noteworthy votes against private school vouchers this session:

·        During the initial debate of SB 1—the budget bill—on the House floor, members voted 104-43 in favor of an amendment by Rep. Abel Herrero (D-Corpus Christi), Rep. Gary VanDeaver (R-New Boston), Rep. Ken King (R-Canadian), and Rep. Kyle Kacal (R-Bryan) to prohibit the use of public funds from supporting school choice programs in any form.

·        The House voted against vouchers again upon receiving the Senate’s version of the school finance bill, HB 21. The vote occurred in response to a “motion to instruct” presented by Rep. John Zerwas (R-Fulshear), a move intended to inform conference committee appointees of the desire of the body they represent while fleshing out the differences between differing bills. Chairman Zerwas filed the motion to urge House members of the conference committee to reject any voucher language in potential compromises on HB 21, and a supermajority of the House agreed. House members voted 101-45 to reject any compromises on HB 21 that would allow for ESAs, tax credit scholarships, or any other form of voucher.

·        Immediately following that vote, members squashed an alternative motion to instruct the conferees to “consider all methods of education choice and financing for special needs students.” The motion, presented by Rep. Ron Simmons (R-Carrollton), failed with members voting 47-89 against it.

o  Related legislation: The “Tim Tebow” Bill, SB 640, by Sen. Van Taylor (R-Plano)

Once again, this session ATPE helped prevent the passage of a bill that would force public schools to allow homeschooled students to participate in extracurricular UIL activities. ATPE members have long opposed the uneven playing field that would be created with allowing the participation of homeschooled students in UIL, since those students are not be held to the same academic and disciplinary standards as public school students.

5. Promoting Educator Quality: ATPE advocated for maintaining high standards for the education profession and a compensation and benefits structure that promotes educator recruitment and retention.

o  SB 1839 by Sen. Bryan Hughes (R-Mineola)

Amended several times over, SB 1839 became the catch-all for bills that had otherwise failed in the legislative process. In its original form, the bill mandated that relevant PEIMS (Public Education Information Management Systems) data be shared with educator preparation programs, gave the commissioner more rulemaking authority with regard to out-of-state certificate holders, and required educator preparation programs to include instruction on digital learning. In the final version signed by the governor, the bill also includes measures to do the following:

·        Prohibit the State Board for Educator Certification (SBEC) from requiring educator preparation programs to deliver one or more face-to-face support visits for principal, librarian, counselor, and diagnostician candidates during their clinical experience;

·        Create an early childhood through third grade teaching certificate;

·        Require additional professional development for digital learning and teaching methods; and

·        Allow long-term substitute teaching to count in lieu of minimal field-based experience hours required of certain educator candidates before entering the classroom as the teacher-of-record on a probationary certificate. This
language was originally a part of SB 1278, a bill ATPE testified against because it watered down educator preparation standards raised by SBEC during the past year. As that bill made its way through the committee process, much of the SB 1278 content was stripped away; however, this remaining portion was improved and ultimately added to SB 1839.

 

6. Reducing Standardized Testing: ATPE supported bills to reduce the role of standardized test scores in our accountability system for schools, in teacher evaluations, and in high-stakes decisions for students. 

o  SB 463 by Sen. Kel Seliger (R-Amarillo)

During the 84th regular session of the Texas Legislature in 2015, ATPE worked with Sen. Seliger to enact legislation that would provide a safe harbor for eligible high school seniors otherwise prevented from graduating due to failure of two or fewer STAAR tests. Enacted by that 2015 law that was set to expire this year, Individual Graduation Committees (IGCs) take the student’s entire academic history into account and use that to work a path to graduation. This session, we successfully worked with legislators once more to secure access to IGCs for high school students through 2019 with the passage of SB 463. 

o  HB 657 by Rep. Diego Bernal (D-San Antonio)

This ATPE-supported legislation allows ARD committees to promote special education students who have failed an exam but have otherwise met the goals of their individual education plans (IEPs). The passage of this bill provides students in special education programs with additional relief from regimented standardized testing. 

o  HB 515 by Rep. Gary VanDeaver (R-New Boston)

What started out as a bill to reduce the number of standardized tests that students are required to take lost much of its strength as amendments were added through the committee process. The bill’s focus was altered, causing it to place an emphasis on replacing state exams for high school social studies with the US Citizenship test, which would have presented problems due to a lack of alignment between the proposed test and the curriculum standards in the Texas Essential Knowledge and Skills (TEKS). The author of the bill did not concur with Senate amendments when the bill was sent back to the House, and the bill died.

 

o  HB 1333 by Rep. Jason Isaac (R-Dripping Springs)

This bill called for a reduction in the number of standardized tests taken by public school students by requiring the state to seek a waiver of federal laws that require certain tests in grades three to 12, and bringing the number of standardized tests for high school students down to the federally required minimum. The bill also called for making test scores a smaller percentage of school accountability calculations and removing standardized test scores as a facet of teacher evaluation. This bill did not make it beyond a hearing in the House Public Education Committee.

7. Addressing Regulatory Exemptions: ATPE advocated for limiting, repealing, or adding safeguards to regulatory exemptions that have been granted to some public schools, including Districts of Innovation (DOI).

Several bills were put forth this session with the goal of closing loopholes associated with the advent of Districts of Innovation (DOI). ATPE successfully advocated for a new measure of transparency under DOI:

SB 1566 by Sen. Lois Kolkhorst (R-Brenham)

Included in SB 1566, an omnibus bill pertaining to district and charter governance, is the requirement that school districts designated a DOI must post and maintain their DOI plan prominently on the school district’s website. A school district now has 15 days upon adoption to post its DOI plan or any revisions to its plan.

However, none of the following DOI bills made it to final passage:

o  HB 972 by Rep. Helen Giddings (D-Dallas)

This bill would have partly disallowed districts from exempting themselves from teacher certification laws by preventing a district from assigning most students in first through sixth grades to an uncertified teacher for two consecutive years (unless the district gets permission from parents). The bill passed the House but was not given a hearing in the Senate.

o  HB 1867 by Rep. Mary Gonzalez (D-Clint)

This bill would have removed educator certification from the exemptions available to districts under the DOI law. The bill failed to pass either chamber.

o  HB 1865 by Rep. Matt Krause (R-Fort Worth)

The bill would have removed school start date requirements from the list of eligible DOI exemptions, which would have eliminated a major enticement to districts considering DOI status. A desire to start the school year on an earlier date has been the most typical exemption sought by DOIs statewide. Despite the tourism industry vigorously lobbying in support of this legislation that would preserve a more predictable school calendar, the bill was left pending and eventually died after being heard in the House Public Education Committee.

o  HB 620 by Rep. Jeff Leach (R-Plano)

The bill would have allowed districts the option of moving the school start date to the second Monday in August, up from the fourth, and would have required instruction time measured in minutes, as opposed to days. HB 620 would have offered schools flexibility and eliminated an incentive to pursue DOI status. Like HB 1865, the bill was left pending and therefore died in the House Public Education Committee.

Other Legislative Victories:

·        ATPE supported changes to the A-F accountability system put in place for campuses last session (HB 22).

Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee, filed HB 22 to try to revamp the state’s unpopular A-F accountability grading system for schools and districts. A version of the bill approved by the House had broad support from the education community, but stakeholders were less enthusiastic about changes made to the bill in the Senate. Ultimately, the bill was referred to a conference committee to iron out an agreement, and HB 22 became one of the last bills passed by the 85th Legislature before the clock ran out on the regular session. HB 22 as finally passed collapses the five domains down to three, allows districts to add locally designed aspects of their accountability plans subject to approval by the Commissioner of Education, and pushes back the rollout of the A-F rating system for campuses to August 2019. ATPE successfully advocated to require the rulemaking process include input from teachers. While ATPE is still not a proponent of the A-F system and had argued for eliminating the overall summative grade for schools, we support these changes in the final compromise version of HB 22, which should give districts more leeway and educators an additional opportunity for local input into the design of their schools’ accountability systems.

·        ATPE bolstered efforts to prevent and punish cyberbullying – David’s Law, SB 179, by Sen. Jose Menendez (D-San Antonio).

Expanding on ATPE’s work in prior sessions to help curtail bullying of students, the act now known as David’s Law establishes criminal penalties for those engaged in acts of cyberbullying and requires schools to create secure channels for students to report cyberbullying. 

·        ATPE supported prohibiting the Texas Education Agency (TEA) from basing a school’s performance on the number of students in special education programs – SB 160 by Sen. Jose Rodriguez (D-El Paso).

ATPE supported legislators’ efforts to end the de facto 8.5 percent cap on schools enrolling students in special education services. This legislation prevents TEA from monitoring school performance based on the percentage of students they enroll in special education services. 

·       ATPE worked closely with lawmakers to address educator misconduct – SB 7 by Sen. Paul Bettencourt (R-Houston).

One of the first bills signed into law by Gov. Abbott this year, SB 7 aims to address the phenomenon sometimes called “passing the trash,” whereby educators accused of misconduct have been allowed to resign and find work in another school district thanks to lax reporting. Several amendments were added to the original version of this bill, including one to strip certain employees convicted of felony sexual offenses of their TRS pensions, amendments to add parental notification requirements, and an amendment that requires school job applicants to disclose any criminal charges or convictions in a pre-employment affidavit.

ATPE's 2016-17 State Officers

ATPE’s 2016-17 State Officers