Tag Archives: privatization

Teach the Vote’s Week in Review: June 26, 2020

The education community saw a whirlwind of news this week as multiple pieces of guidance were released from the Texas Education Agency regarding the return to school in the fall, including a draft public health document that was posted online and promptly taken down. In this week’s wrap-up, the ATPE Governmental Relations team will fill you in on the latest happenings.


CORONAVIRUS UPDATE: It was gone in the blink of an eye. On Tuesday of this week, the Texas Education Agency (TEA) posted a draft public health guidance document, seemingly by mistake. By the time it was taken down, the guidance had been widely circulated in the education community, and many were not happy with the lack of attention it paid to the worsening coronavirus numbers in Texas. Featured in a story by ABC affiliate KLTV-7 in East Texas, ATPE Senior Lobbyist Monty Exter said, “…while we would like for the state to give teachers and districts guidance in an expedient fashion, we’re glad that the draft put up yesterday is not the final product.”

As reported by the Texas Tribune, the guidance largely focused on suggesting health and safety practices to districts rather than mandating them, reflecting Commissioner of Education Mike Morath’s statement last week that it “will be safe” to return to in-person classes in the fall. Morath has since appeared to walk back that sentiment as the state’s coronavirus numbers have worsened, and the agency has said it is still soliciting feedback and developing the final guidelines. Unfortunately, this week’s developments provide little solace to educators feeling anxiety about returning to school since Gov. Greg Abbott’s announcement last week that in-person classes will resume this fall.

ATPE continues to meet with legislators, other stakeholder groups, and policymakers at the local, state, and federal level to share our members’ feedback about the return to school. We released a statement on TEA’s draft health guidance document this week, in which we strongly urge the state to require stronger actions to ensure the safety of school employees and Texas students. ATPE also asks school districts to listen to their employees and the recommendations of medical experts regarding the impact of the pandemic in their area as they implement their back-to-school safety protocols. In the statement, ATPE Executive Director Shannon Holmes says, “Elected school boards and superintendents now face a difficult balancing act between preventing COVID-19 outbreaks and ensuring children are in the most productive learning environment possible—a physical classroom with an in-person teacher. They deserve to have support and actionable guidance from the state of Texas.” Read more about ATPE’s response in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.

Gov. Abbott gives a COVID-19 update on June 22, 2020

At the gubernatorial level, Gov. Abbott took several actions this week in response to a growing positivity rate for the coronavirus. As ATPE Lobbyist Mark Wiggins reported here on Teach the Vote, Abbott strongly encouraged (but did not mandate) wearing masks in his press conference on Monday. By Thursday, the governor had decided to halt the state’s reopening plans, calling for cancellation of elective surgeries and by Friday, closing bars and reducing restaurant capacity to 50%.

Be sure to check the ATPE Coronavirus FAQ and Resources page, which offers answers to common educator questions related to returning to school in the fall, health and safety concerns, laws governing sick leave, and more. ATPE is continuing to update this page on a daily basis as new developments occur.


ELECTION UPDATE: Are you ready to vote? Get your hand sanitizer, stylus (a pencil with an eraser works), and mask ready! Early voting for the primary runoffs and the Texas Senate District 14 special election begins this coming Monday, June 29, and continues through July 10. Texas Secretary of State Ruth Hughes reiterated this week that voters should aim to vote early to avoid election day crowds, utilize curbside voting if possible, and follow  minimum safety guidelines released by her office in May. Read more in this blog post by ATPE Lobbyist Mark Wiggins.

ATPE reminds voters that a decrease in election poll workers has reduced the availability of polling sites in some areas. Click here to find early voting sites near you, and check your county’s election website for wait times during voting hours. The League of Women Voters vote411.org site has a personalized sample ballot generator and more! Lastly, check out candidate profiles here on Teach the Vote. Thank you for your commitment to voting, and stay safe!


This week TEA (intentionally) posted guidance on remote learning and attendance/enrollment for the 2020-21 school year, which gave districts a better idea of how they may operate this fall and how they will be funded. The agency gave districts two main options for remote learning that are differentiated by whether or not a student receives real-time, teacher-lead instruction. Additionally, the models have different ways of documenting student engagement for purposes of taking attendance. The agency plans to hold districts harmless for attendance for the first two six weeks, but this may not be enough to provide stability to districts in such an uncertain situation. Read more on the remote learning guidance in this blog post by ATPE Lobbyist Andrea Chevalier.

TEA also updated several other coronavirus resources this week, including personal protective equipment (PPE) updates, updates to general support (family mental health flyers and new child care emergency rules), “Strong Start” planning and survey tools, several updates to waivers, finance, and grants (new answers to equitable services FAQ, remote learning, attendance, missed school days, and more), and school nutrition (new letter to families on the P-EBT application).


Betsy DeVos

U.S. Secretary of Education Betsy DeVos announced that the Department of Education will release a final interim rule on how public school districts must spend their federal emergency dollars under the CARES Act for equitable services provided to private schools. The rule, which is unofficially published for now, gives districts more flexibility than what was originally indicated by the department; but the new rule still misses the mark in its obvious intent to expand private school access to public school resources, using the department’s strained interpretation of the CARES act. Read more about what the new rule entails in this blog post by ATPE Lobbyist Andrea Chevalier.


Texas 2020 Census response rates by county as of June 25, 2020

The decennial U.S. Census is crucial to ensuring adequate funding and programming for roads, infrastructure, our public schools, and so much more. The current national response rate for the 2020 Census shows that 61.7% of households have responded to their census. At 56.3%, Texas doesn’t have the lowest response rate in the country, but we still have a long way to go.

The update/leave process is now underway, so you might see census workers in your neighborhood visiting households that have not responded yet. Find upcoming events, training, tool kits, and other resources at Texas Counts. Here are two things you can do to help Texas shine on the 2020 Census:

  1. Text or call your family (even those great aunts) and friends and ask them if they have filled out the census. Walk them through the process if not. We have until October 31 to self-respond!
  2. Pop a census reminder in student materials and family communications or staple to school lunch bags on a regular basis and make sure parents count even their youngest babies on the census.

Teach the Vote’s Week in Review: May 29, 2020

These are the strangest last days of school. No bustling students, smiling and excited for summer. No hugs goodbye or “Have a great summer” notes. Socially-distanced graduation ceremonies. Rest assured, students and teachers will be reunited in the coming future, more grateful than ever for the bond that is created during learning. As you start your summer, relax and enjoy some reading on this week’s education news from the ATPE lobby team.


Abbott press conference in Amarillo, May 27, 2020.

CORONAVIRUS UPDATE: On Tuesday, Gov. Greg Abbott issued a proclamation to expand services and activities that can be reopened in Texas, including water parks, driver education programs, and food courts in shopping malls (with limited occupancy). As previously announced, zoos can reopen today, and on Sunday, youth camps and sports can resume activity. Abbott also held a press conference Wednesday in Amarillo to share positive updates on the progress of testing and containment of the outbreak in the panhandle.

On Monday, schools have been authorized to reopen to students with special safety measures in place, such as taking students’ temperatures every day and separating desks by six feet (among many others). Citing logistical concerns with the feasibility of implementing such requirements, Houston ISD and other districts in the area have chosen to implement online-only summer school. Other districts may only offer statutorily-required summer school to rising kindergarten and first grade English learners. Midland ISD is collecting data from parents and teachers on how to proceed with learning in the upcoming school year. Ft. Bend ISD announced this week that it plans to offer a full-time virtual learning option for its students who are not comfortable returning to school in-person in the fall.

As more districts gather input from their communities and make decisions regarding summer and fall learning, we expect to see a variety of approaches emerge. To help educators navigate these changes, ATPE continues to update our Coronavirus FAQ and Resources page. The Texas Education Agency also has updated nearly every topic on its coronavirus-related webpage, including new year-round calendar examples and guidance pertaining to special education, special populations (English language learner summer school guidance), academics (dyslexia screening requirements), student assessment, and funding (CARES Act guidance).


ELECTION UPDATE: This week, the Texas Supreme Court ruled that lack of immunity to the novel coronavirus does not constitute a disability, overturning a lower court decision that would have effectively expanded who can vote by mail in Texas. The court did not, however, side with Texas Attorney General Ken Paxton in forcing local election officials to check the disability status of those who apply for a ballot by mail. A separate case in the U.S. Fifth Circuit is still pending.

In light of the health risks associated with voting in person, Gov. Abbott said this week in an interview (see the 4:30 mark) with Lubbock news station KCBD that he will extend the two-week early voting period for the November 2020 election.

Secretary of State Ruth Hughes this week announced a minimum health and safety protocol for voters and poll workers, which includes bringing your own ballot-marking device and curbside voting if you have COVID-19 symptoms and meet other eligibility requirements. Read more in this week’s election roundup post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: This week, U.S. Secretary of Education Betsy DeVos announced that the Department of Education (ED) would begin rulemaking to solidify its guidance directing public school districts to spend federal stimulus funds on private schools. This follows Texas’s issuance of its own CARES Act guidance, which instructs districts to heed ED’s interpretation of the “equitable services” provision within the law.

Betsy DeVos

Many argue that DeVos’s interpretation of how “equitable services” funds should be distributed under the CARES Act is actually inequitable. Her department’s direction could send an unprecedented amount of Title I-based federal emergency dollars to private schools, regardless of their students’ income, language status, or other eligibility criteria typically required by federal education law. Read more about the dispute over CARES Act funding in this blog post by ATPE Lobbyist Andrea Chevalier.

ATPE’s federal lobby team continues to discuss our concerns with lawmakers, and we will provide formal input on any new rules that are proposed by the department. However, it’s been reported that ED may use a “good cause” exception under federal administrative procedures to try to make the rule change effective immediately upon its publication, even before the public comment period expires. The U.S. House passed a new coronavirus relief bill earlier this month that would limit Secretary DeVos’s power to steer federal coronavirus relief funds to private schools, but the Senate has not been willing to consider the measure.


ATPE recently submitted formal comments on proposed rules for the Teacher Incentive Allotment (TIA) established through last year’s House Bill 3. The proposed commissioner’s rules outline key aspects of the TIA’s local optional designation systems, such as data sharing requirements, teacher eligibility, and the district plan approval process. ATPE’s comments to the agency highlight the need to maintain confidentiality in data sharing and recommend other changes to improve the rules. Read more in this blog post by ATPE Senior Lobbyist Monty Exter.


Recent surveys on education during the COVID-19 pandemic show parents and educators are worried about their students, mainly with learning loss and children’s ability to follow social distancing guidelines if they go back to school. They also appear to agree with the general public  in not wanting an extended school year calendar, instead preferring summer school options. Read more about the Learning Heroes Parent 2020 survey and the USA Today/Ipsos polls of parents and teachers in this blog post by ATPE Lobbyist Andrea Chevalier.

Do YOU want to take a survey and share your thoughts, too? Until June 3, ATPE invites educators  to share your concerns about returning to campus for the 2020-21 school year in ATPE’s short, confidential survey. You don’t have to be an ATPE member to participate, so please share the survey with your colleagues, too. Help us develop resources and support Texas educators and students during these uncertain times.

Dispute over CARES Act funding for private schools intensifies

Secretary DeVos testifies before U.S. House Appropriations subcommittee, Feb. 27, 2020.

U.S. Secretary of Education Betsy DeVos issued guidance in late April that directed public school districts to use their federal emergency funds under the CARES Act to provide “equitable services” to all non-profit private school students in their bounds. After building strife among education stakeholders and leaders, DeVos has now announced that her department will be “issuing a rule on the topic in the next few weeks and inviting public comments.”

There are two main differences between DeVos’s new interpretation of equitable services under the CARES Act and its strict interpretation under federal education law. Under various titles of federal education law (Title I, Part A; Title II, Part A; Title III, etc.), a school district’s duty to provide equitable services is based on students residing in a public school’s attendance area and the proportion of children who meet the criteria of that title, such as students who are from low-income families, migrants, or English language learners. The provision of services, such as tutoring or teacher professional development, is meant to make the private school option commensurate with the public school option for those students. DeVos’s novel interpretation argues that these eligibility criteria don’t apply for CARES Act funds, even though 90% of the funds are distributed by Title I formulas.

As reported last week by Politico, U.S. Senator Lamar Alexander (R-TN), who chairs the U.S. Senate Health, Education, Labor, and Pensions Committee, agrees with many others that DeVos’s interpretation differs from what Congress intended. “My sense was that the money should have been distributed in the same way we distribute Title I money,” said Alexander, adding, “I think that’s what most of Congress was expecting.”

DeVos has received negative feedback on this issue from members of Congress, state education leaders, and other groups. Among them is the Council of Chief State School Officers (CCSSO), which has argued that the department’s new interpretation is inequitable. Some states, including Maine and Pennsylvania, for instance, have decided to ignore the secretary’s guidance. Others such as Tennessee and Texas plan to require their school districts to heed the secretary’s recommendations, as we have reported here on Teach the Vote. The threat of rulemaking to formally codify DeVos’s interpretation is clearly meant to bring in line those jurisdictions that have objected to expanding the CARES Act funding eligibility.

In a May 22 letter (written in the form of a reprimand), DeVos responded to the opposition from CCSSO, using it as an opportunity to announce her intent to initiate the rulemaking process. The announcement marks a shift in tone and intensity, as the department’s move to a formal rule instead of guidance is much more binding. In the letter, DeVos argues that for purposes of the CARES Act, an interpretation of equitable services that only acknowledges students traditionally served by the provision under federal education law would discriminate against all other private school students, including those who are wealthy or otherwise advantaged. The secretary notes that 90% of the emergency funds appropriated by Congress through the CARES Act are directed toward public school students. While seemingly acknowledging that the CARES Act funds were based on the enrollment of students in public schools and flow through a Title I-based formula, DeVos insists in her letter that all students have been impacted by the pandemic. “The virus affects everyone,” writes the secretary.

As many educators know, equity is not equality. Equity makes up for inequalities in society by directing more resources and supports to those who need them the most. Providing “equitable services” to advantaged students on the grounds that these students are otherwise being discriminated against effectively nullifies the entire intention of equity. The federal government’s new approach to equitable services is actually more likely to widen the opportunity gap between our nation’s students.

ATPE has already communicated with our state’s congressional delegation about this issue will continue follow the rule-making process closely as it develops. Check back on Teach the Vote for updates and follow Teach the Vote on Twitter.

Teach the Vote’s Week in Review: May 22, 2020

As the 2019-20 school year winds down, state leaders continue to open Texas back up. While parents, students, and teachers focus on end-of-year tasks and COVID-modified celebrations, many education leaders are already focused on summer learning and how school will roll out next fall. This Memorial Day weekend, we hope our readers will get to take a much deserved break before starting the next chapter.


Gov. Abbott’s May 18th press conference

CORONAVIRUS UPDATE: On Monday, May 18, Gov. Greg Abbott held a press conference to announce the further reopening of Texas. Child care centers and youth clubs were allowed to reopen that day, and businesses were allowed to have a limited number of employees back in the office. Today, restaurants may increase their capacity to 50% and bars can open at 25% capacity. On May 31, day camps and certain professional sports (without in-person spectators) can resume activity.

On June 1, schools can reopen to students, according to the governor, but with enhanced safety measures and physical distancing requirements in place. As noted in this article from the Texas Tribune republished on our site this week, Texas schools cannot require students to attend in the summer. Districts can make summer school attendance a condition for grade promotion, but only if they offer a distance learning option.

In conjunction with the governor’s announcement about summer school, the Texas Education Agency (TEA) outlined health and safety considerations for reopening schools next month, such as taking students’ temperatures daily and having students eat lunch at their desks. These overlap with the more comprehensive CDC school considerations, which also emphasize using masks and direct school systems to train their staff, have a back-up staffing plan, and strengthen paid/sick leave policies.

For more coronavirus-related resources from TEA, click here. Visit ATPE’s frequently updated Coronavirus FAQ and Resources page and follow the ATPE lobby team via @TeachtheVote on Twitter for developments on the response to COVID-19. Also, check out our recent recap of legislative and regulatory developments impacting Texas and education since the pandemic began.


The Texas Education Agency (TEA) is attempting to respond to numerous questions about what next year’s school calendars will look like. Commissioner of Education Mike Morath has spoken several times recently about flexible school years, urging schools to consider starting the 2020-21 school year earlier, ending it later, and building in flexible “breaks” to accommodate pandemic-related issues.

TEA’s new school calendar FAQ stresses that calendar changes are local school board decisions, but that the calendar is a “key lever” in addressing student learning loss, even if this causes financial strain on the district. Teacher pay and contracts are also briefly addressed in the new FAQ, which states that, “in most cases, a district can require its teachers to work the extra days if the district: 1) provides additional compensation under existing contracts that permit extended calendar/number of days worked flexibility to the teachers for the extra time required to complete the adjusted school year; and 2) extends by agreement the existing teacher contracts to address the extra time and any associated compensation.”

ATPE member and former Texas Teacher of the Year Stephanie Stoebe told CBS Austin news this week, “I could support us having longer breaks. I could support year-round school, but I definitely believe we need to be in the classroom.” Also featured in the story, ATPE Governmental Relations Director Jennifer Mitchell noted that difficult school calendar decisions involve considerations such as childcare arrangements and the potential need for more funding that some districts may not have. Read ATPE’s recent press statement about school calendar concerns here.


TEA released new guidance yesterday on CARES Act funding for school districts, which includes information about using federal stimulus funds to provide services to private school students and the ability of districts to use the emergency funds to supplant, not supplement, obligations in their current budgets.

Commissioner Mike Morath

As expected, Texas Education Commissioner Mike Morath sided this week with U.S. Secretary of Education Betsy DeVos’s interpretation of “equitable services” under the CARES Act. DeVos asked states to instruct their public school districts to use Title-I-based federal emergency education funds to provide services (such as teacher professional development and technology) to all non-profit, private school students in their bounds, regardless of income or student residence location. This interpretation differs from the long-established intent behind the equitable services provision in Title I of federal education law, which requires equitable services only for students who reside within a public school’s attendance zone located in a low-income area and are failing or at risk of failing to meet achievement standards.

Read more about the development in this Teach the Vote blog post.


ELECTION UPDATE: The on-again/off-again saga of mail-in voting in Texas continues, but appears to be off again for now. The Texas Supreme Court heard arguments this week on whether to expand mail-in voting in light of concerns about the spread of COVID-19. A state district court and appellate court both ruled in favor of expanding mail-in voting, but Texas Attorney General Ken Paxton (R) appealed the rulings.

Also this week, a federal judge ruled that the state’s current restrictions on voting by mail violate the Equal Protection Clause of the U.S. Constitution and that all registered voters in Texas could apply to vote by mail. Again, at the request of Paxton, the U.S. Fifth Circuit Court of Appeals agreed one day later to temporarily stay the expanded vote-by-mail ruling while it decides whether to substantively overturn the decision.

Read more on the dispute in this week’s Texas election roundup blog post from ATPE Lobbyist Mark Wiggins.


Gov. Greg Abbott, Lt. Gov. Dan Patrick, and Speaker of the House Dennis Bonnen (R-Angleton) sent a letter this week to state agencies and institutions of higher education asking them to submit a plan to reduce their budgets by 5% for the current biennium.

State leaders suggest cutting administrative costs that are not “mission critical.” The Foundation School Program, school safety, and employer contributions to the Teacher Retirement System, among other essential government functions, are excluded from the call for a reduction.

Looking ahead to the next two-year state budget that lawmakers will adopt in 2021, the letter from “the big three” leaders also warns of additional belt-tightening in the months ahead.

“Every state agency and institution should prepare to submit reduced budget requests as well as strategies to achieve further savings. Furthermore, when the state revenue picture becomes clearer in the coming months, it may become necessary to make additional budget adjustments.”


ATPE wants to hear from you regarding your concerns about returning to campus for the 2020-21 school year. We invite educators to take our short, confidential survey to share your feedback. Your input will help us develop resources and provide support for Texas educators and students during this uncertain time.

This survey is open to any Texas educator, so please share it with your colleagues. The survey may be taken only once from an IP address and will remain open through June 3.

Texas signals it may send federal K-12 dollars to private schools

This post has been updated from its original version to reflect new guidance issued by the Texas Education Agency on May 21, 2020. See details at the bottom.

Federal stimulus funding appropriated by Congress to help states and school districts deal with the effects of the coronavirus pandemic could find its way into the coffers of private schools and virtual education vendors. Even though public schools sorely need the federal emergency funding for their own students, U.S. Secretary of Education Betsy DeVos is calling for districts to set aside an unprecedented amount of their CARES Act funds for use by private schools. While other states have pushed back against that guidance, Texas officials seem more inclined to go along with Devos’s plan.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $13.5 billion for the K-12 Elementary and Secondary School Emergency Relief (ESSER) fund and another $3 billion for the Governor’s Emergency Education Relief (GEER) fund for K-12 and higher education needs. While both streams of funding are based to some degree on the number of low-income students, 90% of CARES Act funding aimed at K-12 schools will be distributed using Title 1 formulas. Second only to California, Texas is set to receive $1.29 billion in CARES Act ESSER funds and $307 million in GEER funds.

At the end of April, DeVos issued guidance from the U.S. Department of Education (ED) directing school districts to use their federal emergency funding under the CARES Act to provide “equitable services” to all students attending private schools in their districts, which is a dramatic expansion of the population qualified to receive such services. As districts look to use these funds, questions remain as to whether Texas officials will press districts to adhere to ED’s questionable guidance.

“Equitable services” is a term that has existed in the Elementary and Secondary Education Act (ESEA) since its passage in 1965. It refers to a school district’s duty to a specific population of students — those who live in the attendance zone of a Title I school, are low achieving on the basis of multiple, educationally related, objective criteria, and attend a non-profit private school. After a consultation process and an equitable services agreement with a private school, districts must provide equitable services to eligible students. Services include such things as counseling, professional development for the students’ teachers, or other instructional services that would improve their academic outcomes. DeVos, a long-time supporter of private school vouchers, wants to expand the population of eligible students from those described above to cover all private school students, including those from wealthy areas or not at risk of poor educational outcomes.

U.S. Secretary of Education Betsy DeVos

Under federal law, the proportion of funds districts set aside to pay for equitable services agreements is determined based on the number of eligible students living in the attendance zone of the public school district as a percent of total Title I eligible students. DeVos and her ED colleagues, however, have interpreted the CARES Act in such a way as to divorce it from the ESEA’s standard eligibility criteria for equitable services. The interpretation effectively requires public school districts to offer equitable services to all non-profit private school students living in the district. This includes private schools that have never participated in an equitable services agreement in the past. To illustrate the change, the ED guidance includes a simple proportional example in which 10% of the children in a school district’s attendance zone are enrolled in private schools, which would be eligible now to receive 10% of that school district’s ESSER and GEER funds.

The secretary’s privatization efforts are no surprise to the education community, which has witnessed numerous privatization and anti-public school proposals being pushed from the start of DeVos’s tenure, from partnering with Sen. Ted Cruz to promote his federal voucher legislation to her most recent call for microgrant vouchers using federal emergency funds. Unable to garner congressional approval for the Trump administration’s voucher ideas, DeVos appears to be circumventing the legislative process by exploiting perceived ambiguities in emergency legislation that was intended to help public schools address the coronavirus crisis.

An electronic board in the Texas House chamber showed legislators’ votes for a budget amendment prohibiting vouchers in 2017.

The decision on how to use federal emergency funds meant for public schools is now mostly up to governors, state education agencies, and local school districts. As we have been reporting here on Teach the Vote, ED’s parameters for implementation of the CARES Act give governors significant discretion over how their state will spend the stimulus money. There are fears that Gov. Greg Abbott will allow the state’s set-aside of federal emergency funds to be used for private school voucher or virtual voucher programs here in Texas. Such an executive action would fly in the face of numerous polls that have shown little appetite among Texas voters for private school vouchers, not to mention repeated decisions by Texas legislators to reject voucher bills.

We expect to hear soon, perhaps this week, more detail on how state officials intend to use Texas’s CARES Act funds. The Texas Tribune reported in an article published today that Texas will adhere to DeVos’s plan for making at least a portion of the stimulus money available for all private school students, according to the Texas Education Agency. Unlike the other states that have rejected DeVos’s guidance, it appears that Texas state officials are poised to direct school districts to adhere to the ED recommendation, or possibly even take state-level action to funnel CARES Act funds to private schools prior to sending the remaining money to public school districts.

Stay tuned to our blog and @TeachtheVote on Twitter for the latest as developments occur.


UPDATE as of May 21, 2020: The Texas Education Agency published new guidance on CARES Act funding for school districts on May 21, 2020. Confirming the state’s decision to abide by the direction from Secretary of Education Betsy DeVos to expand eligibility for equitable services, the agency explains in its FAQ document that school districts must use their stimulus funding to offer equitable services to all private nonprofit schools within the attendance zone. TEA adds that the district must provide the services, as chosen by the private school, to any of the private schools who opt to participate. Under this guidance, school districts would not be forced to send the stimulus money directly to the private school for its own discretionary use, but the districts would have to pay for services requested by the private school

Teach the Vote’s Week in Review: May 8, 2020

Happy Teacher Appreciation Week! Hardworking educators have been in the spotlight this week, but soon the attention will shift to graduating seniors. Who is ready for virtual graduation ceremonies from home and honking parades of whooping high school seniors down the street? We are excited for the good news this week that teachers and students can celebrate their accomplishments (safely). Here is more of this week’s education news from the ATPE lobby team:


CORONAVIRUS UPDATE: For a comprehensive look at the intersection of COVID-19 and education, from the first major event cancellation to the road ahead, ATPE’s lobbyists have compiled a new summary this week of the legislative and regulatory developments since the crisis began. Read the coronavirus recap in this May 8 blog post.

On Tuesday, Gov. Greg Abbott expanded the types of businesses that can reopen in his phased plan to reopen Texas. Today, salons, barbershops, and pools will join malls, movie theaters, retail stores, restaurants, museums, and libraries as those that can reopen their doors to limited numbers of customers. This development is a change from Abbott’s previous declaration that the state would wait two weeks before expanding which businesses can open. It is still expected that gyms, office buildings, and non-essential manufacturing facilities will open (with occupancy limitations) on May 18. Abbott also modified his previous order by allowing weddings with social distancing guidelines.

Commissioner Morath speaks at Gov. Abbott’s press conference, May 5, 2020.

Education Commissioner Mike Morath joined Abbott at his press conference Tuesday to talk about graduation ceremonies. Under Abbott’s orders, graduation ceremonies and grade promotion ceremonies must be approved by the Texas Education Agency (TEA) and adhere to certain stipulations. Outdoor ceremonies are allowed in rural counties between May 15 and May 31, and only with social distancing protocols in place. On or after June 1, outdoor ceremonies will be allowed in any Texas county. TEA has also suggested other options such as hybrid ceremonies (where students are video-recorded receiving their diplomas one-by-one and these videos are stitched together for a virtual ceremony), all-virtual ceremonies, and vehicle-based parades and drive-in ceremonies. Perhaps you’ve heard (literally) of some districts already honoring their seniors through “honk lines” or seen yard signs popping up to celebrate graduating seniors. TEA has provided guidance on graduation ceremonies here.

Also this week, TEA updated its main coronavirus resource page on nearly every topic and added new superintendent debriefs. Among many other things, TEA has provided updates to the protocol for employees who are accessing school buildings, the FAQ on optional end-of-year assessments (which will NOT be used for accountability), and the educator certification and preparation FAQ (including answers to questions about probationary certificates, rescheduling cancelled tests, and continuing professional education requirements for educators), plus new guidance on school calendars and start dates for this fall. (Read more on this topic below.)

Yesterday, Commissioner Morath sent a response to ATPE’s April 2 letter asking for a statewide suspension of educator appraisals for the 2019-20 school year due to challenges associated with COVID-19. In his reply, Morath declined to issue a statewide order and stated that, ”The decision to pursue waivers of appraisal requirements is strictly a local decision.” ATPE has yet to receive a response to our joint letter with 17 other organizations regarding a moratorium on costly charter school expansion during the pandemic.

For more resources related to the pandemic, visit ATPE’s frequently updated Coronavirus FAQ and Resources page, and follow the ATPE lobby team via @TeachtheVote on Twitter.


Last week, we reported that U.S. Secretary of Education Betsy DeVos has allocated $180 million of the funding approved by Congress through the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act for private school vouchers. In response, ATPE sent a letter in opposition of this development to every member of the Texas congressional delegation, including U.S. Senators John Cornyn (R) and Ted Cruz (R). In particular, ATPE asked for strong congressional oversight of this use of funds and for continued diligence regarding federal funding for vouchers in any future legislation passed by Congress.

At the state level, the Coalition for Public Schools, of which ATPE is a member, sent a letter this week to Texas Commissioner of Education Mike Morath to address recent suggestions made by Republican members of the Texas Senate Education Committee that the state should try to expand virtual school options in Texas, despite the data showing that virtual schools do not perform as well as their brick-and-mortar counterparts.


ELECTION UPDATE: With all the coronavirus news, it’s easy to forget that another election is slowly creeping up on us. On July 14, Texans in various parts of the state will be able to vote in primary runoff elections to choose which candidates will be on the general election ballot this November.

The runoff elections were originally scheduled for May 26, but were postponed by Gov. Abbott over concerns about the safety of voters during the COVID-19 pandemic. Because the election has been postponed, many of the deadlines leading up to it have also been shifted. For example, the deadline for registering to vote in time to participate in the runoff elections is now June 15, 2020. Check out this post by ATPE Lobbyist Mark Wiggins for a list of important deadlines as we get closer to voting time.


One of the biggest questions on educators’ minds right now is what the return to school in the fall will look like. The variety in plans being contemplated by school districts for the 2020-21 school year was the topic of a recent article from the Texas Tribune, which ATPE republished here on our our Teach the Vote blog this week. Also this week, the Texas Education Agency (TEA) provided updated guidance on start date and calendar changes to account for student learning loss and a potential resurgence in virus cases this fall.

In particular, the agency has suggested that districts can become Districts of Innovation (DOI) or add an amendment to their existing DOI plans to allow for an exemption from the law preventing schools from starting earlier than the fourth Monday in August. This exemption is already the most popular one among DOIs, as many districts prefer to start their school year earlier, insert more breaks throughout the year, and end the year later. TEA suggests that this format of an “intersessional” calendar could help to build in breaks that may be used for remediation of students who have fallen into a steep loss of learning on the “COVID slide.”

Other districts may choose to implement a year-round school calendar, which in many ways is easier than obtaining DOI approval. Under this route, districts need only obtain board approval for a new academic calendar and designation as a year-round system, and they must notify their Education Service Center PEIMS coordinator of their intent to operate through a year-round system.

TEA has also suggested using the flexibility in additional school days for elementary students as provided by House Bill (HB) 3 passed in 2019. HB 3 adds half-day formula funding for school systems that want to add up to 30 instructional days beyond the minimum of 180 days, but only for grades PK-5 and only after September 1, 2020.

Related: The COVID-19 pandemic has already dealt an enormous economic blow to our state, resulting in declining state revenue from oil and gas as well as sales taxes. This has many educators worrying about budget cuts next year. ATPE Senior Lobbyist Monty Exter discussed the financial uncertainty with KXAN this week in this news story about how school districts in Central Texas are preparing for the future.


When SXSW EDU was abruptly cancelled back in March 2020, many in the education community were disappointed to miss the week-long learning event in Austin, Texas. Since then, SXSW EDU has gone virtual. ATPE Lobbyist Andrea Chevalier attended this week’s virtual keynote address on growth mindset in education  The presentation, entitled “A Science of Human Motivation for the Next Decade,” is viewable here. Read Chevalier’s blog post about the session here.


ATPE member Morgan Castillo received an H-E-B Excellence in Education Teaching Leadership Award.

This week, ATPE member Morgan Castillo of Woodgate Intermediate School in Midway ISD received an H-E-B Excellence in Education Teaching Leadership Award. This award honors teachers with 10 to 20 years in the classroom. Castillo received a $10,000 award for herself and a $10,000 grant for her school. She was one of eight educator winners announced this week and chosen from a group of 40 finalists who received smaller cash awards earlier this year. Castillo and the other award recipients were recognized Tuesday during a virtual “Toast to Texas Teachers” organized by the #TeachersCan initiative as part of several Teacher Appreciation Week festivities.

ATPE has been featuring our “Work from Home Classroom Makeover Contest” during Teacher Appreciation Week. Visit ATPE’s Facebook page to view the entries and cast a vote for your favorite between now and May 13. Winners will be announced on May 15.

DeVos uses federal coronavirus aid to fund “microgrant” vouchers

As we previously reported here on ATPE’s Teach the Vote blog, U.S. Secretary of Education Betsy DeVos, a longtime champion of privatization, has been advocating for federal funding of “microgrants,” a relatively new term for a voucher that could be used for private schooling. When Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act in late March, which included an infusion of federal cash into an Education Stabilization Fund, it was at best questionable whether Secretary DeVos could use the federal relief funds provided by the act for her “microgrants” pet project. This week, however, it has become clearer that DeVos intends to use the coronavirus pandemic as an opportunity to circumvent congressional approval and plow forward with a publicly-funded voucher plan using CARES Act funds.

On the heels of last week’s release of the application for CARES Act funding, the U.S. Department of Education (ED) swiftly announced this week that an additional $180 million would be available to states under a new  “Rethink K-12 Education Models” or “REM” grant program. The department pointed to a provision in the CARES Act that allows it to use 1% of the $30.75 billion allotted to the Education Stabilization Fund for “grants to states with the highest coronavirus burden to support activities under the Act.” The department’s description of the grant program states that it is intended to “address specific educational needs of students, their parents, and teachers in public and non-public elementary and secondary schools.” The funding would flow directly to state education agencies, such as the Texas Education Agency (TEA) here in our state, without any requirement that the state agency send the funding on to local school districts. This raises the distinct possibility of CARES Act relief funds being allowed to flow from states to private schools or vendors.

U.S. Secretary of Education Betsy DeVos

Because this is a new program, DeVos has applied a waiver to the REM grants that allows the department to avoid the need for a national public comment period on the grant proposal. The REM grant application package explains that state education agencies must use the grant money for implementation of “microgrant” voucher programs, statewide virtual learning, or other models of remote learning. Each state must also have the written approval of its governor, but it appears that no public comment will be gathered at the state level either.

Congress clearly intended CARES Act funding to be funneled to states that have faced the greatest challenges as a result of the pandemic. However, ED has announced that in awarding funds under this new competitive grant program, only 40% of an applying state’s score will be based upon its “coronavirus burden,” which takes into consideration factors such as the number of COVID-19 cases per capita. In a table provided by ED to quantify the coronavirus burden for each state, Texas ranks in the 41st to 60th percentile, behind 22 other states that could apply for the $180 million in REM grants.

Some members of Congress, particularly on the Democratic side of the aisle, have been quick to criticize DeVos for using the coronavirus relief act to fund, without direct congressional approval, other priorities of the secretary and the Trump administration, such as vouchers. Through our federal lobby team in Washington, D.C., ATPE has reached out to our congressional allies to express our concern and opposition to this coronavirus relief program being used for funding either traditional voucher programs or virtual voucher programs. We will be closely monitoring Texas’ actions with regard to seeking this money either as a way to fund a statewide voucher program or statewide virtual schools, which have had a dubious track record on fostering student academic achievement. Stay tuned to Teach the Vote for updates as developments unfold.

Are “microgrants” a new name for Devos’ same old voucher proposal?

U.S. Secretary of Education Betsy DeVos speaking at a White House briefing, March 27, 2020

U.S. Secretary of Education Betsy DeVos is asking Congress to fund “microgrants” to provide money for online learning during the coronavirus outbreak. Appearing with President Donald Trump on March 27, 2020, during a White House briefing by the national coronavirus task force, DeVos said, “I’ve always believed education funding should be tied to students, not systems, and that necessity has never been more evident.” Microgrants, as envisioned by Devos, would provide funding directly to students in a manner akin to numerous voucher proposals in the past.

Here on our Teach the Vote blog, ATPE has written about efforts by U.S. Sen. Ted Cruz (R-Texas), with high-profile support from DeVos, to pass legislation that would fund a federal voucher program. Thus far, the federal voucher proposal has gained little traction in Congress. But the recent changes to learning environments compelled by the COVID-19 crisis appear to have given Secretary DeVos a new angle to pursue funding streams for private individuals and families as an alternative to providing federal dollars directly to public schools. As reported by Education Week, DeVos announced her desires for the microgrant program last week using the same talking points she has used to argue in favor of a tax credit scholarship voucher program. The microgrant program would purportedly focus on students eligible for the Supplemental Nutrition Assistance Program (SNAP) and those with an individualized education program (IEP). According to a Department of Education spokesperson cited by the article:

“The grants could be used to fund materials needed for home-based learning, like computers or software, internet access, or instructional materials. They could also support educational services like therapies for students with disabilities, tuition and fees for a public or private online learning course or program, and educational services provided by a private or public school, or tutoring, spokesperson Angela Morabito said in an email.”

The federal government is asking schools to continue to educate students while they are at home as a result of school closures or stay-at-home orders related to COVID-19. The Texas Education Agency (TEA) has made relief funding for school districts contingent upon their promise to continue instruction and provide distance learning.

Many voucher programs have attempted to provide funding for online learning as an alternative to  classroom settings with the intent of diverting students and funding away from the traditional public education system. The $5 billion voucher program DeVos has been promoting in Congress since long before the coronavirus outbreak overlaps with parts of her new microgrant proposal. According to Chalkbeat:

“The idea — especially the grants for students that could pay tuition — is a glimpse at how DeVos will use the upheaval to advance her ideas about education. A proponent of private-school vouchers and school choice, DeVos has long downplayed the role of the federal government and scoffed at those who see school buildings or school districts as education’s key organizing principle.”

So far, the Democratically controlled U.S. House of Representatives has served as a firewall against DeVos’s and the Trump administration’s voucher proposals. The microgrant program would need funding with the approval of Congress to move forward. With assistance from our Washington-based lobby team, ATPE has been and will continue to be communicating with the Texas congressional delegation about the need to maximize funding for public schools during this crisis without diluting those funds through an opportunistic voucher program with a catchy new name.

As a founding member of the Coalition for Public Schools, ATPE has long opposed vouchers and the privatization of public education. Due to the current crisis, many Americans across the nation are experiencing a renewed understanding of, and appreciation for, the importance of public schools and public school educators. Now is the time to bolster the nation’s system of public schools and the teachers who work in them, rather than finding ways to divert funding and dismantle our community schools.


4/30/20 UPDATE:
During her White House press conference appearance on March 27, Secretary of Education Betsy DeVos stated, “We will propose Congress provide microgrants to help students continue to learn.” This statement  was interpreted as an indication that DeVos believed funding for the microgrant program was not yet approved by Congress and available under existing law. Despite initially signaling that she would seek congressional action to provide for future funding of microgrants, Secretary DeVos has since announced that she intends to use existing funding provided by the CARES Act, which had already been passed at the time of the statement above, to fund at least a limited version of the microgrant voucher program. Whether or not the secretary actually has the authority to use CARES Act funding for this purpose is a developing story. Stay tuned to our Teach the Vote blog for updates.

President releases education budget proposal for 2021

On February 10, 2020, President Donald Trump released his budget proposal, which is a statement of  his administration’s spending priorities across all sectors of government. Because the president’s budget is merely a proposal, any of these funding amounts would still need to be approved by Congress in order to be enacted. Historically, Congress has largely ignored President Trump’s funding proposals for education.

The education portion of the president’s 2021 budget recommendation is focused on “education freedom.” While cutting funding for the U.S. Department of Education by $5.6 billion, the proposal requests funds to provide up to $5 billion annually in “Education Freedom Scholarships.”  Using these funds, states would be free to design their own scholarship programs, which could be used to send public dollars to private schools. This requested increase in voucher funding reflects the president’s statements during his State of the Union address last week, which my fellow ATPE Lobbyist Mark Wiggins reported on here and here for Teach the Vote.

Trump’s proposal also consolidates 29 federal education programs into one block grant totaled at $19.4 billion, which is $4.7 billion less than Congress approved for these programs in 2020. A list of the programs can be found here (see p. 9), which includes 21st Century Learning Centers, charter schools, school safety national activities, and the $16 billion Title I Grants. This change purportedly would cut the role of the Department of Education significantly by reducing staffing and administrative costs. Though this is labeled a “block grant,” funds would still be allocated using the Title I formulas. The proposal indicates that states and school districts could use the funds on any of the consolidated programs and would still have to follow key accountability and reporting requirements.

Consistent with the president’s affinity for career and technical education (CTE), the proposal also includes $2 billion for CTE state grants and $90 million for CTE national programs. Part of this $763 million increase would be funded by a proposal to double the fee for H1-B visas.

The president’s 2021 budget recommendation includes an increase of $100 million in funding for Individuals with Disabilities Education Act (IDEA) Part B grant funding, for a total of $12.8 billion. This increase is relatively small considering the overall funding needs for students with disabilities. (Texas appropriated over $2 billion for this purpose during the 86th legislative session.)

As was the case in previous presidential budget requests from the Trump administration, the proposal eliminates the Public Service Loan Forgiveness program, citing that it “unfairly favors some career choices over others.”

Review past reporting on President Trump’s budget requests for the 2018, 2019, and 2020 fiscal years here on ATPE’s Teach the Vote blog.

Teach the Vote’s Week in Review: Feb. 7, 2020

Check out what happened this week in education news from Texas and the nation’s capital, courtesy of the ATPE Governmental Relations team:


ELECTION UPDATE: Voting in the Texas primary elections will begin in less than two weeks. Early voting starts February 18, 2020, which is also Educator Voting Day, and ends February 28. Our state’s primary elections on “Super Tuesday” will be March 3, 2020.

This week on our blog, ATPE Senior Lobbyist Monty Exter shared information about education-related recommendations in the ballot propositions being put to voters by the Texas Republican and Democratic Parties in this primary election. The ballot propositions help each political party fine-tune its platform based on views expressed by voters in the primary election on various issues. ATPE Lobbyist Mark Wiggins looked at some of the latest campaign fundraising news, takeaways from the Iowa caucuses earlier this week, and more in his election roundup blog post from yesterday.

With the primary elections inching closer, ATPE is focusing on helping educators find resources that will help them learn more about the candidates vying for their votes. Read up on the people running for the Texas Legislature or State Board of Education in 2020 by viewing their candidate profiles here on Teach the Vote. The profiles include candidates’ responses to the ATPE Candidate Survey, legislators’ voting records, campaign contact information, and additional information. ATPE does not endorse candidates and invites all candidates to participate in our survey project and share information for their profiles that appear on Teach the Vote. Watch this new instructional video to learn the different ways you can search for candidate information using Teach the Vote.

For additional resources to help you prepare for early voting, visit TexasEducatorsVote.com, or attend one of the “For the Future” education-themed candidate forums being hosted by the Raise Your Hand Texas Foundation. Click here for details on the events.


FEDERAL UPDATE: President Donald Trump delivered his State of the Union (SOTU) address on Tuesday, the third of his presidency. In the speech, as ATPE Lobbyist Mark Wiggins reports for Teach the Vote, the president expressed his opposition to public schools and called on Congress to pass a school voucher bill proposed by U.S. Sen. Ted Cruz (R-Texas). The bill in question, S. 634, proposes to divert taxpayer dollars that may otherwise go to public education away from local schools and use those tax dollars to subsidize private and for-profit programs. The president cast public schools disparagingly as “failing government schools.” It’s worth noting the Texas Constitution guarantees a right to a free public education as being key to a healthy democratic society, and our state has a long history of independent school districts run by the communities they serve. ATPE’s Wiggins spoke to the Houston Chronicle and previewed the president’s remarks on Tuesday in this blog post.


Last year’s House Bill (HB) 3 included a Teacher Incentive Allotment (TIA) intended to provide additional funding to school districts that create an incentive pay system for teachers. ATPE Lobbyist Mark Wiggins reports that districts interested in creating a TIA program were asked to submit letters of intent to the Texas Education Agency (TEA) by January 24 of this year. Anecdotal reports indicate that more than 700 of the state’s over 1,000 school districts have responded to date. TEA is implementing this initiative with a series of presentations to stakeholders around the state, and the agency is expected to publish rules in March 2020.

ATPE successfully lobbied the 86th Legislature to ensure that districts would not be required to use the STAAR test to measure teacher performance as part of a TIA program, but questions remain over the degree to which these programs may rely on student test scores. We will be paying close attention during the rulemaking process to see how these programs are allowed to be structured in order to qualify for the additional state funding. You can read more about TIA programs from TEA here.


Members of the ATPE Governmental Relations team gave a presentation on advocacy at this week’s Texas Computer Education Association (TCEA) Convention and Exposition in Austin. Governmental Relations Director Jennifer Mitchell, Senior Lobbyist Monty Exter, Lobbyist Mark Wiggins, and Lobbyist Andrea Chevalier spoke to attendees about the implementation of major bills passed in 2019, what’s at stake in the 2020 elections, and ways educators can get involved in advocacy efforts.

ATPE lobbyists Wiggins, Mitchell, Exter, and Chevalier at the TCEA Convention, Feb. 4, 2020