Tag Archives: SBOE

Highlights of the Oct. 9 SBEC meeting

The State Board for Educator Certification (SBEC) met today to take up several agenda items, including final adoption of a new, ATPE-supported rule that will eliminate the expiration date of the Legacy Master Teacher certificates. ATPE testified against another proposal that would lower the security and reliability of discipline-related communications made by the Texas Education Agency (TEA) to educators.

Highlights:

  • Final approval of Legacy Master Teacher lifetime certificates sends the proposal to the SBOE.
  • Extension of the EdTPA pilot into a third year.
  • Positive discussion of adding K-12 representatives, including ATPE, to advisory committee.
  • Board cautiously moves forward with discussion of discipline-related email communications to educators.

ATPE Lobbyist Andrea Chevalier testified against a discussion-only proposal that would substitute email for certified and regular mail methods of communications used by TEA during the disciplinary process. TEA justified the change by citing that email is more modern and will save the agency money. Chevalier argued that disciplinary communications carry deadlines and serious consequences for educators and their careers, making it inappropriate to use email, which is not federally protected like regular mail, can be impacted by spam filters and hackers, and does not have a reliable proof of receipt mechanism, unlike certified and registered mail. Chevalier said the change would open the door to litigation by educators who feel their due process rights have been violated. Read Chevalier’s written testimony here and view her oral testimony here (at the 2:00:00 mark).

After a lengthy process initiated by ATPE last year, the board unanimously adopted new language that will effectively transition the Legacy Master Teacher certificate into a lifetime certificate. After being reviewed at the November State Board of Education (SBOE) meeting, the changes are expected to take effect at the end of December 2020. TEA has stated that they will reach out to all impacted educators. Read our written testimony in support of this change here.

Items adopted by the board:

  • The four-year rule review of 19 Texas Administrative Code (TAC) Chapter 234, which provides requirements relating to certification and preparation for members of the military community.
  • Changes to the Accountability System for Educator Preparation Programs (ASEP) allowing EPPs to be “Not Rated: State of Disaster” for 2019-20, include a third indicator accounting for student achievement, provide an index system that combines the five performance indicators into an index for purposes of accreditation, and update the ASEP manual.
  • Changes to the assignment rules to update references to “legacy” master teacher certificates and to incorporate course changes approved by the State Board of Education (SBOE) such as ethnic studies and the consolidation of CTE and Technology Applications courses.
  • The five-year continuing approval of 16 EPPs based on the results of their 2019–20 reviews.
  • The extension of the edTPA performance assessment pilot period for an additional, third year during which new pilot participants can be admitted.
  • The approval of these SBEC meetings dates in 2021:
    • February 12, 2021
    • April 30, 2021
    • July 23, 2021
    • October 1, 2021
    • December 10, 2021

Items discussed by the board:

  • Proposed amendments regarding how individuals licensed in other states may obtain a standard Texas educator certificate, providing for a temporary one-year certificate in certain cases.
  • TEA staff provided an update on the Science of Teaching Reading (STR) examination requirement transition, stating that only 70 out of 122 EPPs that offer STR-impacted certification areas have submitted attestations that they are able and ready to prepare candidates for the new STR exam requirements beginning January 1, 2021. Test development for new certification areas such as Special Education EC-6 and DeafBlind will be discussed at a future meeting.
  • TEA staff also discussed a proposal to change the composition of the Educator Preparation Advisory Committee (EPAC), the only standing committee that advises on SBEC matters, to include more K-12 representation in addition to EPPs. The proposal includes a provision calling for a representative from ATPE to be included on the committee.

At the end of the meeting, newly appointed board member Julia Dvorak requested that a special work session be convened to look at administrative rules on contract abandonment and equity in contract abandonment.

TEA gets federal funding to grow charters and approves one controversial charter chain’s expansion

Mike Morath

Texas Education Commissioner Mike Morath approved the controversial expansion of IDEA, one of the state’s largest charter school chains, to 12 new campuses in 2021.

The commissioner announced his decision last week despite 18 education organizations, including ATPE, calling for a moratorium on the expansion of taxpayer-funded charter school chains while the state faces a $4.6 billion budget deficit caused by the economic recession. This recession threatens the funding of existing public schools, which must contend with both the economic conditions and educating 5.4 million students during the global COVID-19 pandemic.

The commissioner denied 15 of the 27 new campuses proposed by IDEA, but approved two new campuses in Odessa, two in La Joya, two in San Antonio, two in El Paso, two in Fort Worth, and two in Lake Houston. This will increase IDEA’s maximum enrollment by 15,000 students. Over the last four years, IDEA has expanded to 62 new campuses. Funded by Texas taxpayers, the charter chain has since doubled its budget, including spending on lavish executive salaries, private jets, and a luxury suite for the San Antonio Spurs.

Charter school chains differ from traditional public schools in the way they are funded and governed. While charter chains are run by private, unelected boards and are often tied to for-profit, out-of-state charter management organizations (CMO), they are funded almost entirely by state tax dollars. Independent school districts (ISD) are funded in part by the state and in part by local taxes. This means that charter chains cost the state more money per student than ISDs, to the tune of millions of dollars, depending on the size of the chain.

Under U.S. Education Secretary Betsy DeVos, a longtime proponent of school privatization, the U.S. Department of Education has placed an increasing focus on diverting federal tax dollars to charter chains. On Friday, the department announced it had designated more than $131 million in federal funding to expand charter chains nationwide, $33 million of which will go to expanding charter chains in Texas. The largest tranche of this federal funding went to the Texas Education Agency (TEA). The department awarded more than $23 million to the TEA for charter expansions and $10 million to the Texas Public Finance Authority, which allows charter chains to obtain public financing through taxpayer-backed bonds.

ATPE and other education organizations have pointed out that it is irresponsible to pour scarce tax dollars into expanding these privately run business ventures while the state faces a $4.6 billion budget shortfall that could result in less state funding for local schools — potentially leading to layoffs or other negative consequences to the public education system.

In September, the State Board of Education (SBOE) vetoed three of the eight new charter school chains TEA proposed to establish in Texas. The elected SBOE has the authority to determine whether a new chain is allowed to open for businesses in Texas. However once a new chain is established, the unelected commissioner has sole discretion over future expansions. The Texas Legislature could make charter chains more accountable to voters and taxpayers by expanding the SBOE’s veto authority to charter chain expansions as well.

 

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

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


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

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

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

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

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

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

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

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

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


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


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

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


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


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


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

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



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

SBOE vetoes three proposed charter chains

The State Board of Education (SBOE) formally vetoed three applications to operate new charter school chains in Texas on Friday. The Texas Education Agency (TEA) had recommended eight new charter chains for approval at this week’s SBOE meeting.

The board has veto authority over new charter school operators. Members voted to veto Heritage Classical Academy in Houston and Rocketship Public Schools in Fort Worth. The board tentatively approved CLEAR Public Charter School in San Marcos at Thursday’s meeting, but reversed course and voted to formally veto the application Friday morning.

The board narrowly approved five of the eight charter chains recommended by TEA: Brillante Academy in McAllen, Doral Academy of Texas in Buda, Learn4Life Austin, Prelude Preparatory Charter School in San Antonio, and Royal Public Schools in San Antonio.

ATPE joined with numerous public education organizations this week in asking the board to veto all of the proposed new charter chains while Texas faces a $4.6 billion budget shortfall due to the economic recession driven by the COVID-19 pandemic and the volatile oil and gas market. This echoes a request ATPE and public education organizations made earlier this year to the commissioner of education to place a moratorium on charter chain expansions, which do not have to be approved by the SBOE.

SBOE tentatively approves 6 new charter chains

The State Board of Education (SBOE) narrowly voted to give tentative approval to six of the eight new charter school chains the Texas Education Agency (TEA) has recommended for approval this year.

A sharply divided board advanced Brillante Academy in McAllen, CLEAR Public Charter School in San Marcos, Doral Academy of Texas in Buda, Learn4Life Austin, Prelude Preparatory Charter School in San Antonio, and Royal Public Schools in San Antonio by a preliminary vote Thursday evening.

Members voted to veto Heritage Classical Academy in Houston and Rocketship Public Schools in Fort Worth. The board will take a final vote on the charter applicants in Friday’s formal meeting.

ATPE joined multiple education organizations in asking the board to consider whether spending tax dollars on new charters is the right thing to do at this moment. The board has the authority to veto new charter applicants.

Texas Comptroller Glenn Hegar has warned Texas is facing a $4.58 billion shortfall heading into the next budget cycle due to the economic recession driven by the COVID-19 pandemic and volatile oil market. The eight charter chains up for approval at this week’s meeting are projected to cost the state an additional $12 million per year.

On Wednesday, Texas Education Commissioner Mike Morath downplayed the idea that $12 million a year is a significant sum, but $12 million could cover the salaries of more than 200 educators at risk of being laid off due to the economic recession caused by COVID-19.

Once initially approved, charter chains are able to expand exponentially without need for approval from the SBOE, or any other elected official. More than 90 expansion amendments have been filed this year which could cost the state an additional $90 million annually. TEA has already approved at least 62 expansion amendments so far this year.

Among the eight charter chains up for approval this week are operators based in New York, Florida, and California. These states would be the recipients of Texas taxpayers’ dollars if these charter chains are approved.

ATPE joined with other education organizations earlier this year in calling for a moratorium on charter expansions. The same rationale applies to ATPE’s recommendation that the board deny the eight charter applications at this time.

Morath pitches new charters to skeptical SBOE

The State Board of Education (SBOE) is meeting in person this week to tackle a packed scheduled that includes discussion of Texas Essential Knowledge and Skills (TEKS) curriculum standards for science, physical education, and health. The board is also discussing whether to approve and spend state tax dollars on eight new charter school systems recommended by the Texas Education Agency (TEA).

The board spent Tuesday hearing from hundreds of people voicing their opinions about the TEKS up for discussion. After a 13-hour day of testimony, the board resumed business Wednesday with its regularly scheduled update from Texas Commissioner of Education Mike Morath.

Commissioner Morath began Wednesday with a status report on reading academies, which all kindergarten through third grade teachers must complete by the 2022-23 school year. There are 20,000 teachers in more than 500 cohorts currently participating in the academies through 38 authorized providers.

The commissioner focused the majority of his presentation on a preemptive defense of the eight new charter schools he is recommending the SBOE approve this week. The board holds veto authority over all new proposed charter organizations, but that veto does not apply to individual campuses or expansions once an initial charter organization is approved. A bipartisan collection of members sharply questioned Morath over charter policy and the numbers used in his sales pitch Wednesday.

In response to a question by Member Tom Maynard (R-Florence), the commissioner said the total number of charter schools has grown from 484 in 2017 to 553 in 2019. The commissioner downplayed the total cost of charter schools, which Member Matt Robinson (R-Friendswood) pointed out are completely funded by state dollars through the Foundation School Program (FSP). This makes charter schools significantly more expensive to the state than traditional independent school districts (ISD), which are funded by a combination of state, local, and other funds.

The eight new charters the commissioner is proposing are estimated to cost the state $12 million per year once they are operating at capacity. This does not include the additional cost once they expand to additional campuses. Charter schools have submitted more than 90 expansion applications to TEA this year alone, which could cost the state an additional $90 million per year. At least 62 have been approved so far.

Member Robinson also noted that Texas faces an $11 billion decline in state revenue as a result of the economic recession driven by COVID-19. This has placed unprecedented stress on the state budget, prompting state leaders to call for 5% across-the-board cuts at state agencies. Robinson pointed out that despite this fiscal crisis, Commissioner Morath has increased the number of new charter schools he is proposing to open at the state’s expense from five last year to eight this year.

Member Pat Hardy (R-Fort Worth) added that some of the charters currently up for approval are based in California and New York. Member Hardy asked the commissioner, “How do we talk to taxpayers about sending tax dollars out of state?” Morath replied that the economy is globally interconnected. Member Hardy also asked whether only the top-performing schools are approved for expansion, leading the commissioner to state that while D- and F-rated charters were allowed to expand in the past, he believes they are no longer being allowed to grow.

“Is this the right year to be playing Shark Tank?” asked Member Ruben Cortez (D-Brownsville), comparing the proposed spending of state dollars on additional charter school experiments to the well-known TV show where inventors of new products pitch their ideas to investors.

Many of the board members’ concerns about spending state dollars on new charter schools at a time when Texas school districts are needing additional resources to combat the effects of the COVID-19 pandemic mirror those of ATPE and other organizations. Back in April, ATPE joined a coalition of 18 organizations that wrote to Commissioner Morath asking for a moratorium on charter expansions this year.

During today’s discussion, Member Georgina Perez (D-El Paso) echoed previous concerns about the higher state cost of funding charter schools, which the commissioner’s presentation to the board omitted. Perez added, “There’s a lot of good information you could be sharing, but this just isn’t it.”

Member Pam Little (R-Fairview) raised the issue of charters schools sending students with disciplinary issues back to their local ISD, while money stays with the charter. Commissioner Morath disputed Little’s characterization of the process.

Finally, Member Lawrence Allen (D-Houston) asked the commissioner a separate series of questions relating to educators. Asked by Member Allen whether TEA is collecting data on teacher retention under the threat of returning to school during the pandemic, Morath answered that the agency will not have that info until next September or October of 2021. Asked about resignations outside of the no-fault window, Morath suggested there are “a variety of exceptions” that will be handled on a case-by-case basis through the State Board for Educator Certification (SBEC).

Following the commissioner’s comments, the board turned its attention to the Permanent School Fund (PSF). The board approved a $300 million one-time payment to the Available School Fund (ASF) via the real estate special fund account (RESFA) in order to support districts and cover the state’s obligations under last year’s House Bill (HB) 3. The board also tentatively approved a 4.0% distribution rate to the ASF for the 2022-23 biennium.

Members then spent the remainder of the day debating changes to the TEKS that were up for discussion on Tuesday. Any unfinished business from Wednesday’s meeting will be taken up following a public hearing scheduled for Thursday morning over the new charter applicants. Stay tuned to ATPE’s Teach the Vote blog for updates on the board’s actions this week.

Teach the Vote’s Week in Review: Sept. 4, 2020

This weekend we celebrate Labor Day in America. The essential work of public education has never been more prominent, and ATPE thanks all educators and staff for their service! Here is a summary of this week’s education news from ATPE Governmental Relations:


CORONAVIRUS UPDATE: This week, the Texas Education Agency (TEA) launched “Project Restore”– a six-part webinar series that provides trauma-informed mental health training to teachers. The training is meant to help teachers not only reach their students, but also work out their own COVID-induced stresses. TEA also made several smaller updates to other aspects of its COVID-19 resource page. Read ATPE Lobbyist Andrea Chevalier’s blog post for more.

ATPE has been working hard to facilitate information-sharing during the pandemic. Be sure to check out our COVID-19 FAQs and Resources for new answers to commonly asked questions, watch our easy-to-understand webcasts on educator rights and leave options and disability accommodations, and explore our interactive pandemic timeline. For opportunities to take action, ATPE members can use Advocacy Central to communicate with elected officials, and anyone can take our survey on parent-teacher collaboration.


ELECTION UPDATE: H-E-B grocery store owner and public education advocate Charles Butt wrote  to the Texas Supreme Court this week, supporting Harris County’s decision to send vote-by-mail applications to its residents. Butt says in the letter, “It’s always been my impression that the more people who vote, the stronger our democracy will be.” For more on the letter and the Texas Senate District 30 special election on September 29, see this blog post by ATPE Lobbyist Mark Wiggins.


States and schools should not expect a federal waiver of testing requirements this year, according to President Trump’s education secretary. Betsy DeVos wrote a letter to chief state school officers on Wednesday with this warning, urging them to demonstrate their “resolve” by continuing to administer standardized tests to students. ATPE is among countless organizations that have called for a waiver of testing requirements this year amid lingering effects of the COVID-19 pandemic. Read more in this blog post from ATPE Governmental Relations Director Jennifer Mitchell.


With more Texans considering mail-in voting for the November general election, ATPE has developed a set of tips and social media graphics to help voters understand what is required. Check out our new resources on applying for a mail-in ballot in this new blog post by ATPE Senior Lobbyist Monty Exter. Find out if you meet the eligibility requirements to apply for a mail-in ballot, and submit your application by Sept. 19 to ensure you will have enough time to cast your vote.


The State Board of Education (SBOE) held a virtual meeting this week where they received an update on the performance of the permanent school fund (PSF) and advanced a new Texas Essential Knowledge and Skills (TEKS) subchapter on positive character traits, as required by House Bill (HB) 1026 passed by the 86th Texas Legislature in 2019.

According to Texas Education Agency (TEA) staff and outside consultants hired to help monitor the fund’s investments, the PSF is in good health and slowly recovering from the economic recession sparked by the COVID-19 pandemic. Focus has recently turned to management of the fund, which is split between the SBOE and another state agency. An outside consulting firm delivered a report to the board this week with recommendations aimed at improving management.

The board’s 15 members are scheduled to return to Austin in person on Tuesday for a week-long meeting that will address curriculum standards for science and health education, as well as whether to open more charter schools during the COVID-19 pandemic. Read more about this week’s SBOE meeting in this post by ATPE Lobbyist Mark Wiggins.


ATPE is asking state officials to take a closer look at planned education spending cuts that could unnecessarily hurt at-risk students. An article in the Austin American-Statesman this week revealed a summary from the Legislative Budget Board that shows how state agencies plan to cut their spending by 5% this year, as directed by state leaders back in May. The planned reductions in K-12 education spending for 2020-21 include across-the-board cuts to several state-funded programs and initiatives, although most of the education budget was exempted from the order to withhold funds. The Windham School District and Juvenile Justice Alternative Education Programs (JJAEPs) would see reduced funding this year, as would Communities in Schools programs that serve at-risk students. ATPE issued a press statement today urging state officials to consider more strategic reductions in this year’s spending that would cause fewer negative impacts on Texas’ most vulnerable students.

SBOE holds abbreviated virtual meeting this week

SBOE virtual meeting, Sept. 1, 2020

On Tuesday, Sept. 1, the State Board of Education (SBOE) met for the first of two virtual meetings this week in order to clear a handful of less controversial items from the board’s agenda before all 15 members meet in person next week. The board discussed the next round of requirements for instructional materials and held separate meetings in their various committees.

The board’s Committee on School Finance/Permanent School Fund (PSF) received a report on management of the PSF by investment consulting firm RVK. The report is a result of House Bill (HB) 4388 which required the Texas Education Agency (TEA) to conduct a study regarding PSF distributions.

The PSF provides the state’s share of funding for public schools in Texas. The majority of the PSF is managed by the SBOE, but a portion of the fund consisting of real estate investments is managed by the School Land Board (SLB) under the General Land Office (GLO). The 86th Texas Legislature in 2019 examined the split management structure of the fund after a dispute arose between the SBOE and SLB over changes the SLB made to the way it has typically distributed funds.

The consultants determined that the sustainable distribution rate from the total PSF is between 3.26% and 3.46% based on current market conditions, current capital markets forecasts, current investment strategies, and a review of other key variables. That breaks down into 3.2% from the portion of the fund managed by the SBOE and between 5.28% and 5.70% from the portion of the fund managed by the SLB.

Since 2003, the PSF has grown at an annual rate of 3.1% on average, while assets per student have increased by 1.3%. Distributions per student on a real basis have fallen 1.4% since 2003 but have grown 3.8% over last 10 years. Total distributions from both the SBOE and SLB have remained largely constant over the last 10 years, at around 3.3%.

The PSF’s stated goal is to achieve intergenerational equity, but the consultants noted, “There is a distinct lack of clarity in precisely how intergenerational equity is to be defined.” The report also concluded that distributions will likely vary year to year because of the unpredictability of distributions from the SLB’s portion of the fund, and suggested the state consider a rules-based methodology for distributing funds, which is common practice in other states.

Agency staff in charge of overseeing the PSF said the fund is recovering from the economic recession caused by the COVID-19 pandemic. BNY Mellon Asset Servicing presented members a with the fund’s second quarter report, which concurred that markets are improving. That said, the fund underperformed against the PSF benchmark and ranked in the 43rd percentile among peer funds greater than $1 billion for the quarter.

After TEA staff assured members that the fund has met the performance requirements established in law in order to protect the fund’s long-term health, the committee voted to make a distribution of $1.1 billion that will be available to schools for fiscal year 2021.

The board will meet again on Wednesday to discuss and approve items considered in today’s committee meetings. Members are scheduled to meet in person for a more extensive agenda next week.

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

Sales Tax Free Weekend in Texas starts today and ends Sunday, August 9. Enjoy shopping online, by mail, or in-person (be safe!) as you gear up for the school year with some new clothing and supplies. Before you make your shopping list, check out this week’s wrap-up from the ATPE Governmental Relations team:


Abbott holds press conference on August 4, 2020. (Source)

CORONAVIRUS UPDATE: With congressional negotiations over additional COVID-19 relief legislation at the federal level apparently stalled this week, schools around the country are starting the new school year with lingering concerns about the availability of resources. Here in Texas, Gov. Greg Abbott made a few media appearances this week, mostly reinforcing state actions pertaining to the start of the new school year. On Monday, Abbott told KXAN that teachers should not be concerned with the safety of the school setting, claiming teachers have ther option to teach virtually for “months on end.” As ATPE has been reporting on state guidance issued and revised over the past month, school districts are limited to a maximum of eight weeks of primarily remote learning without risking state funding. Districts are adopting varied remote learning models and are not necessarily offering all teachers the option to teach remotely. ATPE Board Member Christie Smith was featured in KXAN’s story, saying that even though she is eligible for retirement, she is staying in her position to maintain health benefits and job security.

At a Tuesday press conference, Gov. Abbott stressed that local school officials are best equipped to make decisions about when and how to return to school, and he ensured PPE will be provided to districts at no cost. While Abbott stated that Texas has distributed more than 59.4 million masks, 24,000 thermometers, 568,000 gallons of hand sanitizer, and 511,000 face shields to Texas schools, many argue that this allocation will not meet the needs of students and staff for an extended period of time. Commissioner of Education Mike Morath has also said previously that schools should purchase additional PPE beyond what the state is providing. On Thursday, Gov. Abbott held another press conference to discuss considerations for flu season, mainly noting that COVID-19 preparations, precautions, and heightened hygiene and mask wearing practices should make this the tamest flu season yet. Abbott maintained that although COVID-19 vaccines will not be available this fall, flu vaccines are available and “treatments” for COVID-19 are increasingly available.

ATPE Senior Lobbyist Monty Exter participated in a town hall on school reopening this week with Dr. Eliz Markowitz. Exter emphasized the need for creativity and collaboration among district leaders, parents, and educators, as well as the need for consistent and clear state leadership. Other panelists included SBOE member and physician Dr. Matt Robinson and renowned education author Dr. Diane Ravitch.

The ATPE COVID-19 FAQs and Resources page has frequently-updated answers to common questions from educators. Also be sure to check out ATPE’s recent legal webinaron COVID-19 with  explanations of many issues facing educators during the pandemic. ATPE members can also use Advocacy Central to communicate with their elected officials regarding concerns about school reopening and other issues.


ELECTION UPDATE: Former Travis County Judge Sarah Eckhardt formally took office as state Sen. Sarah Eckhardt (D-Austin) last Friday, filling the seat in Senate District (SD) 14 left open by former state Sen. Kirk Watson. Eckhardt finished the July special election with the most votes, but just under the 50% threshold needed to win the election outright. She was headed to a runoff with state Rep. Eddie Rodriguez (D-Austin), until Rep. Rodriguez bowed out of the race. Sen. Eckhardt will fill out the remainder of Watson’s term, which is set to expire in 2022.

John Lewis 📷 Library of Congress

As the nation mourned the passing of civil rights icon U.S. Rep. John Lewis (D-GA), we were reminded of what the congressman had to say about the power of voting to bring about positive change. “My dear friends,” he told a Charlotte, North Carolina, audience in 2012, “Your vote is precious, almost sacred. It is the most powerful nonviolent tool we have to create a more perfect union.”

It’s never too early to start preparing for the next election, which falls on November 3. Gov. Abbott extended early voting by an additional week, which means the polls now open on October 13 and early voting runs through October 30. That means voting begins in just two months!

Our friends at the Texas Educators Vote coalition have put together a handy checklist to make sure you’re ready. October 5 is the deadline to register in time to vote if you haven’t already, so step one is checking to see if your registration is up to date. If you are eligible and plan to vote by mail, apply as soon as possible and return your completed ballot at the earliest possible opportunity. This will help avoid delays in the mail service like we saw during the runoff elections. Finally, don’t forget to head over to the candidates section here at Teach the Vote and research who’s running in your area. And make sure your friends do the same!


David Pore

FEDERAL UPDATE: ATPE Immediate State Past-President Tonja Gray and new State President Jimmy Lee finished a round of virtual meetings with the Texas congressional delegation last week. Along with the ATPE Governmental Relations team and our federal lobbyist, David Pore, Gray and Lee met with several members of the Texas delegation to talk about current issues of concern to educators. Read more about the meetings in this blog post written by Pore.


The Texas Education Agency (TEA) recently posted the adopted Commissioner’s rules for the Local Optional Teacher Designation System under the Teacher Incentive Allotment, which was created by last year’s House Bill 3. The rules incorporated several suggestions made by ATPE during the public comment phase of the rule-making process back in May. These changes include a reference to the statutory definition of educator within the rules, a clarification of the eligible role codes for teachers to earn or receive designations, the requirement of an implementation plan in response to annual surveys about the designation system, and other clarifying language on teacher eligibility and the approval process for district plans.


School nutrition has been one of the many challenges incurred by the public education system since the COVID-19 pandemic began and schools were forced to close their doors. In the spring of 2020, school districts continued to pay nutritional services staff while taking on higher costs associated with food delivery and menu changes to make more hygienic and simple grab-and-go options for families. At the same time, and even with waivers in place, fewer students accessed school meals. This double-whammy created a financial strain for districts, which run a nearly net-zero food operation. Without more waivers or funding, districts could be looking at a tough year for food service in 2020-21, which isn’t good news for students who rely on the school for this basic necessity. Read more about nutrition and COVID-19 in this blog post by ATPE Lobbyist Andrea Chevalier.


The U.S. Census Bureau announced this week that field data collection will end one month early, on September 30 rather than October 31. Census Bureau Director Steven Dillingham insisted that the remaining weeks of field work, which are crucial to an accurate count of hard-to-count communities, will be handled with diligence in order to provide apportionment counts by the statutory deadline of December 31, 2020. Texas currently ranks #39 in the nation with a self-response rate of 58%. Without a complete count, Texas risks an imbalanced and inaccurate congressional representation, non-representative redistricting, and funding cuts to programs that benefit all Texans, such as roads and public education. Encourage everyone you know to complete their census questionnaire and have their own network complete the census, too. It is easier than ever and can be completed online. Read more about this recent development in this census reporting by the Texas Tribune.


The closure of the Texas State Capitol on account of the COVID-19 pandemic has hampered the ability of state legislative committees to conduct their interim work. On July 16, Texas House Speaker Dennis Bonnen notified House committees of their options for carrying out interim committee business during COVID-19. One of the options is to post “formal requests for information” on the House website so that committees can gather written information from the public and post it publicly in lieu of holding an in-person hearing. Several House committees posted formal requests for information this week, including the House Higher Education Committee, House Pensions, Investments, and Financial Services Committee, and House Appropriations Article III subcommittee.

The Texas Senate has not yet provided notice on planned committee proceedings options during the pandemic. However, the Senate Finance Committee has gone ahead and released its interim report this Friday afternoon. In addition to general finance discussions, the report includes some recommendations for investment strategies of state funds such as the Teacher Retirement System (TRS) pension fund and the Permanent School Fund. Stay tuned to Teach the Vote on Monday for a more detailed look at the interim committee report released today.

Texas election roundup: Runoff results are in!

Numbers are in from Tuesday’s primary runoff elections across the state. On a day that raised serious questions about the state’s ability to hold an effective election during the COVID-19 pandemic, there were a few surprise wins and losses. Some mail ballots had yet to be counted early Wednesday morning. Because of this and issues with reporting by the Texas Secretary of State’s office, which documents election results, these results remain unofficial and subject to change.

U.S. Senate

In the marquee race on the Democratic runoff ballot, U.S. Air Force veteran MJ Hegar defeated state Sen. Royce West (D-Dallas) 52% to 48%. Hegar will face Republican U.S. Sen. John Cornyn in the November election. Sen. West will continue to serve out his term as a state senator.

State Board of Education (SBOE)

Two SBOE primary races resulted in a runoff that concluded last night. Both races are for open seats where the incumbent is not seeking re-election.

Michelle Palmer defeated Kimberly McCleod in the Democratic runoff for SBOE District 6, which represents Houston. Palmer will face Republican Will Hickman and Libertarian candidate Whitney Bilyeu in November. The seat is currently held by Donna Bahorich (R-Houston), who is not running for reelection.

Republican Lani Popp defeated controversial candidate Robert Morrow in the District 5 GOP runoff. Popp will face Democrat Rebecca Bell-Metereau and Libertarian candidate Stephanie Berlin in in November. Notably, Popp had been endorsed by all sitting Republican members of the board, including incumbent Ken Mercer (R-San Antonio). SBOE Chair Keven Ellis (R-Lufkin) weighed in on the race Tuesday morning via Twitter with one of the day’s less subtle endorsements:

Texas House of Representatives

Several Texas House incumbents lost their primary runoff contests Tuesday, including several who had trailed their opponents by a substantial margin during the March primaries and a couple who had only held their House seats for a few short months.

State Rep. Dan Flynn (R-Van), who served in the House since 2002 and previously chaired the House Pensions committee, lost to repeat challenger Bryan Slaton by a vote of 37% to 63% in the House District (HD) 2 Republican runoff. Flynn had been endorsed by Gov. Greg Abbott and by the pro-public education group Texas Parent PAC. Slaton will go on to face Democrat Bill Brannon in November.

Republican Cody Vasut defeated Ro’Vin Garrett in HD 25, which is the open race for the seat currently held by outgoing House Speaker Dennis Bonnen (R-Angleton). Vasut will face Democrat Patrick Henry in November.

In a HD 26 double header, Republican Jacey Jetton beat Matt Morgan, while repeat candidate Sarah DeMerchant defeated Suleman Lalani in the Democratic runoffJetton and DeMerchant will now face each other in the fall for the seat held by outgoing state Rep. Rick Miller (R-Sugar Land) who is not seeking re-election. Voters in HD 26 have elected Republicans in the past, but the district has been trending Democratic. Beto O’Rourke won the district by 1.6% in 2018 after Donald Trump won by 4.9% in 2016. Greg Abbott won the district by more than 33% in 2014.

Republican candidate Carrie Isaac handily defeated Bud Wymore in HD 45. Isaac, the wife of former Rep. Jason Isaac, will face incumbent Democratic Rep.Erin Zwiener and Green Party candidate Dan Lyon in the November general election. This one is considered a very competitive swing district.

In another Republican match-up, Justin Berry defeated Jennifer Fleck in HD 47. Berry will go up against incumbent Democratic Rep. Vikki Goodwin along with with Libertarian candidate Michael Clark in the general election. HD 47 is yet another swing district deemed to be competitive for both major parties.

State Rep. J.D. Sheffield (R-Gatesville) fell to challenger Shelby Slawson in the HD 59 Republican runoff, 38% to 62%. Like ousted incumbent Flynn, Sheffield had been visibly supported by the governor, and he was endorsed by Texas Parent PAC over the course of multiple elections. Slawson is unopposed in the general election, making this one a “winner-take-all” runoff.

In a stern rebuke of anti-public education provocateurs Empower Texans, Glenn Rogers defeated Jon Francis in the open HD 60 GOP runoff, 52% to 48%. Rogers was supported by Texas Parent PAC and Gov. Abbott, while Francis’s campaign was bankrolled almost entirely by his father-in-law, West Texas billionaire and Empower Texans megadonor Farris Wilks. Rogers faces third-party candidate Scott Coleman in the fall.

In another Democratic runoff, Lorenzo Sanchez will go on to face incumbent Republican Jeff Leach in the general after defeating Tom Adair in the HD 67 Democratic primary. Green Party candidate Kashif Riaz will also be on the November ballot.

State Rep. Lorraine Birabil (D-Dallas) appears to have narrowly lost to challenger Jasmine Crockett by less than 100 votes in the HD 100 Democratic runoff. Birabil, who was endorsed by Texas Parent PAC, won a special runoff election in January to fill the seat previously held by Dallas Mayor Eric Johnson. Crockett moves forward unopposed in the general election, making her the presumptive winner of this seat.

Democrat Liz Campos defeated Jennifer Ramos in the HD 119 runoff. She will face Republican George B. Garza in the November election, along with Green Party candidate Antonio Padron and Libertarian Arthur Thomas, IV. The seat is currently held by state Rep. Roland Gutierrez, who is running run for the Texas Senate.

Democrat Akilah Bacy soundly beat Jenifer Rene Pool in HD 138 for another open seat. Bacy, who has been endorsed by Texas Parent PAC, will face Republican Lacey Hull in November to replace outgoing state Rep. Dwayne Bohac (R-Houston) who is not seeking re-election.

State Rep. Harold Dutton (D-Houston) defeated his challenger Jerry Davis in the HD 142 Democratic primary, 52% to 48%. Dutton, the third longest serving member in the Texas House, will face Republican challenger Jason Rowe and an independent candidate Whitney Hatter in the fall.

In HD 148, Democratic challenger Penny Morales Shaw defeated another short-term incumbent, state Rep. Anna Eastman (D-Houston) by 200 votes, 54% to 46%. Eastman won a special runoff election in January to fill the seat vacated by former state Rep. Jessica Farrar (D-Houston). Shaw will face Republican Luis LaRotta in the general election.

Texas Senate

There were two Texas State Senate runoffs in play yesterday. First, state Rep. Roland Gutierrez (D-San Antonio) defeated Xochil Pena Rodriguez in the Democratic runoff for Senate District (SD) 19 to face Republican state Sen. Pete Flores (R-Pleasanton) in the general election. Libertarian candidate Jo-Anne Valdivia will also be on the ballot in November. Sen. Flores flipped this seat that was previously held by a Democrat in a surprising special election held in September 2018.

In SD 27, State Sen. Eddie Lucio, Jr. (D-Brownsville) last night survived a primary challenge by Brownsville attorney Sara Stapleton-Barrera by a vote of 54% to 46%. Sen. Lucio, who has served as Vice Chairman of the Senate Education Committee, will face Republican Vanessa Tijerina in the general election; an independent candidate Javier Navarro also filed to run for this seat. Republican Lt. Gov. Dan Patrick congratulated Lucio on his primary win.

Many Austin-area voters also participated in a special election Tuesday. Former Travis County Judge Sarah Eckhardt appears headed to a runoff against state Rep. Eddie Rodriguez (D-Austin) after finishing with 49.7% and 33.8% of the vote, respectively. The two Democrats were the top finishers in a special election to represent SD 14, after longtime state Sen. Kirk Watson (D-Austin) resigned earlier this year to accept a post with the University of Houston.

Voter Turnout

In general, the primary runoffs exposed some deeply troubling issues with voting during the COVID-19 pandemic, ranging from problems with voting by mail, to staffing issues resulting from poll workers who refused to wear masks, to issues for voters who have tested positive for COVID-19.

A total of 660,184 Democrats and 420,960 Republicans voted early in the runoff elections for a combined turnout of 6.61%. Of those, 30% of Democrats and 24% of Republicans cast ballots by mail. Election Day turnout figures were not immediately available from the Texas Secretary of State, but 955,735 Democrats voted in the statewide runoff for U.S. Senate. There was not a statewide runoff on the Republican ballot, making comparisons difficult without official turnout numbers.