Tag Archives: rules

SBEC considers EdTPA pilot, special education certification, and more

SBEC meeting, April 26, 2019

On Friday, April 26, 2019, the State Board for Educator Certification (SBEC) met in Austin to take up an agenda including several important items. Items considered by the board included final approval of the EdTPA pilot, discussion of a new framework for special education certification exams, and approval of final details for the new “Principal as Instructional Leader” certificate.

Some action items on the board’s agenda last week will result in a public comment period that will run from May 31, 2019, through July 1, 2019. These include proposals to prompt a routine four-year review of rules regarding the certification of appraisers and rules establishing the certificate categories within the certificate class for classroom teachers (e.g. Science 4-8, Social Studies 7-12, Music EC-12). The board is also proposing changes to rules regarding how districts are required to make personnel assignment decisions. For instance, if you have a certificate in Ethnic Studies: Mexican American Studies 9-12, you are allowed to teach a variety of social studies and history courses. Due to public testimony, three changes were made to the proposed rules following the February meeting: allowing with agriculture certificates to teach Principles of Architecture: Principals of Construction, Grades 9-12;  allowing those with Physics/Math certificates to teach Robotics 1, Grades 9-12; and allowing those with technology education certificates to teach Transportation, Distribution, and Logistics, Grades 9-12.

Another major rule-making item on the SBEC agenda that will require a public comment period was the approval of proposed changes to rules on Teacher Certification Redesign, including certification requirements, testing requirements, and types of certificate classes and permits issued (probationary, intern, etc.). The proposed changes include the following:

  • A maximum 45-day waiting period between test attempts, which supports test reliability.
  • The option of a four-week, intensive pre-service pathway towards an intern certificate, which is meant to incentivize alternative certification and post-baccalaureate programs to have pre-service teaching.
  • The use of EdTPA, a portfolio-based performance assessment, as a testing option that educator preparation programs (EPPs) can opt into using during a two-year implementation pilot.
  • Updates to fees, including a shift to subject-matter-only assessments for EPPs that require pre-admission content tests (PACT), which would cost $106 (proposed effective January 1, 2020). EdTPA would cost $281 and only affect candidates who choose to use EdTPA and participate in an EPP that is in the pilot, with a cost of $111/task for retakes (three tasks total).

Testimony on the EdTPA proposal was voluminous during Friday’s meeting. An overwhelming majority of EPPs (university, alternative, and post-baccalaureate) testified in opposition to the proposed new assessment, citing concerns with test integrity, cost to candidates, and pilot design. Those in favor of the change, including Teach Plus Texas and four Teach Plus Texas policy fellows, stated that authentic assessment will be effective at inciting change in EPPs that will lead to better prepared teachers. While the board voted in favor of beginning the pilot, certain board members such as Dr. Art Cavazos, Dr. Rex Peebles, Dr. John Kelly, Carlos Villagrana, and Tommy Coleman expressed concerns with the structure and viability of data obtained from the pilot. Dr. Cavazos strongly advocated for a simultaneous alternative to EdTPA to be developed, so that additional data and options are available after the two-year pilot concludes, should the EdTPA data turn out to be inconclusive or negative. Again,a  public comment period on these proposed changes to the certification exam rules will run from May 31, 2019, through July 1, 2019, and will be published in the Texas Register.

Here are additional agenda items on which SBEC took action last Friday:

  • Final approval of the review of rules regarding educator disciplinary proceedings, sanctions, and contested cases. This is a standard four-year review that all state agency rules are subject to on an ongoing, cyclical basis.
  • Final approval of a new rule specifying certification standards for the English as a Second Language (ESL) Supplemental Certificate (proposed effective July 21, 2019). One of the changes to the standards is a section on culturally responsive teaching in order to construct mutually adaptive learning environments for English language learners.
  • Final approval of the deadline for candidates to qualify and apply for the current Principal Certificate (August 31, 2019) so that all certificates under this category can be issued by October 30, 2019. SBEC also heard an update on the 59 EPPs that have been approved to offer the new Principal as Instructional Leader Certificate. See more about Principal Certification Redesign here.
  • Approval of the membership of the Bilingual Education certificate advisory committee, which will work with TEA staff to draft educator standards that define the content of EPPs and certification exams. The committee will convene in June 2019.
  • Approval of the rest of the EPP accountability ratings (56), as most others (77) had been approved during the February SBEC meeting.
  • Approval/action on disciplinary cases involving educator misconduct.

The following additional items were on the board’s agenda last week for discussion only:

  • Discussion of changes to rules regarding accountability standards and procedures for EPPs, including new commendations for high-performing EPPs, adoption of the accountability manual, and how accreditation statuses are determined.
  • Discussion of proposed changes to admission requirements into EPPs to reflect changes to the PACT, which is a part of the Teacher Certification Redesign mentioned above. The purpose of the PACT is to allow candidates admittance to EPP programs by demonstrating subject-matter-only knowledge (if they don’t have the commensurate coursework and minimum 2.5 GPA). Currently, candidates can gain admission through a content pedagogy test, which tests for teaching strategies that the candidate hasn’t been exposed to yet. The proposed revisions would also implement SB 1839, HB 2039, HB 3349 of the 85th Legislature, which created an Early Childhood through Grade 3 (EC-3) certificate and a Trade and Industrial Workforce Training: Grades 6-12 certificate.
  • Discussion of recommendations made by the Special Education policy forums and an update on the upcoming certification test development process. This includes four new special education certifications and a Deaf/Blind supplemental certification. The four new certification tests would be a “Mild/Moderate Support, Grades EC-8”, “Mild/Moderate Support, Grades 6-12”, “High Support, Grades EC-8”, and “High Support, Grades 6-12”.
  • Discussion of the 5-year EPP continuing approval review process and the current results for the 2017-2018 and 2018-2019 reviews. This item will come up again at the October 2019 meeting as an action item.

SBEC will hold a work session on July 25, 2019 and will hold its next formal meeting on July 26, 2019. There will be an opportunity for public testimony at the July 26 meeting for items that will result in a public comment period (see above) and for the discussion items above. Stay tuned to Teach the Vote for updates.

House Public Education Committee kicks off its session work

House Committee on Public Education, 86th Texas Legislature

This week, the Texas House Public Education Committee met for the first time this session. State representatives serving on the committee this session are as follows:

Chairman Huberty, who is returning for his third session as chair of the committee, opened the first hearing by welcoming new and returning members and emphasizing the non-/bi-partisan nature of the committee’s work. He shared a story about the glass apple he keeps in front of him on the dais during each hearing. The apple was given to him by a supporter, friend, recently retired teacher, and long-time ATPE member, Gayle Sampley.

After the chairman’s opening remarks, the committee heard a series of presentations from various high-level staff at the Texas Education Agency (TEA) meant to update the committee on a range of education issues. Links to the individual presentations can be found below:

It is worth noting that during Franklin’s presentation on educator certification, the chair questioned whether the State Board of Education (SBOE) should continue to have oversight and veto authority over rulemaking by the State Board for Educator Certification (SBEC). Under state law, the elected SBOE has the ability to review and reject rules that have been adopted by SBEC board, whose members are appointed by the governor. The SBOE cannot change SBEC rules, however, and any veto of an SBEC rule, which is extremely rare, essentially requires the certification board to start its rulemaking process over to correct perceived flaws in the rule. ATPE has supported and often relied on SBOE’s oversight of SBEC rules to help prevent the enactment of policies that would be detrimental to teachers or overall teacher quality,.

During the hearing, Chairman Huberty also laid out the committee’s schedule for the next two weeks. First, the committee will meet twice next week on Feb. 5 and 6 to hear from selected members of the Texas Commission on Public School Finance regarding the current condition of Texas’s school finance system and the commission’s recommendations for changes to tit. During the following week, on Feb. 11 and 12, the committee plans to hear invited testimony from a broad range of experts and stakeholders who have comments and concerns with the commission’s plan, or who may want to offer solutions of their own for the committee to consider as it begins its work moving forward a bill to overhaul the state’s school finance system.

SBOE welcomes new members at first meeting of 2019

The State Board of Education (SBOE) welcomed newly-elected members Monday, marking the board’s first meeting of 2019. Senate Education Committee Chair Larry Taylor (R-Friendswood) administered the oath of office to recently reelected members and newly-elected Members Pam Little (R-Fairview), Matt Robinson (R-Friendswood), and Aicha Davis (D-Dallas).

Legislators and SBOE members gathered for oath of office ceremony, January 28, 2019.

Members then adopted the board’s operating rules. Among the changes, audience members will not be allowed to carry flags or noisemakers into the gallery area. This stems from an incident in 2018 in which a disruptive member of the audience brought a confederate flag into the gallery. Visual aids will still be permitted in the hallways and atrium outside the gallery.

The board engaged in a lengthy discussion of its authority with regard to charter schools, in particular when it comes to charter revisions or amendments. The board has the authority to veto new charter applications, but not necessarily when it comes to revisions or amendments. Some members expressed a desire to increase the transparency of amendment applications, but Texas Education Agency (TEA) staff suggested amendments are under the sole purview of the commissioner of education.

Members elected Marty Rowley (R-Amarillo) as vice-chair of the board and Georgina Perez (D-El Paso) as secretary. Members then assigned committees, which will each elect their own chair when they meet on Thursday. On the Permanent School Fund/School Finance Committee are Pat Hardy, Ken Mercer, Lawrence Allen, Donna Bahorich, and Tom Maynard. On the Instruction Committee are Sue Melton-Malone, Georgina Perez, Pam Little, Aicha Davis, and Marty Rowley. On the School Initiatives Committee are Barbara Cargill, Keven Ellis, Marisa Perez-Diaz, Matt Robinson, and Ruben Cortez.

 

TEA encourages education stakeholders to share rulemaking input

In a letter addressed to school administrators Tuesday, the Texas Education Agency (TEA) requested that school districts and open-enrollment charter schools include upcoming rulemaking actions on their websites in order to encourage school leaders, parents, and teachers to participate in the rulemaking process. The agency is asking districts and charters to post links to the TEA’s web pages that host proposed rules of the Commissioner of Education, the State Board of Education (SBOE), and the State Board for Educator Certification (SBEC).

Along with legislative action at the Texas Capitol, administrative rulemaking is one of the two main ways education policy is made. However, unlike the Texas Legislature, which is only active for 140 days every two years, state administrative bodies make rules year-round. When it comes to public education, the Commissioner of Education, the SBOE, and SBEC each have express rulemaking authority over a defined set of topics. While very different from the legislative process, the rulemaking process also makes use of public input. To increase public accessibility, the TEA has implemented new electronic forms to provide public comment on proposed rules, which can be found by clicking on the corresponding links above. The agency has also created a frequently-asked questions (FAQ) page about the rulemaking process.

ATPE’s lobby team regularly participates in the rulemaking proceses by giving written and oral input to the commissioner and state boards on issues of concern to our membership. Also, we frequently post about significant rulemaking actions here on our blog at TeachTheVote.org, and we encourage you similarly to follow rulemaking developments that affect you, your colleagues, your students, and your classrooms. Submitting feedback on these rulemaking actions is a great way to continue to have your teacher voice heard on important education policy matters throughout the year!

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

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

 


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

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

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

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

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

 


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

 


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

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

 


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

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

 

SBOE Wrap-Up: November 2016

SBOE logoFriday, Nov. 18, wrapped up a busy November meeting of the State Board of Education (SBOE), which returned to Austin to tackle a wide range of subjects before the holiday break. Here’s a brief rundown of the week’s action.

Mexican-American Studies

The board said “no thanks” to a controversial Mexican-American studies textbook that sparked protests over factual errors and complaints regarding the way Mexican-Americans are characterized in the text. After a morning dominated by demonstrations and a press conference held by opponents of the textbook, the board denied approval and asked for more submissions of ethnic studies materials. The Texas Tribune‘s Aliyya Swaby has a blow-by-blow of the drama that unfolded on Tuesday. Read more about the board’s decision and what it means for both textbook publishers and school districts teaching the elective course in this press release from the Texas Education Agency (TEA).

TEKS in the Crosshairs

Wednesday’s agenda focused primarily on updates to the Texas Essential Knowledge and Skills (curriculum standards) for mathematics, science, English language arts, and reading. On the subject of math, board members heard exhaustive testimony regarding process standards, and whether less emphasis should be given to word problems and process questions both in the curriculum and on standardized tests. Members seemed to generally agree in a reduction in emphasis, but were concerned what the mathematics TEKS would be left with if process standards were done away with altogether.

The committee also heard reports from educator committees assigned to review the science TEKS in several areas, but most of the attention focused on biology. Reviewers recommended edits to the biology TEKS that included sections seen by some on the board as challenging the theory of evolution. In testimony, one biology teacher who sat on the review committee countered that the changes were made for streamlining purposes and preserved encouragement for instructors to engage in healthy debate of scientific theories. The Texas Tribune posted a summary of the arguments.

Bond Guarantees

On Thursday, the Committee on School Finance/Permanent School Fund delved into a question regarding the use of the fund to guarantee loans for new school buildings. When growing school districts want to build, for example, a new campus, they may not necessarily have the cash on hand to pay for it right away. To get things going, they can issue a bond – basically, a loan – which they can pay off, with interest, over time. Just like you, if a school district has better credit, it can get better financing and pay less interest, which can add up to millions of dollars for a big construction project. In order to get the best financing possible, public school districts with less-than-perfect credit can get the bond “guaranteed” by the $30 billion Texas Permanent School Fund (PSF). It’s a bit like your parents co-signing a loan: You get a better interest rate because they promise to pay the bank if you can’t keep up with your payments.

Dollar fanCharter schools can also take advantage of the Bond Guarantee Program, but on a limited basis. For qualifying charter holders, the amount available under the program is set by a capacity multiplier currently set at 3.25 percent. Charter holders complain the regime creates an annual rush to snap up limited resources. At Thursday’s hearing, they asked the committee to expand the multiplier to 3.5 percent, which would create several hundred million dollars in additional bond guarantees available to charters. Some on the board expressed concern over expanding the debt for which the PSF is liable to charters over which the state has less control. The board gave preliminary approval to raising the multiplier, while halting a related proposal by TEA staff to create additional academic criteria for charter holders to qualify for the program. The Austin American-Statesman‘s Julie Chang has a thorough write-up on the bond program discussion, complete with the following quote from ATPE Lobbyist Monty Exter:

“The board’s first priority should always be to protect the fund so that it continues to be available to guarantee new bonding for facilities for all Texas students,” Exter said. “We agree with the commissioner on enhancing academic requirements to access the bond guarantee program. Some board members have expressed concerns about expansion by charter holders who have not utilized their current capacity. ATPE encourages those members to continue to ask those sorts of questions.”

SBEC Rules

Friday wrapped with the board taking up several rule proposals sent to them from the State Board for Educator Certification (SBEC). All SBEC rules must undergo final review by the SBOE board, which can vote to reject and send back proposals or take no action — which has the effect of approving the proposals. All the SBEC proposals received final approval. Learn more about those educator preparation and discipline proposals in this recent blog post by ATPE Lobbyist Kate Kuhlmann.

Legislative Recommendations

The board also approved its 2017 legislative recommendations, which include a prohibition on vouchers, increased appropriations for TEA staff to adequately oversee and support the TEKS process, support for federal E-Rate support funding, an elimination of TEA’s arbitrary limit on students receiving special education services, and improved student data privacy, among others.

Farewells

This week’s SBOE meeting was the final one for two outgoing board members, Martha Dominguez (D) from SBOE District 1 and Thomas Ratliff (R) from SBOE District 9. Dominguez is an educator and current ATPE member; many of the board members referred to her as the heart or conscience of the board.

Thomas Ratliff

Thomas Ratliff

Ratliff, son of former Lt. Gov. Bill Ratliff, came onto the board eight years ago, after winning a primary election to replace the former board chair and a divisive figure in curriculum battles, Don McLeroy (R). During his tenure, Ratliff helped usher in one of the most productive and cooperative periods in the history of the SBOE.

Both of these members will be greatly missed, and ATPE thanks them for their service. After Dominguez and Ratliff decided not to run for re-election this year, their respective replacements were determined through this year’s elections to be Georgina Perez (D) and Keven Ellis (R). Perez and Ellis will begin their four-year terms in January

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Teach the Vote’s Week in Review: Oct. 14, 2016

Happy Friday! Here are education news stories you might have missed this week:


Road sign toward election 2016We’re only 10 days away from the start of early voting for the 2016 general election. Many thanks to all of you who helped get pro-public education voters registered. Read more about Texas’s record-setting voter registration statistics in this recent article from The Texas Tribune, which we’ve republished here on Teach the Vote.

Election Day is Tuesday, Nov. 8. The early voting period will run from Monday, Oct. 24, through Friday, Nov. 4. Early voting enables you to visit any polling place within your county or political subdivision. In most counties, if you wait until Election Day to vote, you’ll be required to vote in the assigned polling location for your precinct. Voters over the age of 65 or those unable to make it to the polls due to certain circumstances such as illness may apply for a ballot by mail. Learn more about the requirements for voting here. Also, click here to find out about ways the Texas Educators Vote coalition, which includes ATPE, is encouraging school leaders to help get their employees to the polls during the early voting period.

I votedNow is a great time to find out where legislative and State Board of Education candidates stand on public education issues. Use our 2016 Races page to search for your districts and read about the candidates in those races. Remember that unlike the primary elections held earlier this year where voters had to choose to vote in either the Republican or Democratic primaries, in November you can vote for any candidate in the general election regardless of party affiliation, including independent candidates.


The House Public Education Committee has scheduled an interim hearing for Monday, Oct. 17, where the main topic of discussion will be private school vouchers. ATPE Lobbyist Monty Exter will be testifying at the hearing and will provide a full report for Teach the Vote next week. In the meantime, check out this video press release where Monty explains why ATPE remains committed to fighting efforts to implement a publicly funded voucher or private school scholarship program in Texas.


U.S. Dept of Education LogoThe U.S. Department of Education has released new federal rules for teacher preparation, which include requirements for states to hold educator preparation programs accountable for a number of factors. ATPE Lobbyist Kate Kuhlmann has been following the development of the rules over the last couple of years and provided a full report for Teach the Vote earlier this week.


Sen. John Whitmire (D-Houston) wants teachers to help students learn how to interact with law enforcement officers in the hope of decreasing violent incidents. Whitmire has announced plans to file a bill that would make lessons on police interaction part of the required curriculum for students in the ninth grade. The topic was discussed at a recent hearing of the Senate Committee on Criminal Justice, which Whitmire chairs. Read more about the idea in a recent story from KVUE News here, and check out a related interview with ATPE member Cristal Misplay, who worked as a law enforcement officer before becoming a third-grade teacher in Round Rock ISD. We want to hear your thoughts on requiring the ninth grade curriculum to include lessons on interacting with police. Post your comments below.


Rent on red business binderAustin ISD is considering ways to foster teacher retention by partnering with the City of Austin to explore future affordable housing options for educators and other public employees. Austin ATPE President Heidi Langan spoke to KXAN News this week about the local cost of teacher turnover. Her district has struggled to keep teachers who often leave for neighboring districts that offer higher salaries and where houses are more affordable. Check out the full interview here.


Are you a teacher or parent in a school district that is considering a District of Innovation (DOI) designation? ATPE has a resource page dedicated to helping stakeholders navigate the DOI process and learn about the types of laws that can be waived in districts that avail themselves of the new DOI law. Our resource page includes examples of some Texas school districts that have become DOIs and provides tips on how to share input with your district through the DOI process. Check out the DOI resource page here.


 

Federal Update: ED releases long delayed teacher preparation rules

U.S. Dept of Education LogoThe U.S. Department of Education (ED) has released a final set of regulations that lay out federal stipulations for states’ teacher preparation programs. The rules have seen delays since 2014, when an initial iteration was released. That initial proposal garnered significant input, and while some revisions are included in the newest version, the original proposal remains largely intact.

Under the newly released regulations, states will be required to develop a rating system aimed at evaluating the success of its teacher preparation programs. One piece of that rating system must analyze how programs’ teachers perform based on a measure of student academic achievement. This was a highly controversial piece retained from the original proposal, which was heavily-reliant on student test scores, but the newer version does provide flexibility with regard to how states determine student success. Ultimately, if programs don’t perform well on the state’s rating system, states will be required to cut off access to federal grants aimed at supporting teachers who teach in high-need certification areas and in low-income schools (or TEACH grants).

Teacher Standing in Front of a Class of Raised HandsThe rating system must also include the job placement data, retention rates, and feedback of programs’ graduates as well as the feedback from their graduates’ employers. Initial reactions to the final version of the regulations have been mixed. While some support the higher accountability to which programs will be held, others have concerns with the unintended consequences that could result, such as the effect a measure of student achievement could have on the support available for teachers going into high needs schools.

As we shared last week, Texas is at the end of a process to revamp its educator preparation accountability system. Much of what Texas has and is in the process of implementing is in line with the standards to be enforced by ED under its new regulations. One missing piece, however, is the inclusion of student achievement. While such a measure is included in Texas law and rules governing educator preparation programs (EPPs), to date, the Texas Education Agency (TEA) has been unable to find a valid way to measure student outcomes. TEA has, however, included a student growth measure in its new teacher evaluation system, the Texas Teacher Evaluation and Support System (T-TESS). The new system is in its first year of implementation statewide, but the measure of student growth piece is still in the pilot phase. ATPE and other organizations have filed legal challenges based in part on the inclusion of value-added modeling (VAM) as a element of the T-TESS model. The final commissioner’s rules for T-TESS outline four ways in which schools may assess student growth for purposes of teacher evaluations; VAM, which many consider to be an unfair and unreliable statistical calculation for this purpose, is one of the four options. Despite the pending litigation, the student growth piece of T-TESS  is set to take effect statewide next school year. With the new federal rules for EPPs calling on states to look specifically at the performance of students taught by those programs, it seems likely that Texas will at least consider further extension of the same questionable VAM methodology for EPP accountability.


For related content, read the perspectives of Kate Walsh with the National Council on Teacher Quality (NCTQ). She highlights her thoughts on the new regulations, including why she doesn’t disagree with ED’s decision to omit the previously required use of student test scores or VAM.


U.S. Secretary of Education John B. King and President Obama have stood by the administration’s new regulations and are joined by those who support stronger regulations for teacher preparation in the United States, but the rules have received criticism from congressional leaders and other stakeholders. As all of this plays out, two things create some uncertainty: 1) regardless of who is elected, it is relatively unknown how a new president would implement these regulations, and 2) Congress has been toying with reauthorizing the Higher Education Act, which has a questionable likelihood but would entail fresh laws that could render these new teacher preparation regulations meaningless. Plus, the price tag of implementing these regulations would be high for states (latest estimates from the administration indicate $27 million per year for the next 10 years). Bottom line, the final version of the regulations released today might not be the end of the road. Stay tuned to Teach the Vote for more.

Congressional subcommittee to examine federal education funding rules tomorrow

United States Capitol BuildingThe U.S. House Committee on Education and the Workforce will meet tomorrow in Washington, D.C. to discuss a new proposed funding-related rule by the U.S. Department of Education (ED). The “supplement, not supplant” regulatory proposal is part of ED’s implementation of the Every Student Succeeds Act (ESSA) passed by Congress last year to reauthorize the country’s premier federal education law, the Elementary and Secondary Education Act (ESEA). On Wednesday, Sept. 21, the Subcommittee on Early Childhood, Elementary, and Secondary Education, chaired by Rep. Todd Rokita (R-IN), will hold a hearing entitled, “Supplanting the Law and Local Education Authority Through Regulatory Fiat.”

As described in a press release from the committee announcing tomorrow’s hearing, “The Department of Education has released a proposed rule changing the longstanding requirement that federal funds supplement—not supplant—state and local funds. Concerns have been raised that the department’s unprecedented regulatory proposal does not adhere to the letter and intent of the law and will have significant consequences for students and schools.” Scheduled witnesses have not yet been announced, but the hearing will be live-streamed starting at 10 a.m. Eastern/9 a.m. Central on Wednesday, Sept. 21. Stay tuned to Teach the Vote for updates on ESSA implementation.

Teach the Vote’s Week in Review: Sept. 9, 2016

Happy Friday! Here are stories making education news in Texas this week:


Texas Commissioner of Education Mike Morath has adopted final rules to implement a 2015 law allowing for Districts of Innovation (DOIs), which are acceptably-rated school districts that opt to exempt themselves from some education-related laws in the Texas statutes. ATPE opposed the legislation last year granting school districts the right to those regulatory exemptions and allowing them to operate in a similar manner as charter schools. We submitted formal input to the commissioner on his proposed rules, urging for more safeguards to protect students, parents, and district staff from unforeseen and harmful consequences of broad exemptions.

Monty at DOI hearing

ATPE Lobbyist Monty Exter testified at a hearing on proposed rules for Districts of Innovation.

One of ATPE’s foremost concerns about the DOI law was the potential for educators to lose their immunity protections in state law, particularly if a district opts to exempt itself from all available statutes under the new law as one large school district has already attempted to do. We are grateful that the commissioner and his staff listened to our concerns and added language to the final rules to prohibit districts from waiving educators’ immunity rights. While the DOI law remains highly problematic in many respects, the commissioner’s final rules will at least curtail the likelihood of costly litigation to determine what types of liability might attach to certain DOIs that have adopted blanket waivers.

Read more about the rules in this week’s blog post, and also peruse ATPE’s DOI resource page to learn more about the procedures and timeline for a school district to become a DOI, what types of laws can be exempted in those districts, and how educators and parents can have a voice in the DOI process locally.

 


Last week we reported that the Texas Commission on Next Generation Assessments and Accountability (TCONGAA) had finalized its report with recommendations to the Texas Legislature on testing and accountability. On the blog this week, ATPE Lobbyist Monty Exter breaks down each of the nine recommendations. Read his analysis here.

 


Today is the final day to submit comments on the U.S. Department of Education’s (ED) rules pertaining to assessment provisions under the Every Student Succeeds Act (ESSA). ATPE is pleased that a form of our previous input to Congress and ED is included in the rule proposal covering the newly created innovative assessment pilot.

As we state in our new round of comments submitted to ED, ATPE has encouraged policymakers to consider using “a scientifically valid sample of the student population to assess students and report disaggregated state-level data” in an effort to reduce “the time, emphasis, and expense placed on standardized testing.” The proposed rules will allow states to consider piloting a limited form of this testing structure at the district- and, potentially, state-level (up to seven states have the option to consider several types of innovative assessment systems and would have to submit an application for consideration by the department).

Still, it is not lost on ATPE that states’ ability to press the boundary is limited in the area where true innovation is needed. Our comments encourage the department to “look for opportunities to address the harmful nature of overusing standardized assessments as high-stakes and ineffective measures of success.” We’ve shared previous input with ED and Congress that highlights these concerns, and we remain committed to advocating for a reverse of the trend to increasingly use standardized tests as a high-stakes measure of success in public education.

The department released its proposed rules on the rule administering assessments, which were drafted by education stakeholders and professionals under a process referred to as negotiated rulemaking, and the rule pertaining to the newly created innovative assessment pilot in July. ED has released a series of draft ESSA rules over the past year and just last week released a highly anticipated proposal covering the controversial issue of supplement-not-supplant.

 


SBOE logoNext week will be a busy one for education policy stakeholders with several major hearings on the calendar. First, on Monday, Sept. 12, the Texas Education Agency (TEA) and State Board of Education (SBOE) are hosting a free public event in Austin called “Learning Roundtable – Educating the Children of Poverty.” The day-long conference will feature presentations by state and national education researchers on the challenges of turning high-poverty schools into high-achieving schools. Texas has experienced a sharp increase in the number of economically disadvantaged students, which creates greater challenges for ensuring that they have opportunities to excel in school. ATPE will be attending the event and will report on it next week. Learn more about the event here.

On Tuesday, Sept. 13, the Senate Education Committee will conduct an interim hearing to evaluate digital learning opportunities and broadband access for schools and students. The committee will also monitor the implementation of a bill that allowed for students to use alternative measures to satisfy high school graduation requirements. ATPE strongly supported the bill creating graduation committees to evaluate certain students who had failed required STAAR exams. That bill is set to expire next year unless extended by the legislature in 2017. The Select Committee on State and Federal Power and Responsibility will also meet that same day to hear testimony on the extent to which state regulations are influenced by mandates attached to federal funding.

Also on the schedule for Tuesday are some high-profile SBOE meetings: SBOE’s Committee of the Full Board will begin with a morning work session on the curriculum standards for mathematics, followed by a public hearing on instructional materials submitted in response to Proclamation 2017. The hearing will be focused on a proposed new Mexican-American studies textbook that has generated controversy and national media attention. The textbook was developed by a publishing company headed up by Cynthia Dunbar, a former member of the SBOE. It is the only textbook of its kind being offered for the SBOE’s consideration at both its September and November meetings. A group of Texas educators and experts have reviewed the book and released a new report describing its content as offensive, biased, and filled with errors. A group called the Responsible Ethnic Studies Textbook Coalition plans to hold a rally to protest the book outside the TEA headquarters at 9:30 a.m. on Tuesday.

On Wednesday, Sept. 14, SBOE meetings continue with its regular hearing by the Committee of the Full Board. Meanwhile, over at the Capitol there are two hearings of interest taking place that morning. First, the Senate Committee on State Affairs will discuss one of its interim charges to “examine the practice of using public funds and employees for the payment processing of union dues” and “make recommendations on whether Texas should end this practice.” ATPE has fought to protect educators’ rights to have access to payroll deduction for payment of their voluntary dues to our association, which is not affiliated with a union, and we will continue our work to educate lawmakers on the realities of this practice, which does not require any expenditure of public funds.

NO VOUCHERS

At the same time, the Senate Education Committee will hold another interim hearing on Wednesday, this one focused on vouchers and other “school choice programs,” such as the use of education savings accounts or tax credit “scholarships.” The committee will also monitor the implementation of recent legislation that changed the minimum instructional requirements for students from days to minutes and House Bill 1842, which changed accountability sanctions and interventions and created the means for school districts to become Districts of Innovation.

Thursday, Sept. 15 has the Senate Finance Committee looking at property tax relief and other topics. SBOE meetings continue that day with agendas for the board’s Committees on School Initiatives, Instruction, and School Finance/Permanent School Fund.

The SBOE will wrap up its week of hearings on Friday, Sept. 16, with its regular board meeting. Review agendas and times/locations for all of next week’s SBOE-related meetings here. Stay tuned to Teach the Vote for updates on these hearings from the ATPE lobby team next week.

 


ThinkstockPhotos-470725623_voteYou’ve probably heard about a little election that is scheduled to take place in November. Much is at stake in the general election for those with an interest in public education. Remember that you still have about a month left to register to vote if you or someone you know is not yet registered. Register by Oct. 11 in order to make sure your vote is counted in November. It’s important!