Tag Archives: school finance

Learn what’s on the ballot for the Nov. 2019 election 

What’s this constitutional election buzz all about anyway?

You’ve probably been hearing about the importance of voting in the upcoming constitutional amendment election on Nov. 5, 2019. After all, it’s not every day that Texas voters have an opportunity to revise the Texas Constitution. This year, the 86th Texas Legislature passed 10 joint resolutions that propose amendments to the constitution and require voter approval. Every Texan who is registered to vote has the right to decide whether those 10 amendments become part of the state’s constitution. But only those who actually exercise that right to vote will get to determine whether the amendments become the law of the land or simply fade away.

Before you head to the polls with family and friends, do your homework and take a minute to learn about all 10 proposed amendments. We will cover two of the proposed amendments with direct correlation to public education here. Proposition 4 (HJR 38) impacts the potential for future establishment of a state income tax, and Proposition 7 (HJR 151) increases the amount the General Land Office can distribute from the Permanent School Fund to the Available School Fund each year from $300 million to $600 million.

Proposition 4 (HJR 38) as it will appear on the ballot reads as follows: “The constitutional amendment prohibiting the imposition of an individual income tax, including a tax on an individual’s share of partnership and unincorporated association income.”

Here’s what that really means:

Texas Proposition 4 modifies the current constitutional restrictions against legislative imposition of a state income tax. The state of Texas is widely known for not imposing a state income tax. The current state constitution in Article Vlll, sections 1(c) and 24, prohibits legislators from creating an income tax unless there is a statewide vote to approve such a tax. While polling suggests that it is unlikely that Texas voters would agree to an income tax, should that change, the current constitution also mandates how the revenue from any such income tax would have to be spent: two-thirds of the income tax revenue would go toward property tax reduction, while one-third of the income tax revenue would be spent on public education. This year’s Proposition 4 is designed to make it even less likely that Texans would ever pay a state income tax by repealing the current constitutional language referring to the statewide referendum and replacing it with language that simply prohibits the imposition of an “individual income tax” at the state level. The functional effect of this change is not to make it absolutely impossible for there to be an income tax in Texas in the future, but rather to increase the legislative votes necessary to overturn such a prohibition. Two-thirds of the legislature would have to agree to letting voters decide whether or not to add a state income tax in the future if this proposition passes in November.

A vote “for” Proposition 4 would mean that you agree with the proposition to change the current language in the constitution restricting a state income tax. A vote “against” Proposition 4 means that you prefer the current language in the constitution that prohibits a state income tax unless legislators vote to allow statewide voters to reject or approve the proposed tax, which would be used to fund property tax reduction and public education.

Proposition 7 (HJR 151) as it will appear on the ballot states as follows: “The constitutional amendment allowing increased distributions to the available school fund.”

Here’s what that really means:

Proposition 7 would potentially affect the source, but not necessarily the amount, of state education spending by allowing for larger distributions from the Permanent School Fund (PSF). The PSF is an endowment established under Section 2, Article Vll, of the Texas Constitution for the financial support of public schools in Texas. Management of the fund is divided between the State Board of Education (SBOE), which oversees managing the fund’s financial investment portfolio, and the General Land Office, which through the School Land Board manages the fund’s land or real estate investments. Currently a portion of the PSF is transferred to the Available School Fund (ASF) each year to be used to purchase instructional materials for students and provide additional funding for public education. The remainder of the PSF is held for future use. Proposition 7 seeks to increase the amount of state funding for public schools being paid out of the ASF by increasing the permissible amount of the annual distribution from the PSF to the ASF from $300 million to $600 million.

This increase alone would not result in an increase in overall public education funding. Without additional statutory changes, Proposition 7 would simply reduce the amount of funding the legislature would be required to spend from other funding sources to meet the state’s obligation to fund public education. However, as we reported here on Teach the Vote over the summer, it is not clear how significantly Proposition 7, if approved by voters, might reduce the state’s need to tap into general revenue to support public schools in future legislative sessions.

Does ATPE have a position on these two proposed constitutional amendments?

No. As stated in the ATPE Legislative Program approved each year by our House of Delegates, ATPE supports a public education funding system that is equitable and adequate to provide every student an equal opportunity to receive an exemplary public education. ATPE also supports any form of state revenue enhancement and tax restructuring that accomplishes this goal. However, ATPE does not have an official legislative position specifically on banning/supporting an income tax; nor do we have an official legislative position relating to the percentage of public education funding that comes from the PSF or ASF.

What else is on the ballot?

Proposed constitutional amendments for the Nov. 2019 election in Texas

Click here to view the ballot language for all 10 of the proposed constitutional amendments along with analysis from the Texas Legislative Council. Also, our friends at the nonpartisan League of Women Voters of Texas (LWVTX) have put together a Constitutional Amendment Election Voters Guide that explains all the amendments and shares pro and con arguments along with a short video for each proposed amendment at the bottom of the page. It’s an easy-to-understand resource that ATPE encourages you to check out before you vote.

Special elections:

If you happen to live in one of three Texas House districts, you’ll also have a chance during the Nov. 2019 election to choose a new state representative. Three state representatives have resigned from their seats, necessitating special elections in those districts. The winner of each special election will serve out the remainder of the current term until Jan. 2021. Barring a special session being called by the governor, it is unlikely that those elected through November’s special election will have a chance to vote on any bills, but the winners of those special elections will be able to claim incumbent status next year, often deemed an advantage for anyone who decides to run for the same office in the regular election cycle that will take place in 2020.

These special elections for legislative seats will be taking place in House districts 28,100, and 148. In what the Texas Tribune has described as “the most closely watched race” this fall, ATPE’s lobby team has profiled the candidates seeking the House seat in district 28, which you can read here.

Other local ballot measures will vary throughout the state depending where you live. Voters can visit Vote411.org to view and print out a sample ballot showing exactly what will you will be voting on in your area.

Early voting runs from Oct. 21 through Nov. 1, and election day is Nov. 5, 2019.

Teach the Vote’s Week in Review: Oct. 11, 2019

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


ELECTION UPDATE: ATPE Lobbyist Mark Wiggins has been tracking the latest election-related announcements and news for Teach the Vote. This week, read about recent news of planned departures from the State Board of Education next year, plus a look at the election coming up on Nov. 5. Check out our latest election roundup here. Also, be sure to follow our Teach the Vote blog next week when we’ll posting everything you need to know about voting in the constitutional amendment election.


We have been reporting on the special committees formed this year to examine issues related to school safety and preventing mass violence. A series of meetings are planned around the state during the interim to hear testimony from experts and the public and generate recommendations for the Texas Legislature to address in 2021. One such committee, the Texas House Select Committee on Mass Violence Prevention and Community Safety met Thursday, Oct. 12, 2019, in Farmer’s Branch.

The 13-member committee was formed earlier this year after the deadly mass shootings in El Paso and Odessa. The committee levied criticism at several major tech companies Thursday for failing to work with law enforcement in a timely and efficient manner in order to stop potential threats of mass violence. Facebook, Google, Twitter, Amazon, and Microsoft were invited to testify, but only Facebook sent a representative. Lawmakers pressed Facebook over how quickly it is able to respond to requests for information from law enforcement, and were frustrated by the company’s inability to give a specific response. You can read a full report on Thursday’s meeting courtesy of the Dallas Morning News. The House committee is scheduled to meet again next Thursday in Odessa.


FEDERAL UPDATE: ATPE is continuing its work in Washington, DC, spearheaded by our longtime federal lobbyist, David Pore, to advocate for Social Security reform that will help Texas educators earn fair and predictable retirement benefits. In this Congress, two bills have been filed to repeal and replace the Windfall Elimination Provision (WEP), which reduces the Social Security benefits earned by many ATPE members and other public employees. Pore spoke about the bills earlier this week during a panel presentation on advocacy moderated by ATPE Governmental Relations Director Jennifer Mitchell as part of the annual meeting of the national Coalition of Independent Educator Associations.

As we first reported on Teach the Vote back in July, Rep. Kevin Brady (R–The Woodlands, Texas) has filed H.R. 3934, the “Equal Treatment of Public Servants Act” (ETPSA), which is an updated version of similar legislation he previously filed in an attempt to fix the WEP. Rep. Richard Neal (D–Springfield, Mass.) followed suit at the end of September, filing H.R. 4540, the “Public Servants Protection and Fairness Act” (PSPFA). Both bills would replace the WEP with a more predictable, proportional formula for calculating Social Security benefit payments of future retirees, and provide a monthly stipend for those workers over the age of 60 who are already retired and eligible for Social Security.

This week, ATPE issued a press release in support of both bills and urged Congress to take action on the issue. It is unclear if or when the WEP legislation might be heard this year, particularly in light of the congressional focus having shifted recently and almost exclusively toward the prospect of impeachment proceedings. Still, ATPE is thankful for the bipartisan effort being made to address the WEP. We especially appreciate the longtime work of both Congressmen Neal and Brady on this front, and their willingness to involve stakeholders like ATPE in the development of the bills. Congressman Neal chairs the U.S. House Committee on Ways and Means in which the bills would be heard, while Congressman Brady is the ranking member on the committee and its former chair.

Stay tuned to Teach the Vote for updates on our federal lobbying efforts. As a reminder, ATPE members can also use our communication tools on Advocacy Central to call or write to their representatives in Washington asking for their support of the ETPSA and PSPFA. (ATPE member login is required to access Advocacy Central.)


This week, the ATPE lobby team continued its “New School Year, New Laws” blog series with a report on how the laws enacted during the 86th Texas legislative session will impact educators’ pension and benefits. Chief among the changes enacted this year was Senate Bill 12, which will make the Teacher Retirement System (TRS) actuarially sound and allowed for the issuance of a 13th check to retirees last month. Check out the latest blog post in the series by ATPE Lobbyist Andrea Chevalier and watch for another installment on Monday.

Today, the Texas Education Agency (TEA) released a new “HB 3 in 30” video on the Blended Learning Grant Program. TEA’s ongoing video series is intended to make this year’s omnibus school finance bill, House Bill (HB) 3, more digestible by breaking out key provisions and explaining them in 30 minutes or less. Visit TEA’s HB 3 in 30 video website to watch the newest video and access others in the series.

Also related to HB 3, the commissioner of education has proposed new administrative rules to implement the new “Do Not Hire Registry” required by the bill. Public comments on the proposed rule are being accepted now through Oct. 21. Learn more about the rule and how to submit your comments here.


In case you missed it earlier this week, ATPE Lobbyist Andrea Chevalier provided a comprehensive summary of the State Board for Educator Certification (SBEC) meeting held Oct. 4, 2019. One of the most interesting discussions at the meeting was about what should constitute “good cause” for educators to abandon their contracts. The board opted to defer taking any action last week to change the criteria for SBEC sanctions in those instances, but you can expect the board members to have continuing discussions on this topic in the coming months. Read more about this and all the other matters discussed by SBEC last week in this blog post.


 

Teach the Vote’s Week in Review: Oct. 4, 2019

It’s been a busy week for the ATPE Governmental Relations team. Here’s a look at our lobbyists’ latest reporting for Teach the Vote:


Today, the State Board for Educator Certification (SBEC) met in Austin to discuss several items that would implement legislation passed by the 86th legislature earlier this year. These include the repeal of the Master Teacher certificate as required by House Bill 3, regulations pertaining to educator misconduct and reporting requirements, and new rules to allow military spouses licensed in other states to teach in Texas. ATPE Lobbyist Andrea Chevalier submitted written testimony to encourage the board to explore options for Master Teacher certificate holders, so that they can maintain their current teaching assignments once their certificates expire. ATPE also testified in support of expanded criteria for considering “good cause” in determining potential sanctions against educators who abandon their contracts. Additionally, ATPE joined the board in mourning the loss of board member Dr. Rex Peebles, who passed away last week. Watch our blog here on Teach the Vote early next week for a full recap of the meeting.


ELECTION UPDATE: In this week’s election roundup post from ATPE Lobbyist Mark Wiggins, read the latest announcements on the “who, what, and where” of various contested races on the 2020 ballot, including a retirement announcement from a member of the State Board of Education. Check out the full post here. Also, don’t forget to register by Monday, Oct. 7, if you want to vote in the Nov. 5 election. Voters statewide will be considering proposed constitutional amendments that day, and a few districts have an opportunity to elect new state representatives.

On our Teach the Vote blog this week, we’re also taking a closer look at the special election for House District 28 in the western suburbs of Houston. ATPE’s Wiggins shares information about the education stances of the candidates and why the race is drawing widespread attention. Check it out here.


ATPE continues its Teach the Vote blog series, “New School Year, New Laws,” with a post this week on professional responsibilities. ATPE Lobbyist Andrea Chevalier highlights bills passed in 2019 that relate to educator misconduct and new records retention requirements that could affect educators who store school-related information on their personal cell phones or other devices. Read the latest post in the series here.


This week’s latest video from the Texas Education Agency (TEA) in its “HB 3 in 30” series offers an explanation of the state’s new teacher incentive allotment. The incentive pay plan was one of the most hotly debated aspects of the school finance bill when it moved through the legislative process earlier this year. After ATPE and other stakeholders urged the legislature to reject earlier versions of the bill that relied too heavily on student test score data in setting the criteria for merit pay, legislators struck a deal late in the session that would offer school districts more flexibility.

Parameters of the new incentive program are spelled out in Texas Education Code (TEC), Sec. 48.112, offering school districts additional funding based upon their employment of educators designated as “recognized,” “exemplary,” or “master” teachers. Lawmakers prescribed some requirements for educators to become eligible for those merit designations in TEC Sec. 21.3521. HB 3 calls for school districts that participate in the incentive program to create a “Local Optional Teacher Designation System” containing specific criteria that each district will use to award the merit designations, but the bill also authorizes the commissioner of education to establish performance standards for those local systems.

This week, TEA issued correspondence to school administrators outlining the agency’s plans for implementation of the new teacher incentive program, sharing timelines, and providing additional resources. TEA also sent school districts and open-enrollment charter schools a survey this week, which solicits information on what type of student growth measures and other criteria are being used locally for teacher appraisals. The survey results will help guide the agency’s implementation of the Local Optional Teacher Designation System, including the commissioner’s adoption of those performance standards required by HB 3.

It is important to note that the Local Optional Teacher Designation System associated with the  allotment is only “optional” in the sense that a school district does not have to choose to seek the teacher incentive funds made available under HB 3. However, any district that does pursue funding through the teacher incentive allotment in the spring of 2020 is required to develop a Local Optional Teacher Designation System. The locally-developed designation systems “must include teacher observation and the performance of a teacher’s students,” along with any additional measures that are adopted locally,” such as evidence of teacher leadership or student surveys,” as noted in the TEA correspondence this week. HB 3 specifies that the criteria for awarding a designation must allow for the mathematical possibility that all eligible teachers may earn the designation (in other words, not limiting eligibility to a fixed percentage of the district’s teachers) and that the commissioner may not require districts to use STAAR tests to evaluate their teachers’ performance for purposes of the merit pay program.


The Teacher Retirement System (TRS) will face a sunset review in the next legislative session. Under state law, the sunset review process gives the legislature an opportunity to routinely examine the work of various state agencies and determine whether they should continue to exist. TRS is a constitutionally-mandated agency, which means it is not subject to potential closure through the sunset review process, but the review allows an opportunity for the legislature to consider recommended changes to various TRS-related laws. Before the legislature weighs in on TRS next session, the state’s Sunset Advisory Commission will gather data, take testimony at public hearings, and compile a detailed written report about TRS including recommendations for possible legislative changes affecting the agency. Between now and Dec. 6, 2019, members of the public may share their feedback about TRS with the Sunset Advisory Commission’s staff as they prepare their report. Read more about the TRS sunset review here.


In case you missed it, ATPE Senior Lobbyist Monty Exter took to our Teach the Vote blog this week to share highlights from the Texas Tribune Festival. The festival that took place last weekend in Austin featured a number of high-profile speakers and panelists. Read more about some of the sessions relating to public education in this blog post.


 

ATPE attends Texas Tribune Festival

The Texas Tribune held its annual TribFest event in Austin this past Friday and Saturday, Sept. 27-28, 2019. The festival brought together state and national candidates, officeholders, policymakers, and thought leaders to discuss a range of topics, including public education, in a series of panels and one-on-one interviews over the course of the event. ATPE Lobbyist Andrea Chevalier and Senior Lobbyist Monty Exter were on hand to engage with policy makers and other key advocates while taking in the panel discussions regarding Texas public education

At the Texas Tribune Festival, Evan Smith discussed “The Future of Education” with Texas Education Commissioner Mike Morath, Texas 2036 co-founder Margaret Spellings, 2018 Texas Superintendent of the Year Dr. LaTonya Goffney, and former President of UT Brownsville Juliet Garcia.

This year’s education line-up for the festival included panels discussing how states can more effectively work with the U.S. Department of Education, reforms coming out of Dallas ISD, challenges for rural schools and the importance of solving them, school finance considerations following the passage of House Bill 3, the “Future of Education,” and four Texas teachers giving their take on Texas public education, school choice partnerships, and standardized testing.

Texas Tribune education reporter Aliyya Swaby moderated a panel made up of four Texas teachers.

Click here to access archived live-streams of the festival’s keynote addresses and many of the one-on-one interviews, including those with Texas Congressman Will Hurd, Senator Ted Cruz, and presidential candidate Beto O’Rourke.

Teach the Vote’s Week in Review: Sept. 27, 2019

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


ELECTION UPDATE: Continuing his series of posts about news pertaining to Texas elections, ATPE Lobbyist Mark Wiggins provided an update this week on campaign announcements that continue to trickle out each week. Read the latest election-related news from ATPE here. We also recognized National Voter Registration Day this past Tuesday by encouraging educators and others to register to vote. The next big election here in Texas occurs on Nov. 5, when voters statewide will be considering a number of proposed constitutional amendments, and those in some parts of the state will be voting in special elections to fill legislative vacancies.  The deadline to register to vote in that election is Oct. 7. Early voting begins Oct. 21.


On Thursday, Sept. 26, the U.S. Department of Education (ED) announced that 362 schools around the country have been recognized as 2019 National Blue Ribbon Schools. The list of 2019 honorees includes 27 schools in Texas. According to an ED press release, the Blue Ribbon schools are recognized for their overall academic performance or for their progress in closing achievement gaps among student subgroups. The recipients of the Blue Ribbon designation include public and private elementary, middle, and high schools. The public schools are nominated by each state’s top education official, while private schools are nominated by the Council for American Private Education (CAPE). An awards ceremony for the winners will take place in the nation’s capital in mid-November.


ATPE’s lobbyists have been featuring a series of blog posts here on Teach the Vote about new education laws passed by the Texas Legislature in 2019. For this week’s edition of the blog series, ATPE Lobbyist Andrea Chevalier highlighted a handful of bills that pertain to mentoring, training, and other professional opportunities for educators. Next week, our focus shifts to new statutory requirements related to educators’ professional responsibilities. Watch for the new post here on Monday, and also check out the ATPE legal department’s publication, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

The Texas Education Agency (TEA) is also continuing its video series to help educators learn more about the landmark school finance and reform bill passed this year, House Bill (HB) 3. Check out the most recent videos from the agency in its HB 3 in 30 series dealing with school board and district goal-setting and the bilingual education allotment.


On Wednesday, the Trump administration released a new school safety district guide to schools develop emergency operations plans (EOPs). According to a press release from the U.S. Department of Education, the guide entitled “The Role of Districts in Developing High-Quality School Emergency Operations Plans” follows up on recommendations in the final report of the Federal Commission on School Safety. The district guide recommends responsibilities of school district administrators and their staffs, including coordinating with communicate partners and developing EOPs that address a variety of potential threats. The guide also includes checklists that can be used by school districts to track their progress.

Meanwhile, back here in Texas, Thursday marked the first organizational meeting for the new Senate Select Committee on Mass Violence Prevention and Community Safety. The nine senators heard only invited testimony, which included senior leadership from the Texas Department of Public Safety (DPS). Much of the conversation revolved around background checks and “red flag” laws aimed at keeping firearms out of the hands of those with mental illness or facing criminal complaints. Republicans on the committee questioned the need for additional legislation, while Democrats argued for strengthening the law and improving enforcement. You can watch a recap of the meeting on KVUE.


On Friday, U.S. House Ways and Means Committee Chairman Richard Neal (D-MA) introduced H.R. 4540, the Public Servants Protection and Fairness Act, in Congress. This bill is aimed at fixing the Windfall Elimination Provision (WEP) for future retirees and providing relief for current retirees. Under the bill, Social Security benefits would be paid in proportion to the share of a worker’s earnings that were covered for Social Security purposes. The bill includes a hold harmless provision to ensure no one loses benefits relative to current law, and would provide $150 per month in relief payments to current WEP retirees.

“Members on both sides of the aisle can get behind this legislation and the solutions it puts forward,” Chairman Neal said in a press release announcing the bill’s filing. “I want to commend Ways and Means Committee Ranking Member Kevin Brady for his work to address the WEP issue for many years. He is a tireless advocate for affected workers, and I appreciate his commitment to fixing this problem. I look forward to working with him to move a solution through Congress expediently.”

An overview of the bill can be found here, and the full bill text can be read here. Check back with Teach the Vote next week for a detailed analysis of the bill.


New School Year, New Laws: Mentoring, Training, and Professional Support

Thank you for joining us on Teach the Vote to learn more about how the bills passed during the 2019 legislative session will impact the Texas public education system. So far, we have looked into changes made to laws governing student discipline, school safety, curriculum and instruction, assessment, and special education. In this week’s “New School Year, New Laws” post, we will talk about something just for educators – professional opportunities.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Mentor teacher program

HB 3, the multi-billion dollar school finance bill passed this session, included a mentor program allotment and an updated mentor teacher program. The allotment will provide funds to school districts that are implementing a mentor teacher program for educators with less than two years of experience. This allotment will help districts provide stipends to mentor teachers, schedule release time for mentors and their “mentees,” and fund mentor training.

Under the requirements of the bill, a mentor teacher must agree to serve in that role for at least one school year and must start their assignment no later than 30 days after their mentee begins teaching. Additionally, districts must assign a mentor to a new classroom teacher for at least two years. Commissioner of Education Mike Morath will adopt rules to specify how many mentees can be assigned to a mentor.

The qualifications for serving as a mentor teacher are much the same as they were under previous law. For example, mentors must complete certain mentor training and have at least three full years of teaching experience. HB 3 adds that, to serve as a mentor, a teacher must also demonstrate interpersonal skills, instructional effectiveness, and leadership skills. Lastly, mentors must meet with their mentees at least 12 hours per semester, which can include time the mentor spends observing the mentee. During these meetings, HB 3 outlines specific conversation topics such as orientation to the district, data-driven instructional practices, coaching cycles, professional development, and professional expectations.

Districts are required to provide mentor training and training on best mentorship practices before and during the school year. Districts are also required to designate mentor-mentee meeting times and schedule release time or a reduced teaching load for mentors and their mentees.

This provision of HB 3 took effect immediately upon the final passage of the bill.

HB 3 by Rep. Dan Huberty (R-Kingwood): Autism training

HB 3 allows school districts and charter schools to provide financial incentives to teachers who complete training through an education service center (ESC) on serving students with autism.

This provision also became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): Teacher literacy achievement academies

HB 3 includes a focus on improving reading instruction for students in kindergarten through third grades. By the 2021-22 school year, districts must ensure that each classroom teacher in grades K-3 and each principal at a campus with grades K-3 has attended a teacher literacy achievement academy. Created in 2015 by the 84th Texas legislature, teacher literacy achievement academies are targeted professional development opportunities to enhance instruction, especially for special populations. Additionally, HB 3 now requires that each K-3 teacher or principal must have attended a teacher literacy achievement academy before their first year of placement at a campus in the 2021-22 school year.

Current law regarding teacher literacy achievement academies states that, from funds appropriated, teachers who attend an academy are entitled to receive a stipend in an amount determined by the Commissioner from funds appropriated by the legislature for the program. The academies have been funded through the appropriations process since their inception, and this program will receive $9 million over the next biennium.

This provision of HB 3 also took effect immediately.

Senate Bill (SB) 1757 by Sen. Brandon Creighton (R-Conroe): Math and science scholars loan repayment

Under previous law, the math and science scholars loan repayment program was open to teachers who met the following criteria: they completed an undergraduate or graduate program in math or science; are certified to teach math or science (or on a probationary certificate); have been employed as a full-time math or science teacher in a Title I school for at least one year; are U.S. citizens; are not in default on any other education loan; and have not received or are not receiving any other state or federal loan repayment assistance. Additionally, the teacher must have had a cumulative GPA of 3.5. Under SB 1757, this GPA requirement is lowered to 3.0 for the loan repayment program.

The teacher must also enter into an agreement with the Texas Higher Education Coordinating Board (THECB) to complete four consecutive years of employment as a full-time classroom math or science teacher in a Title I school. Under previous law, the teacher also had to commit to an additional four years teaching in any public school, though not necessarily a Title I school. SB 1757 changes this requirement to allow the THECB to determine how many additional, non-Title I school years (not to exceed four) a teacher must teach.

Also, SB 1757 now allows student loan repayment assistance for education taking place at a nonprofit, tax-exempt, regionally accredited college or university. This bill was effective Sept. 1, 2019.

SB 37 by Sen. Judith Zaffirini (D-Laredo): Student loan default

If you’ve ever renewed your teaching certificate, you might have noticed that the State Board for Educator Certification (SBEC) can deny your renewal if you are in default on a student loan. SB 37 changes the law so that SBEC is prohibited from considering student loan status. This law took effect Sept. 1, 2019. However, SBEC still has to change its own administrative rules regarding student loan default and certificate renewal requirements. The board will discuss this at the next SBEC meeting on Oct. 4, 2019. Follow us on Twitter and check back on our Teach the Vote blog for updates about this meeting


In next week’s installment of our “New School Year, New Laws” blog series, we will discuss professional responsibilities, such as recent changes that were made to educator misconduct and reporting laws.

For more information on laws impacting educators, be sure to read the new report from the ATPE Member Legal Services staff, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

New School Year, New Laws: Special Education

In this week’s blog post in the “New School Year, New Laws” series, the ATPE lobby team looks at changes to special education resulting from the 86th legislative session earlier this year.

Three years ago, the Houston Chronicle published an investigative series on how Texas was systematically denying special education services to students through an arbitrary 8.5% cap on special education enrollment. After confirming the findings, the U.S. Department of Education (ED) ordered the state to complete a Special Education Strategic Plan and Corrective Action Response. In the interim before the 2019 legislative session, special education advocates worked diligently with lawmakers, the Texas Commission on Public School Finance, and the Texas Education Agency (TEA) on the strategic plan, corrective action response, and special education funding to try to mitigate the negative effects of having denied years of services to students. This involvement from stakeholders helped to prioritize special education in the legislative session.

Below are some of the bills passed this year to address special education funding and various initiatives for students with special needs.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Special education funding and advisory committee

Special education in Texas is currently funded through a system of weights based on student placement. For example, the weight for a homebound student is 5.0 (meaning that a school district receives 5 times the amount of the basic allotment for that student). The mainstream weight covers approximately 85% of students receiving special education services, according to the TEA. Rep. Mary Gonzalez (D-Clint) amended HB 3 to increase the mainstream weight from 1.1 to 1.15, which will generate hundreds of extra dollars for every student receiving special education services in the general education classroom. As an aside, stakeholders and agency officials alike are urging that the rhetoric around special education shift to characterize special education as a service rather than a placement.

HB 3 also creates a new dyslexia weight of 0.1, which will help direct even more money to students with special needs. The dyslexia weight will also capture and fund students who are receiving services under Section 504 of the Rehabilitation Act, which is not federally funded like the Individuals with Disabilities Education Act (IDEA).

Lastly, HB 3 establishes a 14-member special education allotment advisory committee that will make recommendations on special education funding. In September, the commissioner of education will appoint committee members, to include a variety of stakeholders both within and outside of the school setting, including two teachers.

These provisions of HB 3 became effective immediately upon the passage of the bill.

Senate Bill (SB) 500 by Sen. Jane Nelson (R-Flower Mound): Addressing maintenance of financial support in the supplemental budget

Just before the 2019 legislative session began, news broke that Texas had failed to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than it spent in the prior year, which is not allowed. Unfortunately, the state continued this trend in 2017, 2018, and 2019, and it is now estimated that the resulting federal penalty will reach $233 million.

This year’s supplemental spending bill, SB 500, included over $219 million to settle maintenance of financial support costs and to prevent future penalties.

SB 139 by Sen. Jose Rodriguez (D-El Paso): Notification of enrollment opportunities

SB 139 specifically addresses the aforementioned 8.5% cap on enrollment in special education by requiring TEA to develop a notice regarding the elimination of the arbitrary limit. The notice must also include the rights of children under state and federal law and how parents and guardians can initiate referral and evaluation for special education services.

HB 111 by Rep. Mary Gonzalez (D-Clint): Trafficking, abuse, and maltreatment training

As part of their district improvement plan, school districts are required to adopt and implement a policy on sexual abuse, sex trafficking, and other maltreatment of children. Districts must incorporate methods to increase awareness of these issues by providing training for new and existing employees on prevention techniques and the recognition of sexual abuse, sex trafficking, and other maltreatment of students. HB 111 specifically adds that the training should also include prevention and recognition for students with significant cognitive disabilities. HB 111 became effective immediately.

HB 165 by Rep. Diego Bernal (D-San Antonio): High school endorsements

Effective immediately, HB 165 allows students receiving special education services to earn high school endorsements on their transcripts if they complete, with or without modification, the foundation high school curriculum requirements and the additional endorsement curriculum requirements. Under previous law, a student receiving special education services was unable to earn an endorsement by virtue of being enrolled in a modified curriculum. This prevented the student from earning a Distinguished Level of Achievement upon graduation, which is an eligibility requirement for automatic admission to a public institution of higher education in Texas.

SB 522 by Sen. Judith Zaffirini (D-Laredo): Services for students with visual impairments

SB 522 aims to improve the educational services provided to students with a visual impairment by aligning the terminology in state law with federal law regarding these students. Additionally, the individualized education plan (IEP) for students with a visual impairment must now include instruction in braille and the use of braille unless the student’s admission, review, and dismissal (ARD) committee determines that a different form of instruction is more appropriate. Under SB 522, instruction in braille must be provided by a teacher certified to teach students with visual impairments. This law became effective immediately.

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park): Prohibiting aversive disciplinary techniques

SB 712 and HB 3630 by are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.


See the TEA’s “HB 3 in 30” video on special education for additional detail on legislative changes. For more information on the issues featured in our “New School Year, New Laws” series, be sure to check out “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” in which ATPE’s attorneys provide a comprehensive look at new education laws passed in 2019. Join us next Monday here on Teach the Vote to read about legislative changes regarding professional opportunities for educators.

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

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


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

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


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

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


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


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


 

TEA releases 2019 “A-F” accountability ratings

On Thursday, August 15, 2019, the Texas Education Agency (TEA) issued a press release announcing the 2019 “A-F” accountability ratings for Texas public school districts and campuses. Last year, A-F ratings were available for school districts only. Yesterday marks the first time that A-F accountability grades have been shared for individual campuses, too. The foundation for the A-F accountability system was created in 2013 under House Bill (HB) 5. In 2015 and 2017, the system was modified through HB 2804 by Rep. Jimmie Don Aycock (R-Killeen) and HB 22 by Representative Dan Huberty (R-Houston), respectively.

The A-F system was highly controversial among the education community in large part because it places a label of “failure” on schools, students, and educators based on a narrow view of school success. Additionally, many factors that strongly influence the outcomes that are measured by the A-F testing and accountability system are outside the scope of what educators can control. These include generational poverty, food insecurity, homelessness, family status, and adverse childhood experiences. For the reasons, ATPE opposed the inclusion of A-F ratings in the public school accountability system throughout the multiple legislative sessions in which it was developed.

Keeping in mind the limitations of the A-F accountability system for substantiating broad conclusions about the performance or effectiveness of schools, educators, and students, the ratings do lend themselves to some observations that can be useful for stakeholders to review. For example, a preliminary analysis of school district ratings shows that charter districts tend to have more C’s, D’s, and F’s than traditional districts. Eighty-six percent of traditional districts had either an A or B rating, compared to only 56 percent of charter districts. In fact, the percentage of charters rated D and rated F was six times and four times the percentage of traditional districts, respectively. It does appear that districts have overall improved since last year in the number rated A and B.

At the campus level, charter ratings are also more heavily weighted towards D and F. However, the overall percentage of schools that are rated A or B has increased since last year. Additionally, Texas Commissioner of Education Mike Morath stated that he is, “particularly proud of the 296 high-poverty schools that achieved an A rating this year.” The commissioner, several lawmakers, and members of the State Board of Education (SBOE) held press events around the state yesterday related to the announcement of the ratings.

ATPE representatives also participated in a number of interviews with the media to discuss the A-F accountability grades. In one news story yesterday about the A-F ratings of schools around central Texas, ATPE Lobbyist Mark Wiggins discussed the myriad additional factors beyond accountability grades that will need to be considered when measuring the future impact of this year’s major school finance and reform bill, House Bill 3.

Of course, much more information is needed to decipher the meaning and validity of these new A-F ratings. In the past, ATPE has urged caution in interpreting A-F ratings, especially due to their reliance on data from student test scores. The TXschools.gov website promoted by TEA is meant to help parents understand ratings and make comparisons. Stakeholders can find further resources from TEA here, including video presentations on each of the three domains used in the rating system. ATPE will continue monitoring the system and fighting to ensure that it is fair and meaningful to educators, school leaders, students, and parents.

Texas election news roundup

It’s another week and another round of election news in Texas.

Gov. Greg Abbott (R-Texas) has been busy setting special elections to finish the unexpired terms of legislators who have decided to step down before the next election. Voters will decide who succeeds state Reps. John Zerwas (R-Richmond) and Eric Johnson (D-Dallas) on November 5, 2019, which is also the date of the state constitutional election. The winners of those two races will have to turn around and defend their seats in the 2020 elections next year.

In the meantime, another Democrat has filed to run against U.S. Sen. John Cornyn (R-Texas) in the 2020 election. Cristina Tzintzún Ramirez is a Latina organizer who started the Workers Defense Project and Jolt Texas, the latter of which aims to mobilize young Hispanic voters. Ramirez will join a Democratic field that already includes state Sen. Royce West (D-Dallas), former congressional candidate MJ Hegar, and former congressman and gubernatorial candidate Chris Bell.

Finally, Texas State Board of Education (SBOE) Member Ruben Cortez (D-Brownsville) announced plans late last week to challenge state Sen. Eddie Lucio, Jr. (D-Brownsville), who has often sided with his Republican colleagues in the 31-member Texas Senate on issues such as school privatization. This sets up a potentially heated Democratic primary for the South Texas Senate district.

This November’s election will decide a number of important potential amendments to the Texas Constitution, including one relating to school finance. It is critical that educators stay engaged beginning this November and following through the party primaries in March 2020 — all the way to the November 2020 general election. Now is a good time to check if you’re registered to vote, which you can do by using resources put together by the Texas Educators Vote coalition of which ATPE is a member. Check out the coalition’s new website at TexasEducatorsVote.com.