Tag Archives: privatization

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

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


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

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


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

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


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


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


 

86th Legislative Session Highlights from ATPE

As the 86th Texas Legislature began its regular session in January 2019, it was dubbed the “session of the teacher” and was marked by abounding promises to fix school finance and provide pay raises to the most important in-school factor contributing to student success: our teachers. Indeed, this session’s legislation included several pro-public education proposals such as a multi-billion dollar school finance and property tax reform bill, efforts to provide an across-the-board teacher pay raise, school safety enhancements, and measures to shore up the Teacher Retirement System (TRS), while mostly avoiding troublesome and divisive topics such as payroll deduction and tactics to privatize education.

However, bills rarely reach the finish line in the same form as they started, while most others don’t make it at all. In fact, there were more than 10,000 bills and resolutions filed this session, but only 1,429 House and Senate bills were finally passed. As a reminder, bills that do finally pass the legislature are still subject to review by the governor. Gov. Greg Abbott vetoed three bills that were on ATPE’s tracking list. The governor vetoed House Bill (HB) 109 by Rep. Armando Martinez (D-Weslaco), which would have required charter schools to give students Memorial Day off as school districts are currently required to do, yet the bill exempted districts of innovation (DOI). Gov. Abbott explained in his veto statement that the bill would have exempted up to 859 school districts, and suggested the legislature draft more targeted legislation in the future. The governor vetoed HB 455 by Rep. Alma Allen (D-Houston), which would have required the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. Despite praising the bill’s good intentions, the governor called HB 455 “bureaucracy for bureaucracy’s sake.” Gov. Abbott also vetoed HB 3511 by Rep. Gary VanDeaver (R-New Boston), which would have created a “Commission on Texas Workforce of the Future.” The governor called the bill redundant and duplicative of work being done by the Tri-Agency Workforce Initiative, which involves the Texas Workforce Commission, TEA, and the Texas Higher Education Coordinating Board (THECB). 

To learn how education issues fared during the 2019 session that ended on Memorial Day, ATPE offers this comprehensive summary prepared by our lobbyists: Jennifer Mitchell, Monty Exter, Mark Wiggins, and Andrea Chevalier. You’ll also find within this post an update on the actions taken by the 86th Texas Legislature on ATPE’s legislative priorities for 2019.

Here’s a list of the topics covered in this post:


School Finance:

ATPE’s top legislative priority this year was improving Texas’s school finance system, and more specifically, supporting legislation to dramatically improve that system in order to provide every child access to an exemplary public education.

Gov. Greg Abbott (R) declared school finance reform to be one of his top priorities and an emergency item for early consideration by the 86th Legislature. Newly elected House Speaker Rep. Dennis Bonnen (R-Angleton) did his part to keep school funding on the minds of state representatives by providing them with cups reading, “School Finance Reform – The Time is Now.” While a handful of school finance bills were filed this session, House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) quickly became the session’s signature piece of legislation. HB 3 was a culmination of selected recommendations from last year’s Commission on Public School Finance that was created by the 85th legislature, as well as other input from education stakeholders such as ATPE.

ATPE supported the version of HB 3 that was approved by a vote of 148-1 in the House chamber. The House-approved bill called for providing billions of dollars to public schools; included important programmatic changes such as full-day pre-K and dyslexia and dual language funding; and it increased the basic allotment. Importantly, the bill as it left the House did not include merit pay provisions ranking teachers competitively or basing their compensation on their students’ performance; nor did the bill tie district funding to the results of student assessments like the STAAR. The Senate sponsor of HB 3, Sen. Larry Taylor (R-Friendswood), pushed forward a revised version of the bill in the upper chamber, which was approved by the Senate on a vote of 26-3 with two senators “present not voting.” As an updated version of the bill progressed through the Senate and ultimately reached a conference committee, ATPE continued to work to keep merit pay and other negative provisions out of the final bill.

State leaders announced on May 23, 2019, that a deal on HB 3 and other key legislation had been reached. Known as the Texas Plan, the final version of HB 3 as passed by the House and Senate now awaits the Governor’s signature as of our writing of this report. It is important to note that the final bill includes approximately $5.2 billion for property tax compression in addition to the $6.2 billion for school resources, and it reduces school districts’ vulnerability to recapture.

In its final form, HB 3 also makes a number of education policy changes that fall outside the scope of traditional school finance legislation, addressing such topics as the creation of a “do not hire” registry for educators who have been accused of misconduct and requiring teachers to demonstrate proficiency in the science of teaching reading. Fortunately, HB 3 as finally passed does not rank educators across or within districts and expressly prohibits compensation being tied to testing in local teacher designation systems. The bill also does not tie school funding to students’ third grade reading scores.

Read more about the major changes to school finance and education policy that are contained in HB 3 in this detailed ATPE blog post about the omnibus bill here on Teach the Vote.

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Educator Pay: 

Increasing educator compensation through plans that foster both retention and a robust workforce at every Texas public school was another ATPE legislative priority this session. We advocated for compensation plans that would allow for local flexibility, encourage educator input, involve factors more meaningful than students’ standardized test scores, and align with other efforts to promote and enhance the education profession.

Leading up to the November 2018 Texas elections and heading into this year’s legislative session, Lt Gov. Dan Patrick (R) made teacher pay a central tenet of his communications. During campaign messaging, he first promised educators a $10,000 pay raise before ultimately scaling back his plan to the $5,000 pay raise encapsulated in Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound).

SB 3’s first high-profile hearing by the Senate Finance Committee coincided with the timing of ATPE at the Capitol, our lobby day event held every legislative session, and several ATPE members testified at the hearing. The Senate quickly passed the more than $4 billion bill out of the upper chamber within the first 60 days of session, after Gov. Abbott declared teacher pay to be another emergency item this year. SB 3 as passed by the Senate called for across-the-board pay raises for classroom teachers and librarians.

However, SB 3 stalled in the House as the lower chamber grappled with its larger school finance bill, HB 3. For its part, House members proposed smaller, state-funded, across-the-board pay raises at the district level that would cover all public school employees except administrators in their version of HB 3. Later in the session. SB 3-style pay raise language momentarily regained life in the Senate’s version of HB 3, but did not make it into the final version of the school finance bill. Ultimately, the combination of legislators opposed to across-the-board raises and the prioritization of property tax compression by state leaders, including Lt. Gov. Patrick, doomed the proposal for a $5,000 across-the-board teacher pay raise.

While it does not guarantee an across-the-board, state-mandated pay raise, the final compromise version of HB 3 does contain two significant provisions on educator compensation. The first requires districts to spend 30 percent of the new revenue they receive under HB 3 on compensation. Seventy-five percent of that portion must be spent on teachers, counselors, librarians, and nurses; with a prioritization of spending the money to increase compensation for classroom teachers with more than five years of experience. Districts are not required to give to every employee within this category an increase. The remaining 25 percent of the compensation carve-out may be spent on compensating other full-time staff who are not administrators. Additionally, districts likely can choose to spend these dollars on benefits such as insurance premiums in lieu of salary hikes.

HB 3 also allows districts to assign their teachers performance designations and draw down additional state funding for compensation based on the combination of a teacher’s designation and the student demographics of the campus in which they teach. The additional funding ranges from $3,000 to $32,000, depending on a teacher’s designation and other factors, but the total amount of money budgeted by the state for this program is only $140 million for the biennium, meaning that it may end up being limited to only a handful of districts. Based on the wording of HB 3, state funding under this program will flow to the districts rather than directly the individual teachers who may earn the designations, allowing districts substantial discretion in how they spend the additional money.

For more information on the compensation provisions found in HB 3 as finally passed, view our blog post about the bill’s details here on Teach the Vote.

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Teacher Retirement System (TRS):

ATPE had two legislative priorities for this session that were connected to the Teacher Retirement System (TRS). Our first priority was preserving educators’ pension benefits, which have remained largely stagnant for several years as a result of the legislature’s failure to inject more money into the system. This year, ATPE actively supported legislative efforts to preserve both the solvency and the defined-benefit structure of the TRS pension program. We also teamed up with Equable, a national nonprofit organization that advocates for pension plan sustainability, to jointly promote legislation that would address the TRS funding shortfall.

ATPE’s other TRS-related legislative priority was funding educators’ healthcare needs. We aimed to help the state and school districts provide active and retired public educators with more affordable and accessible healthcare benefits. With healthcare costs on the rise nationally, active and retired educators alike have seen their medical costs eat up an increasingly larger percentage of their take home pay or TRS annuities.

Retired teachers can rest a little easier knowing that the passage of Sen. Joan Huffman’s (R-Houston) SB 12 (pending the Governor’s signature, of course) will provide a much needed increase in contributions to TRS, making the fund actuarially sound and ensuring that the primary retirement income for many Texas educators will be viable for decades to come. Read more on the details of changes made to TRS, including the provision of a 13th check for current retirees, in this ATPE blog post for Teach the Vote.

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School Safety and Student Health: 

One of the most sweeping bills the legislature passed this session was SB 11 by Sen. Larry Taylor (R-Friendswood), which was aimed at improving school safety in the aftermath of the 2018 deadly school shooting in Santa Fe, Texas. School safety and mental health were among the issues that Gov. Abbott declared as emergency items for the 86th legislative session, following round-table discussions his office held with stakeholders, including ATPE state officers, during the interim.

Although SB 11 and a related mental health bill, SB 10, took a meandering path through the session, legislators ultimately placed a specific focus on improving students’ mental health and assigning specialized teams at each campus to identify individuals who may pose a threat to themselves or others. The bill’s largest component sends $100 million to school districts over the next two years through a school safety allotment for use on facilities and security programs. Read the rest of what SB 11 does in this ATPE blog post for Teach the Vote.

Other school safety-related bills that were passed this session include HB 1387 by Rep. Cole Hefner (R-Mt. Pleasant), which removes caps on the number of school marshals who can serve a public or private school, and HB 2195 by Rep. Morgan Meyer (R-Dallas), which requires that a school district’s multihazard emergency operations plan include a policy on responding to an active shooter situation. Freshman Sen. Beverly Powell (D-Ft. Worth) also passed a bill that pertains to the information law enforcement officials are required to share with school districts when a student is arrested. Her SB 2135 helps superintendents and school boards work together with law enforcement  agencies to exchange information that can be used to conduct a threat assessment or prepare a safety plan related to a student who may pose a threat.

Another noteworthy bill that passed this session and could be directly attributed as a reaction to recent school shootings was HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). It sets forth protocols for the provision and use of bleeding kits in public schools, as well as training of students and staff to respond to traumatic injuries.

A couple of education-related bills were passed this session that aim to prevent or respond to the growing problem of child sex trafficking. HB 111 by Rep. Mary Gonzalez (D-Clint), calls for school district employees’ training to include recognizing the signs of sexual abuse and sex trafficking of children with significant cognitive disabilities. HB 403 by Rep. Senfronia Thompson (D-Houston) similarly requires superintendents and school board trustees to undergo training in identifying and reporting sexual abuse, human trafficking, and other maltreatment of children.

Lawmakers also approved bills this session that address students’ mental health, HB 18 by Rep. Four Price (R-Amarillo) is a bill that grew out of interim recommendations and strives to help school employees be aware of and provide interventions for students with mental health challenges, substance abuse, or a history of trauma. HB 19, also by Rep. Price, requires mental health professionals in each Education Service Center (ESC) region to provide training and resources to help address public school students’ mental health. Additionally, Rep. Todd Hunter’s (R-Corpus Christi) HCR 137 designates the month of September as Suicide Prevention Month for the next 10 years. Also, SB 435 by Sen. Jane Nelson (R-Flower Mound) requires local school health advisory councils to recommend appropriate opioid addiction and abuse curriculum that can be used by the school district.

Finally, there are some student health-related bills that passed and are worth mentioning. This session Rep. Dan Huberty (R-Kingwood) finally passed HB 76, a bill he has carried for several sessions aimed at providing student athletes access to cardiac assessments before they participate in certain activities sponsored by the University Interscholastic League (UIL). Rep. Travis Clardy (R-Nacogdoches) also passed HB 684 enabling school nurses and other trained public school employees to provide assistance to students with seizure disorders. Likewise, HB 2243 filed by physician and Rep. Tom Oliverson (R-Houston) aims to help school nurses administer asthma medication to certain students. SB 869 by Sen. Judith Zaffirini (D-Laredo) calls for an ad hoc committee to consult with the commissioner of education on updating guidelines for the care of students with food allergies who are at risk for anaphylaxis.

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Student Testing:

A handful of bills pertaining to student testing are on their way to the governor’s desk as of our writing of this report. Sen. Kel Seliger’s (R-Amarillo) bill to continue Individual Graduation Committees (IGCs), SB 213, has already been signed into law by Gov. Abbott. The ATPE-supported bill originally aimed to make the IGC law permanent, but its final version simply extends the sunset date for the law to September 1, 2023, making it ripe for consideration again during the 2021 or 2023 legislative session.

The largest testing bill that passed this session is HB 3906 by Rep. Dan Huberty (R-Kingwood), which makes a variety of changes to how state assessments are administered and the content of the tests. Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) changes the end-of-course exam for U.S. History to include 10 questions from the civics test used in the naturalization process; and HB 1891 by Rep. Lynn Stucky (R-Denton) will allow those who reach a required score on high school equivalency exams to be exempt from taking the Texas Success Initiative assessment.

Read more about these bills and others pertaining to testing in this ATPE blog post for Teach the Vote.

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Special Education:

During the interim, special education advocates worked diligently on the state’s Special Education Strategic Plan and Corrective Action Response, which was ordered by the U.S. Department of Education (ED) due to Texas’s artificial 8.5% cap on special education enrollment. Advocates also worked with the Texas Commission on Public School Finance last year, carrying legislators into the session with renewed energy for special education reforms.

To invigorate everyone even more, news broke just before session that our state faced penalties from ED due to the Texas Education Agency’s failure to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than in the year before, and thus, Texas was being assessed a $33.3 million financial penalty by ED. Unfortunately, the state has continued this trend, and it is now estimated that the federal penalty will reach $233 million.

Legislation passed this session hopes to address this issue going forward. The funding changes in the major school finance bill, HB 3, and under the state’s supplemental appropriations bill, SB 500 by Sen. Jane Nelson (R-Flower Mound), should help address Texas’s issue with maintenance of financial support. HB 3 raises the mainstream weight from 1.1 to 1.15; creates a new dyslexia weight of 0.1; and establishes a special education allotment advisory committee. SB 500, the supplemental budget, includes over $219 million to settle maintenance of financial support costs and prevent future penalties.

Other bills will impact special education beyond funding, such as HB 165 by Rep. Diego Bernal (D-San Antonio), which will allow students in special education programs to earn high school endorsements on their transcripts, and SB 139 by Sen. Jose Rodriguez (D-El Paso), which will provide parents with clearer notice on special education rights, including information related to evaluation and eligibility. Additionally, SB 522 by Sen. Judith Zaffirini (D-Laredo) improves the development of individualized education programs (IEPs) for students who are visually impaired, and SB 2075 by Sen. Angela Paxton (R-McKinney) aims to improve school districts’ compliance with dyslexia screening and parental notification.

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Payroll Deduction:

Protecting educators’ right to use payroll deduction for the voluntary payment of their professional association dues was another ATPE priority for 2019. In 2017, ATPE and other groups that represent public employees fought off vigorous, politically motivated efforts to repeal the payroll deduction statute, with the issue being named a top priority of Lt. Gov. Dan Patrick and even being added to Gov. Greg Abbott’s list of urgent issues that he felt necessitated a special session that summer. Those efforts failed last session, and ATPE was prepared to fight any similar legislative efforts this session.

Despite frequent pleas from far-right groups like Empower Texans and the Texas Public Policy Foundation to compel the 86th Texas Legislature to do something about the “union dues” issue, ATPE is pleased to report that not a single bill was filed this year aiming to eliminate payroll deduction for educators. There were some efforts in the final days of the session to try to amend language onto other bills that could prevent public employees from using payroll deduction, but those efforts failed.

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Class Sizes:

Early in the session, the House Public Education Committee heard HB 1133 by Rep. Jonathan Stickland (R-Bedford). This bill would have changed the current hard cap of 22 students in a single elementary grade classroom to a campus-wide, grade-level average, having the effect of allowing class sizes to dramatically expand. ATPE strongly opposed this bill, but it was unfortunately voted favorably out of the committee. After weeks of inaction on the bill, the language from HB 1133 was abruptly amended as a House floor amendment onto one of Rep. Huberty’s school accountability bills, HB 3904. The next day, this language was stripped from HB 3904 following a third-reading amendment by Rep. Chris Turner (D-Grand Prairie). What followed was quite extraordinary. Within hours, HB 1133 was added to a floor calendar and set to be voted on by the full House. Rep. Stickland postponed a vote on the bill three times, and when he finally allowed for a vote, the House defeated HB 1133 by a vote of 44 yeas and 97 nays. For more about the debate and to find out how your legislator voted on HB 1133, check out our coverage here on the Teach the Vote blog. ATPE thanks those who called their legislators and helped us oppose this bill in order to protect class-size limits, which are part of ATPE’s member-adopted legislative program.

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Private School Vouchers:

ATPE’s final legislative priority for the 86th legislative session was opposing the privatization of public schools through programs such as vouchers, scholarships, tax credits, education savings accounts, or allowing private entities to take over the authority and accountability vested in locally elected school boards. During the 2017 legislative sessions, private school vouchers were a top priority for Lt. Gov. Dan Patrick, and voucher legislation easily passed the Texas Senate only to be stalled in the House. The House members’ unambiguous opposition to vouchers last session, combined with the strong statement made in 2018 by educators showing up in higher numbers at the polls, dissuaded lawmakers and even state leaders from pushing a voucher priority this year. ATPE is happy to report that no major private school voucher bills like the ones filed last session were heard in committee this time around.

There were a handful of bills considered this session that ATPE and others deemed to be virtual voucher bills. The primary bill in this group was SB 1455 by Sen. Larry Taylor (R-Friendswood). SB 1455 would have eliminated statutory limitations on a student’s ability to demand access to more than three virtual school courses in a semester. The bill also called for expanding the number of full-time virtual school programs and access to those programs for students in grades K-2. Virtual school programs while accessed through a school district or charter school are operated almost exclusively by private, often for-profit, providers. Research has consistently shown that such full-time programs do a poor job of educating students compared to traditional brick-and-mortar schools, but they are a source of large profits for the providers at the expense of taxpayers. Other similar bills were filed this session by Sens. Donna Campbell (R-New Braunfels) and Bob Hall (R-Edgewood). Thankfully, all of these ATPE-opposed virtual school expansion bills failed to make it out of the House Public Education Committee this session.

Although not technically a “voucher” bill, ATPE believes it is worth mentioning this session’s version of the so-called “Tim Tebow” bill. Session after session, lawmakers have filed bills named in honor of the famous athlete who was home-schooled. The bills attempt to force public schools to allow home-schooled students to participate in their activities through the University Interscholastic League (UIL). The latest iteration was HB 1324 by Rep. James Frank (R-Wichita Falls), which ATPE opposed based on our member-adopted legislative program. During its hearing by the House Public Education Committee, ATPE submitted written testimony against HB 1324, expressing our concern that there was no assurance under the bill that home-schooled students would be required to meet the same prerequisites for UIL participation as public school students. The bill was expected to be brought up for a committee vote a couple weeks later, but was left off of the vote list, likely in response to growing opposition to HB 1324. ATPE appreciates the members, educators, parents, coaches, and other stakeholders who called their legislators to oppose this bill.

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Charter Schools:

In the previous regular legislative session of 2017, charter schools walked away with $60 million in first-time state facilities funding and the ability to operate school district campuses and receive financial benefits through “1882 partnerships,” a reference to the enabling legislation, SB 1882 (2017). While charter school legislation did not take center stage this session, several bills affecting charter schools are headed to the governor’s desk.

Some bills that passed this session have the effect of treating charters in the same manner as traditional public schools. HB 109 by Rep. Armando Martinez (D-Weslaco) prohibits charters from operating on Memorial Day; HB 2190 by Rep. Todd Hunter (R-Corpus Christi) allows children of charter school employees to attend their parents’ school; and SB 372 by Sen. Donna Campbell (R-New Braunfels) allows charter governing bodies to employ security personnel, commission peace officers, and enter into agreements with law enforcement to assign school resource officers. Additionally, SB 2293 by Sen. Pat Fallon (R-Prosper) subjects charter school employees to the same collective bargaining and anti-striking laws as all other public school employees. SB 2293 also creates a common application for charter school admission and a requirement that the Texas Education Agency (TEA) maintain and report on the nebulous “charter waiting list” often cited by charter school proponents as justification for their further expansion.

While the above-referenced bills do bring some parity between charters and traditional public schools, ATPE also supported several bills this session that would have had an even greater impact but did not pass. For instance, HB 43 by Rep. Gina Hinojosa (D-Austin) would have prohibited charters from using exclusionary admission policies based on students’ discipline history, and HB 1853 by Rep. Leo Pacheco (D-San Antonio) would have required charter schools to employ certified teachers.

Other bills that passed this session will impact charter school finance and expansion. The previously discussed omnibus school finance bill, HB 3, affects charter school funding, including requiring charters to pay their fair share into TRS and removing the charter benefit of the small and midsize adjustment. SB 668, a mandate relief bill by Sen. Bryan Hughes (R-Mineola), allows charters to submit an expansion approval request up to 18 months before expanding and requires that charters notify school superintendents affected by the expansion. Unfortunately, this is a pared-down version of stricter notification requirements that were included in the bill as it left the House. Other related bills that passed include HB 4258 by Rep. Jim Murphy (R-Houston), which provides the attorney general with the sole authority to approve the tax-exempt status of charter school bonds, nixing the authority of municipalities. Lawmakers also approved SB 2117 by Sen. Paul Bettencourt (R-Houston), which provides the financial benefits of 1882 partnerships to previously established partnerships in Spring Branch ISD and Aldine ISD that were formed prior to the final implementation of SB 1882. Lastly, SB 1454 by Sen. Larry Taylor (R-Friendswood) improves the transparency of the sale, lease, and disposition of closed charter schools and their assets.

A couple of other charter-related bills passed the legislature, including HB 4205 by Rep. Tom Craddick (R-Midland), which allows for large charter operators to repurpose a closed public school district campus with the requirement that the same students who were at the campus before it was closed be admitted. Finally, HB 1051 by Rep. Gary VanDeaver (R-New Boston) makes permanent the Goodwill Excel Center, an adult high school diploma and industry certification charter school pilot program, and codifies its best practices.

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Student Discipline:

Legislators also passed several bills related to student discipline this session. HB 3630 by Rep. Morgan Meyer (R-Dallas) and SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) are identical bills prohibiting the use of “aversive techniques,” which are described as techniques or interventions intended to inflict pain or emotional discomfort. This includes sprays, electric shocks, using a device to restrain all four extremities, and denial of the ability to use the restroom. Teacher organizations worked with the bill authors to ensure that this legislation would not prevent an educator from using a technique outlined in a student’s behavioral intervention plan (BIP) or from removing a student from class when necessary.

Regarding the removal of students, SB 2432 by Sen. Larry Taylor (R-Friendswood) adds criminal harassment against a district employee to the list of conduct that will result in a student’s automatic removal from a classroom. This would mandate that a student who threatens a teacher or sends them harassing electronic communications is immediately removed from class. Another bill also by Sen. Taylor, SB 1451, states that negative action may not be taken against an educator solely on the basis that the teacher made disciplinary referrals or documented student misconduct. ATPE supported these bills.

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School Turnaround:

Lawmakers spent considerable time this session discussing ways to improve student performance at public schools that are struggling under the state’s accountability system. Finding a programmatic “fix” that will dramatically improve performance in a reasonably short period of time, and in particular, one that is capable of being replicated, has long been an elusive goal of state and local policymakers and many education reformers. The latest attempt is called the “Accelerated Campus Excellence” (ACE) approach. The program, which began in Dallas ISD and has spread to a handful of other districts mostly in the DFW metroplex, has shown some promise and caught the attention of lawmakers when it was discussed during interim hearings of the Texas Commission on Public School Finance last year.

In a nutshell, ACE consists of a robust set of wraparound services for students at a persistently struggling campus, along with salary incentives and additional training for the teachers at the campus. The program utilizes a campus reconstitution approach, where a principal, often new to the campus, assembles a team of educators, some of whom are already teaching at the campus but many of whom are new. Many aspects of ACE mirror initiatives that ATPE has long advocated, such as using financial incentives to entice high-quality, often more experienced, educators to work at hard-to-staff campuses; offering robust mentoring and professional development; and providing students with robust wraparound supports. Unfortunately, the high cost of both the educator stipends and the wraparound services has made the longer-term sustainability of an ACE program questionable.

Several bills this session included provisions that would add ACE program language to state law, including both the House and Senate versions of HB 3. Regrettably, most of the provisions included in such bills featured heavy reliance on students’ standardized test performance data, including the use of STAAR data, to select educators for ACE campuses; provisions that rank teachers competitively by district or statewide, again based largely on student performance; and giving the appointed commissioner of education extreme control over the programs and their approval.

Ultimately, the ACE provisions were removed from HB 3, the omnibus school finance bill. However, the legislature did also pass HB 4205 by Rep. Tom Craddick (R-Midland) which had been amended with language from another stand-alone ACE bill, SB 1412 by Sen. Charles Perry (R-Lubbock). HB 4205 as finally passed contains a watered down and unfunded provision that allows districts, subject to commissioner approval, to use a version of ACE as a turnaround plan for a multi-year IR campus under Section 39.105 of the Texas Education Code.

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Political Speech:

In addition to advancing pro-public education legislation, ATPE worked to stop proposals this session that would have hindered the ability of our schools, teachers, and students to receive the best education possible. Specifically, ATPE worked to block SB 1569 by Sen. Pat Fallon (R-Prosper) and SB 904 by Sen. Bryan Hughes (R-Mineola). These bills would have had the combined effect of subjecting educators to extensive restrictions on political speech that go far beyond those that apply to any other group of public employees. Under these bills, teachers would have faced criminal penalties for all kinds of innocuous activities, including break room conversations of a political nature and teaching students about civic engagement as required by the Texas curriculum standards. Neither bill made it all the way through the legislative process.

ATPE also opposed SB 9, another controversial bill by Sen. Hughes that would have significantly increased the criminal penalties for mistakes made by voters, decreased voter privacy, and made voter registration more difficult. The Senate passed SB 9 on a party line vote, but the measure stalled in the House late in the session where it could not make it onto a calendar for floor consideration.

Another pair of bills that were of concern to some education groups were SB 29 by Sen. Bob Hall (R-Edgewood) and HB 281 by Rep. Mayes Middleton (R-Wallisville), aimed at preventing public entities from hiring lobbyists or paying dues to associations that lobby the legislature. While it is difficult to speculate what impact those bills might have had on groups like ATPE that do not receive their dues dollars from public entities, there is no question that weakening the ability of local schools to communicate their needs to the legislature was one of the authors’ goals. Fortunately, a deluge of messages from public education supporters all over Texas helped convince legislators to reject the bill in a major late-session vote on the House floor on May 20.

It is widely believed that these bills were filed in response to pressure from certain anti-public education groups reacting to the overwhelming pro-public education sentiment expressed by many voters in the most recent elections. Some of these bills came perilously close to becoming law, and ongoing advocacy by educators during the legislative session was among the key determining factors in preventing them from making it to the governor’s desk.

Indeed, if there is a single takeaway for the education community following the 2019 legislative session, it is reinforcement of the fact that political participation by educators is essential for the defeat of anti-public education bills. Stated differently, the engagement of educators in every election cycle and through grassroots communications with their elected officials, especially during a legislative session, is what produces successful outcomes for public education. ATPE thanks all those who helped prioritize the needs of public schools, educators, and most importantly, students during this 86th legislative session.

[Return to Index]

House Public Education Committee hears bills on home-schooler UIL participation, health and safety, and more

On Thursday, April 4, 2019, the House Public Education Committee met to hear bills on several topics, including home-schooled students’ participation in UIL, student health, protected speech, and the available school fund.

ATPE supported several of the bills on yesterday’s committee agenda:

  • House Bill (HB) 348 (Nevárez, et al., D-Eagle Pass): Would allow school districts to provide increased compensation to a teacher who completes an autism training provided by a regional education service center. This bill was not actually heard by the committee yesterday due to a last-minute change.
  • HB 1602 (Hernandez, D-Houston): States that a school district may not begin instruction before 8 am and calls for appropriating over $755 million to the Texas Education Agency (TEA) for the purpose of offsetting the additional transportation costs associated with the bill. Rep. Hernandez said that 34% of Texas schools start in the 7 am hour, and some students wait in the dark for the bus as early as 5:45 am. A student testified for the bill, saying it would help her get more sleep and receive less disciplinary action. ATPE member Yen Rabe also testified in support as one of several witnesses who cited increased safety and student well-being if the school day were to start later.
  • HB 2738 (Meyer, R-Dallas): Would expand educator misconduct provisions adopted through SB 7 from the 2017 legislative session to also include non-certified employees, such as those who may work in charter schools and Districts of Innovation. The bill would require TEA to create a “do-not-hire” registry of these non-certified persons.

ATPE registered in opposition to HB 1324 by Rep. James Frank (R-Wichita Falls), which would require public schools participating in UIL activities to provide home-schooled students who meet certain eligibility requirements with the opportunity to participate in the activity. Districts would likely incur costs from this mandate, and HB 1324 does not ensure that home-schooled students would be subject to the same requirements and thus on a level playing field with their public school peers. Testimony on this bill was split between those who had concerns about implementation, costs to public schools, and increased government oversight, and those who wanted to be able to participate in UIL activities, especially sports. Read ATPE’s written testimony against the bill here.

The following bills were also heard by the committee yesterday:

  • HB 873 (Allen, D-Houston): Would require the admission, review, and dismissal (ARD) committee to review students’ behavior intervention plans (BIPs) at least annually for those who have a BIP as part of their individualized education plan (IEP). This bill also requires changes to the student code of conduct, including parent notification about the student’s BIP or if the student needs a BIP when violations of the code occur, and it changes law around the use of restraints and time-outs, requiring detailed notification to parents. Lastly, the bill requires that if a school district takes disciplinary action against a student with disabilities that results in a change in placement, the district must conduct a behavioral assessment and develop or revise the student’s BIP.
  • HB 1131 (Cole, et al., D-Austin): Would create the “Texas Public Finance Authority” to act as a “paying agent” under current law for the guarantee and payment of bonds. School districts could also borrow money from the new authority.
  • HB 1906 (Burns, R-Cleburne): Would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. The ARD committee would make further determinations on whether the student should be exempted and what the best assessment instrument for the child would be. Special education advocates testified about concerns with making sure someone is still held accountable for growth and progress of these students, and argued that assessments should be fixed rather than removing students from taking assessments altogether.
  • HB 2097 (Krause, et al., R-Fort Worth): This bill would allow only Arlington ISD to withdraw from TRS-ActiveCare under a pilot project. Representatives of the school district testified that healthcare costs for its employees under TRS are too high, but members of the committee were cautious and indicated there should be more study on statewide impact before allowing one district to have special treatment.
  • HB 2244 (González, M., D-Clint): Would define what is protected speech and require school districts to adopt a policy establishing rules regarding students’ right to exercise freedom of the press at school. Testimony supporting the bill included remarks from students, teachers, a professor, and a lawyer.
  • HB 2393 (Burrows, R-Lubbock): Would require the State Board of Education (SBOE) and the Texas Parks and Wildlife Department (TPWD) to develop a hunter education course for students in grades 7-12 that a school district can use as a part of its physical education curriculum. Rep. Burrows stated that there are barriers to children being able to take hunter education and that many violations have been committed by hunters, presumably as a result of lack of education.
  • HB 2555 (Parker, R-Flower Mound): Would update the guidelines on food allergies and require school boards and governing bodies of charters to update their policies on caring for students with food allergies who are at risk of anaphylaxis.
  • HB 2689 (Dean, et al., R-Longview): Would require each school superintendent to designate a cybersecurity coordinator to serve as a liaison between the district and TEA. Rep. Dean stated that student data, such as social security numbers, are particularly valuable and in need of protection.
  • HB 2739 (Meyer, et al., R-Dallas): Would require private school administrators to report misconduct by educators they employ to the State Board for Educator Certification (SBEC) and allow them to obtain information from SBEC any reports the board has about prior misconduct or criminal histories of such individuals.
  • HB 2740 (Meyer, et al., R-Dallas): Would require the Department of Family and Protective Services to release information regarding child abuse and neglect investigations and allegations to private schools, as it does for public schools.
  • HB 3683 (Dutton, D-Houston): Would allow the commissioner to authorize a charter or campus program to provide a dropout recovery program for grades 9-12, at which 50% of the enrollment must be students who are age 17 or older. Eligible students would include those who have dropped out or been in a disciplinary alternative education setting, as well as homeless students, working students, asylees and refugees, or at parent request. Charter school advocates testified that the bill would improve student retention and completion.
  • HB 4205 (Craddick, R-Midland): Would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. Former Speaker Craddick stated that a school slated for closure has only two options (close the campus or appoint a board of managers), and his bill offers a third option by allowing non-profit charters to partner with the school district to reopen the school. TEA General Counsel Von Byer said the campus would still have to be closed and repurposed, and that the repurposed campus would have to serve a majority of new students and offer a distinctly different academic program.
  • HB 4613 (Shaheen, R-Plano): Would allow parents to request an exemption from state and federal testing requirements for special education students, potentially through a federal waiver. Special education advocates testified with concerns on meeting federal reporting requirements and having accountability for all students, including those with disabilities.
  • HB 4611 (Huberty, R-Humble) and its related House Joint Resolution (HJR) 151 (Huberty, R-Humble): Would propose a constitutional amendment to allow the General Land Office’s (GLO) School Land Board to transfer up to $600 million to the available school fund. The current allowable contribution is only $300 million. Testimony from both the GLO and from Dr. Keven Ellis of the SBOE was neutral, focused on finding avenues to increase funds to the available school fund.

The following pending bills heard during prior meetings were voted favorably from committee on Thursday: HB 851, HB 1026, HB 1517, HB 1639, HB 1640, HB 1823, HB 2511, HB 2984, HB 3007, HB 3217, HB 3323, HB 3435, HB 3966, HCR 59, HB 843, HB 1160, HB 1276, HB 1632, HB 2030, HB 2184, HB 4310, and HB 2210.

The House Public Education Committee will meet again on Tuesday, April 9, 2019, to hear a variety of bills, mostly pertaining to charter schools.

Teach the Vote’s Week in Review: March 15, 2019

Here’s your wrap-up of education highlights from another busy week for the ATPE Governmental Relations team:


ATPE Senior Lobbyist Monty Exter testifying before the House Public Education Committee on March 12, 2019

Members of the House Public Education committee heard more than 12 hours of testimony this Tuesday on House Bill 3 (HB 3), the House’s comprehensive school finance reform bill. Stakeholders from parents to teachers and even children on spring break testified about the $9 billion bill. Many witnesses at Tuesday’s hearing expressed support for the bill, but a number of them shared reservations about its move to roll funding for gifted and talented programs into the basic allotment and a proposed merit pay plan that the commissioner of education would oversee under HB 3 by Rep. Dan Huberty (R-Kingwood).

ATPE testified neutrally on HB 3 stating that while the bill as filed has many positive qualities and would inject much-needed funding into the public education system, it also includes some troubling changes regarding the state’s minimum salary schedule and using teacher evaluations and student performance data for merit pay. Many witnesses, including ATPE, who expressed concerns about the merit pay plan noted that it would be difficult if not impossible for the commissioner to determine which teachers might receive merit pay under HB 3 without using data from student test scores, even though the bill itself does not specifically call for the use of the STAAR for this purpose. ATPE opposes the use of student performance data, including test scores, as the primary measure of a teacher’s effectiveness for purposes of compensation, which ATPE shared with the committee during our testimony that was delivered by Senior Lobbyist Monty Exter on Tuesday.

Currently, HB 3 is still pending in committee with a substitute version of the bill expected to be discussed next Tuesday, March 19. Read more about Tuesday’s school finance hearing in this blog post by ATPE Lobbyist Andrea Chevalier.

On Wednesday, the House Public Education Committee reconvened to hear a host of other bills related to topics such as Districts of Innovation (DOI) and school start dates. ATPE Senior Lobbyist Monty Exter testified in support of HB 1051, a bill that would make permanent the Goodwill Excel center permanent, a charter school offering a successful dropout recovery program for adult students. ATPE also supported HB 340 relating to full-day pre-k and HB 1276 relating to educator certification. More details on bills heard during Wednesday’s hearing can be found here.

 


Earlier this week, the White House released the president’s 2020 budget proposal, which is little more than a statement of the president’s priorities given that Congress actually passes the federal budget. The proposal would cut billions from the Department of Education’s budget compared to what Congress previously enacted, while funding controversial programs such as school privatization and performance-based compensation. Read a more detailed analysis of the President’s budget proposal on our Teach the Vote blog here.

 


The Senate State Affairs Committee met Thursday morning to hear a number of bills. Among them was Senate Bill 12 by Sen. Joan Huffman (R-Houston). SB 12 would increase the TRS contribution rate and get the fund back to a point of actuarial soundness by the end of the biennium. In addition to the increased contribution rate, the bill would also fund a small 13th check of $500 for current TRS retirees. ATPE Senior Lobbyist Monty Exter testified in support of the bill. For more background on why TRS contribution increases are now needed, check out this previous blog post about actions taken by the TRS board of trustees in the summer of 2018.


Residents of the San Antonio area’s House District 125 elected Democrat Ray Lopez to represent them in the House in a special election held this Tuesday. Lopez, a former city council member will be serving in the seat vacated by current Bexar County Commissioner and former HD 125 state representative Justin Rodriguez. ATPE congratulates Representative-Elect Lopez and looks forward to working with him. This election was the last in a series of special elections meant to fill seats that were vacated after last fall’s elections. As we reported last week, Houston area residents of House District 145 last week elected Democrat Christina Morales to fill the seat vacated by former representative and now Senator Carol Alvarado.

 


ThinkstockPhotos-465016790_moneyLast Friday evening the Senate released its version of a school finance reform proposal, Senate Bill 4 by Sen. Larry Taylor (R-Friendswood). While the Senate has worked diligently to pass an across-the-board teacher pay raise bill this session (SB 3), its version of a more comprehensive school finance reform plan is a little less robust than its counterpart in the House. SB 4 includes provisions for outcomes-based funding and merit pay for classroom teachers. Read more information about the Senate bill in this blog post by ATPE Lobbyist Mark Wiggins.

 


Teach the Vote’s Week in Review: March 1, 2019

Read the latest legislative and education news for this “ATPE at the Capitol” week from your ATPE Governmental Relations team:


Hundreds of ATPE members traveled to Austin earlier this week for ATPE at the Capitol, our political involvement training and lobby day event hosted every legislative session year.

On Sunday, Feb. 24, ATPE members gathered at the JW Marriott for a series of training sessions. They heard a welcome message from ATPE State President Byron Hildebrand and learned how to advocate for ATPE’s legislative priorities with help from the ATPE lobbyists and Executive Director Shannon Holmes. Attendees spent the day networking with their colleagues and shopping at the ATPE Boutique for merchandise with sales benefiting the ATPE-PAC.

The day finished with a panel discussion featuring State Board of Education member Keven Ellis (R) and State Representatives Gary VanDeaver (R-New Boston) and Mary Gonzalez (D-Clint). The closing session was moderated by Spectrum News Capital Tonight political anchor Karina Kling and gave ATPE at the Capitol attendees an opportunity to ask the panel questions about school finance, testing, retirement, and more.

ATPE members boarded buses to the State Capitol early Monday morning, Feb. 25, to meet with their own legislators, sit in on hearings, and share their advocacy messages in support of public education. ATPE at the Capitol attendees gathered for a group photo Monday afternoon outside the Senate’s chamber, which prompted brief appearances by Sen. Jane Nelson (R-Flower Mound) and Lt. Gov. Dan Patrick (R). ATPE’s state officers also visited with House Speaker Dennis Bonnen.

When the full House and Senate convened their floor sessions Monday afternoon, Sen. Kirk Watson (D-Austin) and Rep. Dan Huberty (R-Kingwood) presented honorary resolutions recognizing ATPE members in each chamber and applauding them for their work on behalf of Texas public schools and students.

This year’s ATPE at the Capitol event coincided with a hearing Monday by the Senate Finance Committee on Senate Bill (SB) 3, which would provide teachers an across-the-board salary increase of $5,000. Many ATPE members attended and even testified before the committee in support of Chairwoman Nelson’s high-profile bill, including ATPE State Vice President Tonja Gray. Read more about the SB 3 hearing below.

For more coverage of ATPE at the Capitol, be sure to check out our photo album on ATPE’s Facebook page.

 


At the conclusion of Monday’s hearing on Senate Bill (SB) 3, the Senate Finance Committee voted unanimously to send the high-profile teacher pay raise bill to the Senate floor. The vote came after consideration of a few amendments and hearing from more than a dozen educators who testified on the bill, including several ATPE members. SB 3 has already been placed on the Senate Intent Calendar and could be brought up for floor consideration as early as next week.

During ATPE at the Capitol activities on Monday, Lt. Gov. Dan Patrick made a brief appearance before the crowd of ATPE members at the state capitol and talked about the bill. He shared that he expects SB 3 to be either the first or second bill passed by the full Senate this session. With 27 co-authors already signed on to the bill, it appears evident that SB 3 will make it out of the full Senate with ease and head over to the Texas House for consideration.

SB 3 is likely to face tougher scrutiny in the lower chamber, where House leaders have criticized the bill and expressed a preference for advancing a merit pay proposal similar to what has been recommended by the Texas Commission on Public School Finance and Gov. Greg Abbott (R). ATPE expects the House’s school finance and teacher compensation omnibus bill to be filed within the next few days, as House Public Education Committee Chairman Dan Huberty announced plans for a press conference about the House bill on Tuesday, March 5, with committee hearings expected during the week of March 11.

Read more about Monday’s SB 3 hearing and ATPE’s testimony in this blog post. Tune in to Teach the Vote next week for more on the budget and school finance discussions. We’ll have analysis of the anticipated House bill, plus updates on the budget writing process as the Senate take a deeper dive on SB 1 with the appointment of work groups for various sections of the draft budget. As announced by Chairwoman Nelson on Monday, Sens. Paul Bettencourt, Charles Perry, and Royce West will serve on a work group chaired by Sen. Larry Taylor for the public education portion of Article III of the budget.

 


FEDERAL UPDATE: In Washington, DC this week, education and a Texas elected official were in the news.

On Thursday, Sen. Ted Cruz (R-TX) joined U.S. Secretary of Education Betsy DeVos at a press conference announcing his filing of new bill offering federal tax credits to individuals or corporations who fund private school voucher scholarships. Read more about the voucher push in this blog post from ATPE Lobbyist Mark Wiggins.

Also in Washington, the House Education and Labor Committee announced five informational hearings to formally launch the reauthorization of the Higher Education Act (HEA). The HEA was last re-authorized in 2008. The five hearings will cover the cost of college; higher education accountability; costs of non-completion; the roles of community colleges, historically black colleges and universities, and minority-serving institutions; and innovation in degree pathways. The hearings have not been scheduled yet. Conversations around affordability and accountability are also taking place between Ranking Member Senator Patty Murray (D-Wash.) and Chairman Lamar Alexander (R-Tenn.) of the Senate Health, Education, Labor, and Pensions (HELP) Committee.

 


The House Public Education Committee met Tuesday, Feb. 26, and considered 21 bills over the course of several hours. The agenda included bills pertaining to health and student safety, use of technology and instructional materials funding, recess policies, and more. Read more about Tuesday’s discussions in this blog post from ATPE Lobbyist Andrea Chevalier who attended the hearing. Next Tuesday, March 5, the committee will meet again to hear a number of bills relating to student assessments.

 


Last Friday, Feb. 22, the State Board for Educator Certification held its first meeting of 2019. ATPE Lobbyist Andrea Chevalier attended the meeting and provided this summary of the board’s discussions.

Related to educator preparation and certification, it’s almost time for new teachers and principals to share their feedback on educator preparation programs (EPPs). The Texas Education Agency (TEA) will be collecting data from principals of first-year teachers and all first-year teachers to help assess the effectiveness of various EPPs. The results of the principal survey will be used for EPP accountability. Both principals and teachers will have access to training modules before completing the surveys. The surveys will become available on April 3, 2019. Find more detailed information about the surveys here.

 


 

DeVos, Cruz launch federal voucher push

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U.S. Education Secretary Betsy DeVos announced the filing of new school voucher legislation Thursday, which is being carried in the Senate by Sen. Ted Cruz of Texas.

Cruz’s bill, S. 634, would create a voucher program estimated to cost as much as $10 billion per year. The measure would allow corporations and individuals to deduct from their federal taxes 100 percent of their contributions to “scholarship funds” for private schools. Tax credit scholarship proposals aim to subsidize private, for-profit schools with taxpayer dollars redirected from free, constitutional public schools.

The credit would be capped at 10 percent of an individual’s adjusted gross income or five percent of a corporation’s net taxable income. Rep. Bradley Byrne (R-Alabama) has filed a similar version in the House with a $5 billion price tag. State-level legislation of the type Devos, Cruz, and Byrne are aiming to encourage by proposing federal tax credits has previously been filed in Texas, but has been opposed by Texas educators and has failed to pass. State leaders have repeatedly said similar voucher proposals will not be a priority this session. Many believe this is largely due to 2018 Texas election results, which were widely seen as a rejection of privatization efforts. For this reason, state legislators in Texas have yet to file a major voucher bill during the current state legislative session.

President Donald Trump appointed DeVos, who has used her family’s vast wealth to advocate for the privatization of public schools. During her time as education secretary, DeVos has led a number of efforts to promote vouchers and voucher-like policies.

Fortunately, there is slim chance that the current Congress will pass any voucher legislation. Some Senate Republicans have expressed concerns over voucher legislation, and a voucher bill is unlikely to find traction in the Democratically-controlled House. To read more about the new Cruz bill and send a message to your elected officials in Washington, DC about it, visit ATPE’s Advocacy Central.

From The Texas Tribune: Momentum for “private school choice” in Texas fades in 2019

In 2017, top Texas lawmakers were galvanized for “private school choice.” This year, momentum has faded.

Gov. Greg Abbott speaks during a rally at the Capitol for school choice January 24, 2017. Both Abbott and Lt. Governor Dan Patrick spoke in favor of expanding school choice options. Students, educators, activists and parents marched on the south lawn to show their support for expanding school choice options during National School Choice Week. Photo by Laura Skelding for The Texas Tribune

In 2017, top Texas lawmakers were galvanized for “private school choice.” This year, momentum has faded.” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Two years ago, Gov. Greg Abbott and Lt. Gov. Dan Patrick stood on the steps of the Texas Capitol before a throng of waving yellow scarves and urged lawmakers to vote for programs that give parents state money to attend private schools.

This Wednesday, those two top Republicans may not even attend the rally for National School Choice Week, let alone have speaking roles.

Though “school choice” supporters will still excitedly don their signature bright yellow scarves Wednesday, they will likely be fighting an uphill battle the rest of this session to get support in the Capitol.

In the months after 2017’s rally, House lawmakers unequivocally voted to reject school vouchers or similar programs that allow parents to use public money for private education. In 2018, a key election ousted some of the programs’ largest supporters, including Rep. Ron Simmons, R-Carrollton, one of the loudest cheerleaders in the House. And as state Republicans tour the state making constituents a new set of education-related promises, many have swapped the words “school choice” for “school finance.”

So far, even Abbott and Patrick have rarely brought up their former pet issue without being asked directly — beyond Abbott’s routine proclamation for this year’s School Choice Week. The new House Speaker Dennis Bonnen, an Angleton Republican, said last week that the House would not pass legislation approving vouchers — and that he had consistently voted no on similar bills.

“I’m not willing to say, ‘hey, this issue is dead.’ But leadership seems to be saying that, at least for this particular session,” said Monty Exter, lobbyist for the Association of Texas Professional Educators, one of the biggest opponents of those programs.

The issue was politically divisive last session, with public school educators arguing it would siphon money from public schools. The Senate passed a diluted version of the bill that would allow parents of students with disabilities to pay for private school and homeschooling, with supporters arguing it would empower families to make the best educational choices for their kids. Facing resistance in the House, Senate leaders refused to approve an overhaul of the school finance system without those subsidies — forcing a stalemate.

Abbott demanded lawmakers pass both in a summer special session. Both failed to pass again.

Randan Steinhauser, who along with her husband Brendan has helped lead the fight for voucher-like programs in Texas, said both Abbott and Patrick have been invited to support the cause from the stage at Wednesday’s rally. But they aren’t scheduled to give formal speeches. Sen. Ted Cruz and Land Commissioner George P. Bush, both Republicans, are expected to speak and, she said, “having one elected official after another is not the most engaging thing for our audience.”

In 2017, Steinhauser helped start an organization called Texans for Education Opportunity, which hired about a dozen lobbyists to push the benefits of giving parents taxpayer money to use for private school tuition and homeschooling. This year, Texans for Education Opportunity has no lobbyists registered.

Steinhauser and Texans for Education Opportunity founder Stacy Hock both say they are instead focusing on organizing families to speak directly to lawmakers.

“Thankfully, we will not be doing a huge lobby effort this session,” Hock said. ‘What has become apparent to me is that the most important voice in this discussion is that of Texas families.”

Steinhauser rejects the idea that lawmakers got kicked out of office for supporting the issue.

“If that were the case, Dan Patrick would have lost. He’s the biggest champion in the state and he’s coming back for another term,” she said. “No one won or lost on the issue of school choice.”

But lawmakers appear to be putting distance between themselves and the issue, at least for the time being.

Sen. Larry Taylor, the Friendswood Republican who chairs the Senate Education Committee, told a group of free-market conservatives earlier this month that school choice “is not going to be the focus this session” and “not part of the school finance bill.” That’s a far cry from 2017, when he authored the Senate’s bill for private school tuition subsidies.

But he’s not alone in his change of tone. Two years ago, sporting a yellow scarf of his own atop a navy blue suit, Patrick expressed his disappointment with the Texas House in front of thousands of students and family members from charter schools and private schools.

“We want a vote up or down in the Senate and in the House this session on school choice,” he said, amid loud cheers. “It’s easy to kill a bill when no one gets to vote on it.”

This year, when asked whether the issue would return to the Senate, Patrick was less direct: “We’ll see, we’ll see. It’s a long session.”

Disclosure: Stacy Hock and the Association of Texas Professional Educators have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2019/01/23/momentum-school-choice-vouchers-texas-fades-2019/.

 

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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

12 Days of Voting: Vouchers

Early voting is underway NOW for the November 6 elections, so we’re taking a look at some of the reasons why it’s so important that educators vote TODAY! In this post, we’re taking a closer look at vouchers.


When it comes to issues facing public education as a whole, privatization remains one of the most existential threats. The endgame of those who are pushing private school vouchers is to defund the public school system in order to hand our kids over to faceless corporations that will crank them out cheaply and pocket the profits.

Think about it: In 2016, Texas spent $24 billion in state funds to educate our kids. Local taxpayers pitched in even more — $28.8 billion on top of that. It sounds like a lot of money, until you consider it was spread between 5.3 million students. That translated to just $11,133 per student, which puts Texas below the national average and among the states with the most miserly per-student spending.

Despite lagging below many other states, the money spent on Texas public schools is nonetheless a tempting target for predatory opportunists who see only dollar signs. Private schools that can ignore state and federal regulations are viewed by many as a cash cow. A warehouse with a skeleton crew of untrained staff could certainly churn out diplomas and graduate kids unprepared for college and careers for a fraction of the price of a quality public education. Pro-voucher legislators could brag about reducing spending while corporate stockholders rake in billions of taxpayer dollars, perfect for spending on fancy yachts and private planes – and campaign contributions to pro-voucher legislators!

Of course, the kids end up the losers in this scenario. And the 85th Texas Legislature witnessed the despicable lengths to which voucher supporters were willing to go to sell our kids down the road.

The legislative session began with fresh data indicating that Texans firmly oppose spending public taxpayer dollars to subsidize private school tuition. Led by Gov. Greg Abbott and Lt. Gov. Dan Patrick, voucher proponents instead focused on a voucher targeting students with special needs as a way to open the door. They also used terms like “education savings accounts” and “tax credit scholarships” to describe their voucher plans in the hope of garnering more support from those who traditionally oppose privatization. Voucher promoters even went as far as mailing fraudulent letters to lawmakers to promote their plan.

As ATPE pointed out, special education vouchers are especially troubling and would not come close to covering the full cost of services for children with special needs. In fact, they would give students far less money than the public school system is currently required to spend on their behalf. More importantly, they would force children with special needs to surrender their federal rights and protections under the Individuals with Disabilities Education Act (IDEA).

Parents of special needs students wisely rejected this cynical attempt to exploit their children for political purposes. With the backing of parents, teachers, ATPE, and the majority of Texans, the Texas House of Representatives led by Speaker Joe Straus stood firmly against each voucher scheme brought forth in 2017. Legislators punctuated their stance with multiple votes on the House floor to reject vouchers.

As payback, Lt. Gov. Patrick killed a bill authored by members of the House that would have provided $1.5 billion in additional funding to benefit all 5.4 million Texas students – signaling how far the lieutenant governor was willing to go to pass a voucher bill against the will of Texas voters.

While voucher supporters were unable to pass a bill in 2017, they have already begun laying the groundwork for a renewed push when the legislature meets again in 2019. The only reason powerful leaders like Lt. Gov. Patrick and Gov. Abbott were unable to pass a voucher bill in 2017 is because Texas voters elected just enough pro-public education legislators to stop those bills from becoming law.

The reality is that unless Texans elect more legislators who promise to actively oppose vouchers, the threat of a voucher bill passing in the future remains high.


Go to the CANDIDATES section of our Teach the Vote website to find out where officeholders and candidates in your area stand on this and other public education issues.

Remind your colleagues also about the importance of voting and making informed choices at the polls. While it is illegal to use school district resources (like your work e-mail) to communicate information that supports or opposes specific candidates or ballot measures, there is NO prohibition on sharing nonpartisan resources and general “get out of the vote” reminders about the election.

Early voting in the 2018 general election runs Monday, October 22, through Friday, November 2. Election Day is November 6, but there’s no reason to wait. Get out there and use your educator voice by casting your vote TODAY!

From The Texas Tribune: In his long-shot bid to unseat Lt. Gov. Dan Patrick, Mike Collier is counting on teachers

By Emma Platoff, The Texas Tribune
Oct. 24, 2018

In his long-shot bid to unseat Lt. Gov. Dan Patrick, Mike Collier is counting on teachers” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

The Democrat wants to draw teachers and education-minded voters away from the Republican Party. But can he win over enough educators to unseat a powerful incumbent?

Democrat Mike Collier (left) is challenging Republican incumbent Lt. Gov. Dan Patrick. Photos by Bob Daemmrich: Collier/Marjorie Kamys Cotera: Patrick.

TAYLOR — It was a weekday morning, and Williamson County’s retired teachers were back in school.

Dozens of them gathered one October Friday in a large conference room off of Main Street Intermediate School, where the walls were beige concrete blocks, the sunlight was sneaking through the blinds, and the speakers — a slate of Texas candidates — were fighting to keep the room’s interest. Casting a shadow on the projector screen at the front of the room was Mike Collier, the Democratic candidate for lieutenant governor, who was preparing to hit a softball: Does Texas need its state retirement benefits system for teachers?

“Yes,” he said simply. “First of all, it’s the right thing to do. … It’s self-evident.”

He began to make a pulpit of his plastic table.

“And we’re a prosperous state! And we can afford it!” he continued, finger-wagging for emphasis. When he sat down, the room applauded.

On his longshot campaign to unseat incumbent Lt. Gov. Dan Patrick, Collier is hoping he’s popular in a lot of rooms that look like this one — where after hearing from him, education-focused voters in a reliably red county said in interviews that they planned to vote for Republican Gov. Greg Abbott, then cross over to back Collier.

Collier, a Houston accountant and a failed 2014 candidate for Texas comptroller, is at a deep, perhaps insurmountable disadvantage in deep-red Texas, where Patrick has served in state government for more than a decade and accumulated about 35 times as much cash on hand.

Still, Collier says he can see a path to victory — and it starts here, in a crowd of retired teachers, scribbling on the bingo card-like sheets they’ve prepared for the occasion, sipping coffee out of teeny foam cups, some nodding along and a few nodding off.

But are there enough rooms like this to carry him to victory?

“The most conservative lieutenant governor in the history of Texas”

Patrick is the heavy favorite to keep his seat in a state that hasn’t elected a Democrat to statewide office in more than 20 years. He has the fundraising muscle, the endorsements and, more than likely, the reliable voters of a reliably dominant majority party.

As the leader of the Texas Senate, Patrick is one of the most powerful Republicans in the state, and he’s used his influence to push socially conservative policies through the upper chamber at an impressive clip — abortion restrictions, border enforcement, anti-“sanctuary cities” laws. Republican senators credit him with firm, effective leadership; liberals consider that effectiveness perhaps the state’s greatest threat to their values.

Patrick chaired President Donald Trump’s 2016 campaign efforts in Texas, and shared the stage with him at a campaign rally in Houston this week, drawing some of the loudest applause of the night. Patrick is, state Sen. Donna Campbell, R-New Braunfels, said at a recent campaign event, “the most conservative lieutenant governor in the history of Texas.”

But his party isn’t without its disagreements. Some have pointed to a split between Patrick, who heads a Tea Party-aligned faction of the party, and retiring House Speaker Joe Straus, a more moderate figure. During the last legislative year, that split emerged in full force when Patrick pushed forward a bill that would have restricted transgender individuals’ access to certain public facilities. Straus condemned it as bad for business, and never brought it to the House floor for a vote — a move that contributed to his censure by the State Republican Executive Committee.

Tensions from the 2017 legislative sessions have bled into this fall’s campaign, if in limited fashion. One example: Harris County Judge Ed Emmett, a Republican who leads Texas’ most populous county, said he plans to vote for Collier.

But a family feud won’t keep a Republican incumbent from getting re-elected, strategists and elected officials predict. Patrick has the public support of Texas’ top Republicans; his campaign boasts the endorsements of both of Texas’ U.S. senators, the governor and all but one Republican state senator.

“There’s no question” that Patrick will win re-election, said state Sen. Paul Bettencourt, an ally of the lieutenant governor. Bettencourt represents the Houston district Patrick served until 2014 — heavily overlapping with Emmett’s turf — and said he’s confident that Patrick has the support of the region. “Dan Patrick is going to be re-elected. Dan Patrick is very popular in the Republican party.”

Still, if there are disenchanted Republican moderates to be picked off, Collier is working to endear himself to them.

In a year when even Texas Democrats are running as unabashed progressives, Collier has charted a more careful path. His party’s nominee for the U.S. Senate is a former punk rocker who went viral for skateboarding in a Whataburger parking lot while on the campaign trail. For governor, Democrats have nominated Lupe Valdez, the state’s first openly gay and Latina candidate to win the nod.

Collier does not ride a skateboard. At 57, he’s spent much of his life working as an accountant, and he only recently committed to the Democratic party — he voted for Mitt Romney in 2012 and Hillary Clinton in 2016. He seems most comfortable talking numbers — “I’m Dan Patrick’s worst nightmare! I’m a Democrat and an auditor!” he likes to say — and seems less sure-footed discussing social issues.

On the death penalty, for example, Collier said he is still “evolving” toward a more liberal point of view. Collier justifies his support for undocumented immigrants in Texas in financial terms, not on moral grounds: They draw about $2 billion in state resources a year, but contribute about $2.7 billion back through property taxes, he says, so, “it doesn’t bother me that they’re here.” His line is similar on LGBTQ rights. In an interview last month, he couldn’t list inclusive legislation he’d push, but said he did “have in mind blocking” measures considered hostile to the gay community, like the so-called “bathroom bill.”

“Tolerance and inclusiveness is good for business,” Collier said, a line he could almost have borrowed from Straus.

“Public enemy number one for public education”

If Collier is positioning himself to draw center-right Republicans back over the line, public education may be his best issue. Patrick is not an uncontroversial figure among teachers, retired teachers and public school parents.

As a former chair of the Texas Senate’s public education committee and as the leader of the upper chamber, Patrick has championed what he calls “school choice” and critics, many of them public school educators, call “vouchers” — programs that would give Texas families subsidies to fund private school tuition for their kids. During last summer’s special session, as the Legislature debated an influx of cash for public schools, the Texas House offered up $1.8 billion — $1.5 billion more than Patrick’s Texas Senate proposed.

“When you have 700,000 school employees, they’re not all going to be on the same page. That said, I do feel like if there’s any one person out there that they’re most unified about it’s probably the lieutenant governor,” said Monty Exter, a lobbyist at the Association of Texas Professional Educators.

As a senator, Exter said, Patrick “was pushing reforms that lots of educators are not necessarily in favor of. He doesn’t seem to favor class-size restrictions and they really, really do. He really does favor vouchers and they really, really don’t. And the funding issues have died in his hands or at his hands.”

Meanwhile, Patrick portrays himself as a champion for public schools. This summer, after his urging, the Teacher Retirement System of Texas opted not to raise health care premiums for retired teachers. In an ad last week, he reiterated his proposal to raise teacher salaries by an average of $10,000.

“Teachers are more valuable than expensive buildings and fancy stadiums,” Patrick says in the commercial, standing on a sunny hill in front of a truck. “It’s my priority, it’s best for our kids and it’s the right thing to do.”

But many in the public education community are skeptical about that plan in a system they say is already underfunded. Tracy Fisher, the president of Coppell ISD’s board and a Republican precinct chair in Dallas County, called the lieutenant governor’s proposal “deceptive.” He is “public enemy number one for public education,” she added.

And the effort hasn’t won Patrick favor from major teachers groups, some of whom have called his efforts disingenuous. Collier won the endorsements of the Texas State Teachers Association and Texas’ chapter of American Federation of Teachers; AFT president Louis Malfaro said Patrick has “tried to browbeat local school districts.” In its first-ever endorsements of statewide candidates, the public education group Texas Parent PAC also backed Collier, calling Patrick a bully and ideologue “who cannot be trusted to protect and strengthen our neighborhood public schools.”

Patrick’s campaign said those groups hardly speak for all Texas teachers. But the incumbent’s recent teacher raise ad shows he’s still focused on courting educators.

“While almost all the organizations that represent teachers are left-leaning and Democrat, in fact, Texas teachers tell us that most are Republicans who support border security, property tax reform and the innovative education reforms, including career tech, that have been championed by the Lt. Governor,” said Sherry Sylvester, a top Patrick aide.

Republican strategist Brendan Steinhauser said dissatisfied educators may narrow Patrick’s margin of victory, but they won’t threaten it.

“Do I think that feeling is widespread enough to cause concern for Dan Patrick? No,” he said.

A “sleeping giant”?

There are about 700,000 public school employees in Texas; that number doubles when you include retirees in the system, and multiplies if you add parents who consider public education their top voting issue. Collier is counting on that diverse group to back him as a block — but those voters have a wide range of backgrounds and political leanings. And they don’t always show up.

“The expectation is that teachers just don’t vote,” Exter said. “But I feel like what we’ve been seeing over the last couple of elections is that the enthusiasm and participation of educators is on the rise.”

Last year, in the wake of disappointments at the Legislature, many educators pledged to come together — including, and especially, across party lines — to support pro-public education candidates. In the months since, they’ve moved their advocacy from the Capitol steps to the internet, where nearly 27,000 have joined a Facebook group, Texans For Public Education, whose stated mission is block voting. The group, which color-codes its list of candidates, marked Collier green — “friendly,” “block vote” — and Patrick red: “unfriendly” to public education.

Collier is counting on turning them out to vote for him. But that bet has failed before.

Just ask Jim Largent, who retired as Granbury ISD superintendent this year after a failed primary challenge to state Rep. Mike Lang, a fellow North Texas Republican. Running as the pro-public education candidate, Largent won just 38 percent of the vote. In the Houston area, Fort Bend ISD board president Kristin Tassin suffered the same fate, taking just 27 percent of the vote in a challenge to state Sen. Joan Huffman that Tassin hoped teachers would swing in her favor.

A similar pattern emerged in the lieutenant governor’s race, where Patrick was one of just a few statewide officials to draw a serious primary challenger. Patrick’s opponent was Scott Milder, the founder of the advocacy group Friends of Texas Public Schools, who drew some attention for bad-mouthing Patrick — he called the incumbent a “bully,” a “jackass” and even a “fake conservative” —but remained the clear underdog in financial support and name recognition. Milder pushed the Patrick campaign to spend over $5 million on advertising, but ultimately won just under a quarter of Republican primary voters — a smaller share than either Tassin or Largent. Within days of the loss, Milder endorsed Collier.

Looking back on his attempt, Largent called Texas educators the electorate’s “sleeping giant.” The question, he said, is whether in a general election they’re more likely to wake up.

“I have always thought that Mike had a better shot than I did in the primary,” Milder said. “So few people actually turn out in the primary. … But a much broader base of Texans shows up in the general.”

Collier argues that the pro-public education voting block he envisions is more likely to swing a general election than a primary. Considering Democrats and Republicans who backed Milder, more people voted against Patrick in the primary than for him, Collier likes to point out.

There is also a Libertarian candidate in this fall’s race, Kerry McKennon.

“I do think that my race is as competitive as any,” Collier said. “There are going to be Republicans who stay home because they hate Dan Patrick. There are going to be a lot of Democrats who turn out because they hate Dan Patrick.”

The incumbent’s team isn’t so sure of that, though they did spend some $6.5 million on advertising in the last quarter to make extra sure. They have history on their side — and history suggests they have the numbers on their side, too.

At a rainy get out the vote rally in New Braunfels last week, Patrick projected confidence.

“There are folks like us who are going to keep Texas red — who are not going to let the blue wave take us out,” Patrick promised a cheering, bundled-up crowd.

While introducing Patrick, Campbell, the Republican state senator, summed it up neatly.

“I’ll tell you, they are motivated!” she said of Democrats. “But there are more of us than them.”

Disclosure: The Association of Texas Professional Educators, the Texas State Teachers Association and Texas AFT have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/10/24/texas-dan-patrick-mike-collier-race-teachers-midterm/.

 

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Congress passes education budget

Congress passed a funding bill today that averts a looming government shutdown and, among other spending, includes FY 2019 funding for the U.S. Department of Education (ED). The measure now heads to President Trump for his signature.

Under the spending measure, the overall federal education budget is increased based on current levels, with major programs like Title I and special education seeing program specific bumps. President Trump asked for more than $7 billion in overall budget cuts to ED in his budget request to Congress earlier this year. Congress’s education budget also largely ignores his request to funnel north of $1 billion to various school choice programs, but does include increased funding for charter school grants.

The bill increases funding levels for a grant aimed at creating safer schools. Despite efforts from Democrats, a prohibition on using certain funding under the Every Students Succeeds Act (ESSA) to arm teachers in schools did not make it into the bill. Texas has been at the center of the debate following questions from Texas school districts asking whether Title IV ESSA funding could be used to arm teachers. At a hearing on ESSA held by the Senate Health, Education, Labor, and Pensions Committee yesterday, the issue again garnered significant attention. Education Secretary Betsy Devos has maintained that the law offers districts considerable flexibility and does not specifically prohibit spending on arming teachers.

President Trump said earlier today that he will sign the measure, which keeps the government running through December 7 and also funds the Defense, Labor, and Health and Human Services Departments.