Tag Archives: privatization

Teach the Vote’s Week in Review: Sept. 11, 2020

Here is a look at this week’s education news from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: The Texas Education Agency (TEA) adapted its guidance on equitable services this week to reflect a recent U.S. District Court ruling vacating the U.S. Department of Education’s interim final rule that directs public school districts to spend an unprecedented amount of taxpayer dollars on private school students. The court ruling issued last Friday makes the department’s rule unenforceable nationwide, but Secretary Betsy DeVos still has time to appeal the decision.

TEA also updated several other sections of its COVID-19 Support and Guidance page, including new intern and emergency certification waiver information that continues the suspensions on face-to-face requirements for candidates completing their internships, clinical experiences, field-based experiences, and practicums. Also, be sure to check out the new Project Restore training on resilience that was posted this week.

ATPE State Treasurer Jayne Serna and ATPE Lobbyist Andrea Chevalier participated in an educators’ town hall on COVID-19 and teaching this week. The Wednesday night event was hosted by U.S. Congressional District 10 candidate and former teacher Mike Seigel. Serna was the opening speaker for the event, sharing the difficulties educators are facing this school year and highlighting the importance of voting to elect pro-public education candidates. Chevalier provided an overview of COVID-19-related federal funding issues facing educators and students, federal waivers, and the need for congressional oversight of the U.S. Department of Education and Secretary Betsy DeVos.

Also this week, ATPE Senior Lobbyist Monty Exter spoke with The Texas TribuneThe Dallas Morning News, and KBMT’s 12 News Now about the current state of teaching, learning gaps, and how spending cuts prompted by COVID-19 could impact students.

As a reminder, ATPE offers educators a gamut of resources:

  • Find answers from our legal team to frequently asked questions on our COVID-19 FAQs and Resources page.
  • Earn CPE by watching informative webcasts on topics such as educator rights, leave options, disability accommodations, and school safety through ATPE’s professional learning portal.
  • Explore an interactive pandemic timeline.
  • Take our survey on parent-teacher collaboration.
  • ATPE members only: Use Advocacy Central to communicate with elected officials about your concerns.

ELECTION UPDATE: Don’t let the November 3 general election creep up on you. Election Day is less than eight weeks away and early voting starts in one month. This means other deadlines for registering to vote or requesting a ballot-by-mail are even sooner! Remember that if you have moved recently or changed your name, you need to update your voter registration. Here are important dates to add to your calendar:

  • September 19: If your vote-by-mail application is received by this day, you are guaranteed to receive your ballot at least 30 days before Election Day.
  • September 22: National Voter Registration Day
  • October 5: Deadline to register to vote
  • October 13: First day of early voting
  • October 19: Educator Voting Day
  • October 23: Last day that a vote-by-mail application can be received (not postmarked)
  • October 30: Last day of early voting
  • November 3: Election Day! Mail-in ballots also must be received by this date.

If you happen to live in Texas Senate District 30 and are a registered voter, you’ll be eligible to vote early starting Monday, Sept. 14, for the special election to replace Sen. Pat Fallon (R-Prosper). Read more about the race in this previous blog post, and check out profiles of the SD 30 candidates here on Teach the Vote.


FEDERAL UPDATE: In addition to the above-mentioned court ruling against Secretary Betsy DeVos’s effort to send more public money to private schools, there was activity on Capitol Hill this week. U.S. Senate Republicans tried unsuccessfully to advance a new coronavirus aid package that included a $10 billion private school voucher provision. ATPE released a press statement opposing the voucher language in the Senate bill, which failed during a preliminary vote held in the Senate yesterday. Read more about the legislation and ATPE’s press statement in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.


The State Board of Education (SBOE) met this week to take up hefty agenda items including the revision of science, physical education, and health curriculum standards (TEKS). The revisions garnered hours of testimony from the public, as did the discussion of eight new charter applications before the board.

ATPE and other organizations urged the board to reject the new charters due to the increased costs the state would incur by granting the applications. SBOE Member Ruben Cortez asked Texas Education Commissioner Mike Morath, “Is now the time to be playing Shark Tank?” Read this week’s blog posts from ATPE Lobbyist Mark Wiggins to learn more about Morath’s defense of the charter applicants, the board’s Thursday split decisions to preliminarily approve just six of the proposed charters, and the ultimate veto of three charter operators during Friday’s full board meeting.


Per usual, the annual Texas Tribune Festival has an impressive education strand of events. This week, Texas Tribune education reporter Aliyya Swaby moderated a panel of Texas public school teachers, superintendents, and Texas Education Commissioner Mike Morath. The teachers expressed how the pandemic impacted their interactions with students, the superintendents talked about budget and enrollment concerns, and Morath stuck to his usual admiration of data and the need to continue standardized testing. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


The Texas Senate Democratic Caucus incorporated ATPE recommendations regarding COVID-19 and schools into a letter it sent to TEA Commissioner Mike Morath earlier this week. The letter was influenced by a task force of education stakeholders including ATPE. Among other requests, the senators’ letter urges Morath to seek a waiver of federal testing and accountability requirements for 2020-21. Read more in this blog post by ATPE Lobbyist Mark Wiggins.


Did you know that high schools are legally required to offer students who will be age 18 by election day the opportunity to register to vote? In Texas, students may register to vote at 17 years 10 months. Students can print, fill out, and mail in an application obtained from VoteTexas.gov or fill out a voter registration application online and have it mailed to them.

The National Association of Secondary School Principals has partnered with dosomething.org to create the “Democracy Powered by (You)th” voter registration competition. By doing things like racking up voter registrations, students can win scholarships, school grants, and trophies. Pace High School in Brownsville, TX is currently in third place!



Today we remember the tragic events of September 11, 2001. On that day, some of our members were in the classroom as teachers, while others were still just students themselves. On this Patriot Day, we honor the lives lost that day and the heroic efforts by first responders, service members, and citizens who risked their lives that day and in the aftermath of the tragedy. We will never forget.

ATPE urges Congress to keep private school vouchers out of COVID-19 relief legislation

On Sept. 8, Republican leaders in the U.S. Senate shared their latest proposal for COVID-19 relief legislation, termed the “Delivering Immediate Relief to America’s Families, Schools and Small Businesses Act.” The Republican-led Senate and Democratic-led House have been deadlocked since May on negotiations for additional relief from the pandemic. Senate Majority Leader Mitch McConnell (R-Kentucky) shared details of the new GOP proposal Tuesday and announced his intent for the Senate to pass the bill by the end of this week. However, amid criticism that the bill does not go far enough to help those affected by the pandemic, the legislation was considered highly unlikely to move forward, and a preliminary vote taken today in the Senate fell eight votes short of the 60 needed to proceed.

The latest Senate bill would shield businesses against lawsuits related to COVID-19 and spend $500 billion on initiatives that would include debt forgiveness for the postal service, additional paycheck protection loans for small businesses, partial continuation of enhanced unemployment benefits, and funding for coronavirus vaccine development and testing. Schools would be eligible for additional funds under the bill, too, but the Senate proposal reserves two-thirds of the K-12 money for schools operating in person. Unlike the most recent U.S. House proposal, states would see no additional direct funding that could be used to offset anticipated budget cuts in public education and other areas.

To the dismay of the education community, the Senate GOP bill also calls for funneling $5 billion in tax dollars toward private school voucher programs favored by the Trump administration and Secretary of Education Betsy DeVos. The proposal would offer federal tax credits to bolster state voucher programs and fund private school tuition “scholarships.” Additionally, the bill would expand access to 529 savings accounts, typically reserved for college costs, to pay for private and home schooling. The voucher language in the McConnell bill mirrors similar legislation filed by U.S. Sens. Ted Cruz (R-Texas), Lamar Alexander (R-Tennessee), and Tim Scott (R-South Carolina) to subsidize private school tuition and homeschooling costs with tax credits and other federally funded incentives.

Responding to Tuesday’s announcement, ATPE issued a statement criticizing the inclusion of the controversial private school voucher funding in a bill that purports to provide COVID-19 relief. ““Congress should be focusing on helping our nation’s public schools that are dealing with unprecedented challenges,” said ATPE State President Jimmy Lee. “We cannot afford to divert our limited resources from public schools to private entities  during a global crisis,” Lee added. View ATPE’s full press statement here.

“School choice” in the spotlight as presidential election approaches

The 2020 general election is rapidly approaching, with early voting slated to begin in Texas just over six weeks from now on October 13. Now that the presidential slate of candidates has been finalized, the focus is shifting to the candidates’ views on particular issues, including some related to education. One education-related issue, in particular, is being mentioned frequently.

President Donald Trump said Sunday, Aug. 23, he will make “school choice” a top priority if he is reelected for four more years in the White House. The Trump campaign followed up the next day with a 49-point bullet list that broadly outlines things the president hopes to do if reelected. The education section states, “Provide school choice to every child in America.” During the Republican National Convention taking place this week, First Lady Melania Trump also used her Tuesday night speech to highlight the president’s commitment to “fight for school choice to give parents the option to have their school flourish.”

While “choice” is an enticing word, and there are choices of varying educational settings that exist within the public school system, the phrase “school choice” has been used by private school proponents to market the defunding and privatization of public schools. Whether described as “school choice” or with more specific verbiage, the goal has been diverting public taxpayer dollars to private and for-profit entities through vouchers, tax credits, school choice “scholarships,” education savings accounts, and other initiatives. All of these proposals are designed to deny public schools the funding they desperately need to provide quality instruction to all students and transfer it instead to subsidize private entities that are not subject to state accountability standards, taxpayers, or voters. For many years, ATPE members have included a position in our Legislative Program expressing our association’s opposition to private school vouchers or “choice” initiatives. Currently, the ATPE Legislative Program most recently approved by our House of Delegates in July states, “ATPE opposes any program or initiative, tuition tax credit or voucher system that would direct public funds to private, home or for-profit virtual schools.”

This is not the first time President Trump has expressed support for privatization. “We’re fighting for school choice, which really is the civil rights of all time in this country,” the president said in a June 2020 speech about police reform and national protests over the killing of unarmed African-Americans. That same month, Trump accused schools of “extreme indoctrination” of children.

President Trump is also not the first to attempt to market private school vouchers by invoking the Civil Rights movement, despite the fact that vouchers originated as an attempt to avoid desegregation in the wake of Brown v. Board of Education. Lt. Gov. Dan Patrick (R-Texas) made the same civil rights argument for school choice in the 2017 legislative session and blocked attempts at providing needed resources for public schools by tying their funding to a school voucher bill. It was the push for privatization and the failure to address school funding in 2017 that led educators to dominate the 2018 midterm elections, which temporarily halted the push for vouchers in Texas and paved the way for the 2019 school finance legislation, House Bill 3.

While the president may be showing a renewed emphasis on privatization, it is not a new issue for his administration. Trump appointed wealthy GOP megadonor and privatization activist Betsy DeVos as U.S. Secretary of Education during his first year in office. DeVos faced criticism for her promotion of privatization in Michigan that resulted in a dysfunctional school system and the proliferation of low-quality charter schools. She has used her federal cabinet post to continue to push privatization, including using COVID-19 relief funds as an opportunity to promote private school voucher programs and to force public schools to spend an unprecedented amount of money on private school services.

As reported in in the Austin American-Statesman last month, Democratic presidential challenger Joe Biden’s campaign has described his position on “school choice” as follows:

“Joe Biden opposes the Trump/DeVos conception of ‘school choice,’ which is private school vouchers that would destroy our public schools. He’s also against for-profit and low-performing charter schools, and believes in holding all charter schools accountable. He does not oppose districts letting parents choose to send their children to public magnet schools, high-performing public charters or traditional public schools.”

While ATPE does not endorse candidates, we encourage voters to learn more about their candidates’ views on public school funding and private school vouchers or “choice” programs. Amid the COVID-19 pandemic and with the 2021 legislative session on the horizon, there have already been calls for expanding privatization initiatives right here in Texas. On Teach the Vote, we profile all candidates for the Texas Legislature and invite them to participate in ATPE’s candidate survey, which includes the following question:

“Would you vote to create any type of voucher, tax credit, scholarship, education savings account, or other program aimed at paying for students, including any subpopulation of students, to attend non-public K-12 schools, such as private or home schools?”

We also track incumbent legislators’ voting records, which have included votes on privatization bills in many prior legislative sessions. Use the search tool here on Teach the Vote to research your candidates’ views on private school vouchers and other education issues ahead of the November 3 election.

ATPE meets virtually with Texas Congressional delegation

Submitted by ATPE Contract Lobbyist David Pore of Hance Scarborough, LLP

Tonja Gray

Jimmy Lee

Newly inaugurated ATPE State President Jimmy Lee and immediate Past President Tonja Gray spent time in July joining me and the ATPE Governmental Relations team for a series of online roundtable policy discussions with key members of the Texas Congressional Delegation and their staffs.  Although perhaps not as effective (nor as much fun) as the annual state officer trip to Washington, DC, we made progress in our federal advocacy efforts and built on existing relationships with the delegation. Our goal was to provide input to the members who sit on the key committees of jurisdiction on the policy issues important to Texas educators, parents, and students. We focused our discussions on safely returning to school, federal COVID-19 relief funding for education, and the GPO/WEP Social Security offsets that continue to reduce the benefits of retired educators and other public servants.

Rep. Joaquin Castro (D-TX 20) sits on the House Education and Labor Committee that has oversight over the U.S. Department of Education (ED) and how they spend the money appropriated for K-12 and higher education by the Congress. The congressman and his Education Legislative Assistant Kaitlyn Montan joined us for a great discussion of the challenges facing Texas educators, administrators, parents, and students as we work to return to the classroom safely. ATPE leaders stressed the importance of local, district-level decision making and the need for flexibility for school districts to be able to return virtually, in-person, or with a hybrid model where appropriate. The congressman agreed that federal money should not be used to incentivize one return model over another and that ED should not divert limited federal taxpayer money appropriated for COVID-19 relief for public schools to private schools or for the virtual voucher pet projects of U.S. Secretary of Education Betsy DeVos. Rep. Castro committed to using his role on the committee to conduct robust oversight and make sure the department follows the law as Congress intended.

Rep. Van Taylor (R-TX 3) also sits on the House Education and Labor Committee and represents a North Texas district with over 4,000 ATPE members. The congressman’s Legislative Director Jett Thompson met with us, and while less enthusiastic about the need for strong oversight of ED, he did agree that Secretary DeVos should stick to congressional intent when implementing the COVID-19 relief bills, including in how taxpayer money is distributed to private schools.

Rep. Lloyd Doggett (D-TX 35) sits on the House Ways and Means Committee and has been a long time cosponsor and champion for legislation completely repealing the WEP and the GPO. The repeal bills have never made it out of committee due to their enormous costs to the Social Security trust fund and the inequities that would be created for private sector beneficiaries. Rep. Doggett’s Legislative Assistant Sarah Jones met with us and informed us that the congressman does not support the more limited bill repealing the WEP that has been authored by Ranking Member Kevin Brady (R-TX) or the version introduced by committee Chairman Richard Neal (D-MA). Surprisingly, Jones stated that Rep. Doggett did not support the Neal bill because it “is not paid for,” despite his long-time support for the full repeal bill that costs the Social Security trust fund much more than either the Brady or Neal WEP repeal bills. Although she did express support from the congressman on our position regarding how ED is spending COVID-19 relief funds, we let Jones know that Congressman Doggett’s opposition to the WEP repeal bills was inconsistent with his previous positions on the issue and extremely disappointing to Texas public educators, both active and retired.

ATPE state officers and lobbyists met with Rep. Jodey Arrington via Zoom, July 28, 2020, to discuss COVID-19 considerations and Social Security reform.

Rep. Jodey Arrington (R-TX 19) also sits on the House Ways and Means Committee and has emerged as a champion for legislation to repeal the WEP and replace it with a proportional formula. We discussed with him the partisan breakdown of previously bipartisan legislation authored by committee Chairman Neal and Ranking Member Brady that has now devolved into two separate bills bogged down and unlikely to move before the election in November. Tonja Gray relayed on-the-ground concerns about the return to school from Abilene ISD, which lies in Arrington’s congressional district, while Jimmy Lee spoke from his unique perspective as a retired career educator, statewide leader, and the husband of a superintendent. While we agreed to disagree with the congressman on his position that it is appropriate to use federal relief money to incentivize in-person teaching this fall, regardless of the health and safety concerns of the district, we expressed our sincere appreciation for his open line of communication with ATPE and his strong support in the Ways and Means Committee for addressing the WEP. Arrington also praised ATPE for its professional approach to working with officeholders, expressing his belief that the national union groups “are not winning anyone over” in Washington.

Unfortunately, our senior U.S. Senator John Cornyn (R-TX) was unavailable to meet with ATPE’s statewide leadership and the governmental relations team. Although his Legislative Assistant Clair Sanderson met with us, she was unable to commit the senator to a position on how ED is implementing the CARES Act and spending federal taxpayer money appropriated for COVID-19 relief for education. We also discussed the Senate companion to the Brady WEP bill that Senator Ted Cruz has introduced, which to date, Senator Cornyn has not cosponsored.

It is important for our elected officials at every level to hear directly from professional educators about the issues you face, such as returning to school safely, how our tax dollars are spent on education, and how federal Social Security laws affect your retirement. I am grateful to Tonja and Jimmy for taking the time to participate in these roundtable discussions. They both are outstanding ambassadors for ATPE and for public education as a whole. Thank you, Tonja and Jimmy!

Another round of federal stimulus inching closer to reality

Another round of federal relief money is one step closer to becoming a reality, as Republicans in the U.S. Senate on Monday presented their proposal two months after Democrats passed theirs out of the U.S. House of Representatives. With substantial differences between these latest two COVID-19 relief proposals, however, there is much work to be done to negotiate a plan that can pass out of both chambers.

The $1 trillion Republican proposal, dubbed the Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act, includes $105 billion for education, $70 billion of which would go to K-12 schools specifically. However, two-thirds of that funding, roughly $47 billion, would only flow to schools that reopen for in-person instruction and would not be available to schools that only offer virtual instruction in response to high levels of local COVID-19 infections. Schools that delay in-person instruction for safety reasons could receive some of the remaining one-third of the funding that would be split among all schools, regardless of whether they open in-person or through distance methods. Similar to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed by President Trump on March 27, the new proposal also includes $5 billion for state governors to spend on K-12 and higher education.

Even though states would receive funds under the Republican HEALS Act proposal based proportionately on their previous school year’s Title I funding, states would have to reserve a proportional portion of the federal funding for private schools. Private schools receiving federal funds would not be subject to the same requirements under the GOP proposal as public schools. The new proposal does not include a requirement to provide “equitable services” to private schools under the new funding as was included in the CARES Act.

The Republican proposal also includes immunity from liability intended to shield school districts and businesses that reopen amid the pandemic from lawsuits by employees or customers who are exposed to the virus or become infected as a result.

Another major headline of the Senate plan includes lower monthly unemployment payments. Payments would decrease from the current $600 per week down to $200, which could be combined with state unemployment benefits for up to 70% of a person’s wages before losing their job due to the pandemic. Those unemployment payments, created by the CARES Act in March, are scheduled to expire this weekend unless extended by Congress. The GOP plan would extend the moratorium on evictions, a provision from the first CARES Act that has already lapsed, and would provide another round of stimulus checks using the same criteria as under the CARES Act. Each individual earning up to $75,000 per year would receive $1,200, and decreasing amounts would be paid to those earning up to $99,000.

The Republican plan is part of a larger package of legislation that includes a stand-alone voucher bill filed by Sen. Tim Scott (R-SC) and cosponsored by Sen. Lamar Alexander (R-TN) that would create a permanent program providing up to $5 billion in tax credits for contributions to scholarship-granting organizations (SGO) that transfer public school dollars to private institutions. This is a perennial proposal advocated by U.S. Secretary of Education Betsy DeVos in her quest to privatize education. The new voucher bill would also direct emergency education funding meant for public schools to SGOs for private use. Expansion of these voucher programs remains a top priority of the Trump administration and Secretary DeVos, as they continue using the pandemic to promote these proposals despite repeated failures to pass them through the Congress.

The House, under Democratic leadership, passed the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act back in May. The House bill would provide $90 billion directly to education, including $58 billion for all K-12 schools. Unlike the Senate plan, the House bill provides a separate $950 billion in emergency funding to state and local governments aimed at preventing budget shortfalls that could lead to layoffs of teachers and other public employees.

The HEROES Act would also provide another round of stimulus checks to individuals, and would additionally raise the payout for each dependent to $1,200 up from $500 under the CARES Act. The bill would extend the full $600 weekly unemployment payments into next year, extend the suspension of student loan payments, provide up to $10,000 in student debt relief, and prohibit Secretary DeVos from imposing restrictions on populations of students who receive emergency financial relief under the CARES Act.

Each of these proposals represents the opening bid in negotiations between the two chambers and the Trump administration. Senate Majority Leader Mitch McConnell (R-KY) has expressed a desire to vote on the Senate bill before members leave for recess August 7. The Senate bill was originally expected to be unveiled last week, but was reportedly delayed amid ongoing negotiations with the White House, which supports the Senate’s proposal. House Democrats passed their bill in May, but Senate Republicans ignored it and declined to take action on another relief package until recently.

Federal relief for schools would come at a critical time as the 2020-21 school year begins. Regardless of whether instruction is being delivered virtually or in person, school buildings across Texas will once again fill with teachers and staff, necessitating costly safety protocols. Virtual instruction poses added technology costs to districts, which are already looking at potential budget shortfalls due to declining tax revenues caused by the pandemic-induced recession.

Texas is estimated to face a $4.6 billion budget shortfall by the end of 2020, and the 2021 legislative session is already expected to feature drastic cuts in state spending. Federal relief dollars would go a long way in reducing the pressure to cut education spending here in Texas. House Democrats, Senate Republicans, and the president all will have to approve any additional relief package from Congress.

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