Tag Archives: SB 7

Senate Education passes first bills out of committee

Senate Education Committee meeting March 19, 2019.

The Senate Education Committee met Tuesday to consider several bills and pass its first bills of the legislative session. Members voted the following bills out of committee:

  • SB 244 by Creighton (6-2, with Sens. ‬Powell and West opposing), which would expand the number of school marshals allowed to one per district or charter campus and would remove the cap altogether for private schools.
  • ‪SB 477 by Creighton (8-0, placed on the local and uncontested calendar), which would create a standard renewal date for all school marshal licenses.
  • SB 811 by Hughes (6-2, with Sens. Powell and West opposing), which would create an immunity from liability for school districts that employ armed security personnel, including retired police officers and school marshals, from any damages that arise from any “reasonable action” taken by those personnel.

Members heard testimony on a number of bills, including several that revisited educator misconduct issues addressed during the 2017 legislative session.

Senate Bill (SB) 1256 by state Sen. Paul Bettencourt (R-Houston) builds upon the original work done by SB 7 from the 85th Texas Legislature. The bill would expand the ability to track teachers who have been involved in illicit relationships with students to non-certified teachers and school employees by creating a separate registry managed by the Texas Education Agency (TEA). The bill would also allow TEA to close charter schools and revoke district of innovation (DOI) status for districts that fail to comply with the new law. ATPE supported this bill for thoughtfully filling in the gaps left by SB 7, which ATPE supported in 2017.

SB 1230 and SB 1231 by Bettencourt also build upon SB 7 by pulling in private schools and by expanding child abuse and neglect reporting requirements to private schools and charters, respectively. SB 1476 addresses reporting requirements to the State Board for Educator Certification (SBEC) when an educator has been found to be wrongfully accused of misconduct. ATPE supported this bill.

A related bill, SB 933 by Bettencourt, would create an office of inspector general (OIG) within TEA with the ability to investigate districts and charter schools for potential fraud, waste, and abuse. The committee approved an amendment that expanded the inspector general’s purview to include the agency itself, which is in line with other agency offices of inspector general. Sen Kirk Watson (D-Austin) questioned the cost of creating and staffing an entirely new investigatory division and the veracity of the accompanying fiscal note that stated it would cost the state nothing.

SB 458 by Sen. Joan Huffman (R-Houston) would add sexual abuse, human trafficking, and other maltreatment of children to the list of training topics required of public school board members.

Members also discussed SB 316 by Sen. Bryan Hughes (R-Mineola), which would allow the state office of attorney general (OAG) to defend a teacher in a civil suit “as a result of an act that the teacher in good faith believed was incident to or within the scope of the teacher’s duties if the attorney general determines that the teacher acted in good faith.” Sen. Royce West (D-Dallas) asked whether a teacher has the ability to waive the attorney general’s offer and use their own representation. Sen. Watson raised important questions about the subjective interpretation of “scope of duties” and “good faith.” ATPE submitted neutral written testimony that raised similar concerns, along with important considerations regarding legal timelines that could leave teachers in the lurch.

Sen. Judith Zaffirini (D-Laredo) offered SB 54, which addressed students participating in regional day school programs for the deaf; SB 522, relating to the development of a individual education programs (IEP) for a student with a visual impairment; and SB 895, relating to the language acquisition of children eight years of age or younger who are deaf or hard of hearing.

Sen. Kel Seliger (R-Amarillo) offered SB 213, which would repeal the sunset on individual graduation committees (IGC). Currently, a student who fails one or more STAAR tests required for graduation may ask for an IGC to weigh their overall student career and potentially allow them to graduate. This ensures children who are otherwise strong students but may have performed poorly on STAAR for a variety of reasons are not handicapped by the refusal of a high school diploma. Under current law, students will lose this option after the 2018-2019 school year. ATPE supported this bill as an important safety measure, in particular when recent investigations have thrown the validity of the STAAR test itself into question.

SB 364 by Sen. Watson would require TEA develop model policies on the recess period during the school day that encourage constructive, age-appropriate outdoor playtime. The model policies must include guidelines for outdoor equipment and facilities on public school campuses that maximize the effectiveness of outdoor physical activity. ATPE supported this bill.

SB 372 by Sen. Donna Campbell (R-New Braunfels) would allow charter schools to employ security personnel and commission peace officers.

SB 435 by Sen. Jane Nelson (R-Flower Mound) would add opioid addiction to the list of topics covered by local school health advisory councils (SHAC).

 

 

Senate Education committee holds final interim hearing

The Senate Education Committee met today in its final interim hearing before kicking off the legislative session in 2019. The agenda included a discussion on mandate relief and innovation as well as an update on the implementation of two bills pertaining, respectively, to the Pathways in Technology Early College High School (P-TECH) program and educator misconduct.

The committee spent the majority of their time on the mandate relief discussion, which was guided by the following interim charge:

Mandate Relief/Innovation: Review, modify, or abolish chapters of the education code. Specifically, study cost-drivers, unnecessary mandates, reduction/elimination of inefficiencies, focus on policies or opportunities targeted to improving student outcomes, and better utilization of taxpayer resources.

The invited panel of witnesses primarily included members of a work group convened this year by Lt. Gov. Dan Patrick. The group was tasked with agreeing to changes to the Texas Education Code that provided mandate relief or innovation. The group consisted of a variety of education stakeholders, including ATPE, and ultimately agreed upon 20 recommendations (only unanimously agreed upon recommendations were advanced) for the 86th Legislature to consider in 2019.

The group’s work included considerations on data reporting, school operations, teacher quality, and classroom conduct, among other categories. The work did not include mandate discussions related to accountability or assessments. The official work group report will be released soon.

Regarding the innovation piece of the charge, ATPE member Aletha Williams testified in her capacity as a Teach Plus Texas fellow. She spoke about the importance of quality mentoring programs for teachers, saying that “when teachers receive quality mentoring at the beginning of their teaching career, they are much more likely to stay in the profession and become highly qualified educators.” While Texas has seen mentoring programs in the past, such a state-wide, funded program would currently be a new and welcomed addition.

The committee also monitored the implementation of last year’s Senate Bill (SB) 22 pertaining to the P-TECH program and SB 7 regarding inappropriate relationships between students and educators. The Texas Education Agency (TEA) offered invited testimony on the educator misconduct piece, saying the number of reports has risen since SB 7 was enacted, and increasing the reporting was the intent of the legislation. TEA also highlighted the issue of uncertified educators, which are on the rise due to laws like Districts of Innovation that enable many districts to exempt themselves from requirements to hire certified teachers. TEA and the State Board for Educator Certification (SBEC) lack jurisdiction over these uncertified school employees when it comes to sanctioning inappropriate relationships and other educator misconduct.  Some senators again raised their desire for a “Do Not Hire Registry,” confirming a bill to implement such a registry would be filed in the upcoming session.

An archived video of the full hearing can be found here.