Tag Archives: school land board

In late night hearing, House Public Education Committee talks about bullying, leftover food, and more

On Wednesday, April 17, 2019, the House Public Education Committee heard bills on a variety of topics including the donation of excess food at school, virtual schools, workplace bullying of teachers, and even the Ten Commandments.

ATPE supported several bills by registering in favor of the following:

  • House Bill (HB) 414 (Flynn, R-Van) would create the Teacher’s Protection Act, which includes a defense against prosecutions for actions taken in an educator’s self-defense.
  • HB 1394 (Bohac, R-Houston) aims to protect teachers from being sanctioned by the State Board for Educator Certification (SBEC) for their reasonable use of force against a student.
  • HB 3220 (Allison, R-San Antonio) would add licensed specialists in school psychology (LSSPs) to the definition of mental health professional and allow them to be eligible for loan repayment assistance in certain circumstances.
  • HB 3403 (Cortez, D-San Antonio) would require school district employment policies to include anti-bullying measures for educators, including provisions to address parents who bully teachers.
  • HB 3638 (Patterson, R-Frisco) would lift certain mandates on schools as identified by the Lieutenant Governor’s mandate relief working group in which ATPE participated last year.
  • HB 3696 (Bell, K., R-Forney) would add the number (rather than percentage) of students who complete a practicum or internship approved by the State Board of Education (SBOE) and students who complete a coherent sequence of career and technical education (CTE) courses as measures within the student achievement domain of the state’s accountability system.
  • HB 3882 (Wilson, R-Marble Falls) would transfer rulemaking authority from the Commissioner of Education to the University Interscholastic League (UIL) for extracurricular activity safety training programs. This is also one portion of the main mandate relief bill referenced above.
  • HB 3906 (Huberty, R-Kingwood) would change references to “reading” to say “language arts” in multiple sections of the law and eliminate the grade 4 and 7 writing test, but add writing to the annual language arts tests. This bill also includes provisions of Rep. Gary VanDeaver’s (R-New Boston) writing portfolio assessment pilot legislation and allows assessments to be administered in multiple parts over more than one day.
  • HB 3963 (Allen, D-Houston) would allow schools to elect to donate extra food to a nonprofit and includes related food safety precautions.
  • HB 4095 (Beckley, D-Carrollton) would require school boards to adopt a policy on custodian workloads.
  • HB 4096 (Beckley, D-Carrollton) would require the Texas Education Agency (TEA) to study recommended standards for school district facility maintenance and custodial services.
  • House Concurrent Resolution (HCR) 134 (Dutton, D-Houston) would designate the second Tuesday in October as Legislators in Schools Day, an opportunity for lawmakers to visit  a classroom in their districts.

ATPE submitted written testimony against HB 1921 by Rep. Jared Patterson (R-Frisco). This bill would remove the cap on funding for full-time virtual schools by eliminating a provision that states funding is limited to programs that were operating on January 1, 2013. This provision was a key addition to the virtual school program law because it ensured that full-time virtual school programs, would neither be completely shut down nor be allowed to replicate until more data was collected on their efficacy. Since that legislation was passed, a growing body of evidence has shown that virtual schools are a poor substitute for traditional, brick-and-mortar classrooms. Therefore, ATPE opposes further expansion of virtual schools as contemplated by this bill. Read our written testimony against HB 1921 here.

The following bills were also heard by the committee on Wednesday:

  • HB 307 (Flynn, R-Van): States that school boards cannot prohibit the posting of the Ten Commandments in classrooms.
  • HB 875 (Allen, D-Houston): Would require that superintendents annually report on student restraints, complaints filed against students, citations issued to students, and student arrests. The data would be made available to the public by TEA.
  • HB 1017 (Martinez, D-Weslaco): Would require schools with 50% or more of students eligible for free or reduced price lunch to donate food to a nonprofit to be distributed to students at the campus.
  • HB 1416 (Lucio III, D-Brownsville): Would require TEA to adopt uniform general conditions for school building construction contracts.
  • HB 2002 (Leach, R-Plano): Would require that districts report their total expenses related to administering required assessments.
  • HB 2183 (Allen, D-Houston): Would require schools to report to TEA and in the Public Education Information Management System (PEIMS) on students who are released to their parents before the end of the instructional day. Parents would have access to the report.
  • HB 2609 (King, K., R-Canadian): Would allow school districts to assign ESL teachers to bilingual education programs if they have a shortage of bilingual education teachers. The committee substitute for the bill allows the bilingual education allotment to be used for teacher salaries and for certifying bilingual teachers in the district.
  • HB 2691 (VanDeaver, R-New Boston): Would require providers of online services used for a school purpose to use unique identifiers that masks student information.
  • HB 2797 (Hinojosa, D-Austin): Enables specialized support campuses or those that only serve students in special education to be considered separately for accountability purposes.
  • HB 3000 (Talarico, D-Round Rock): Would require schools to notify TEA and give written notice to parents if there is a data breach in the district involving students’ information. TEA would maintain a public database of such breaches.
  • HB 3132 (Allen, D-Houston): Would require that staff development for teachers who provide reading instruction in grades K-3 include training in effective instructional practices and the use of validated instructional methods.
  • HB 3146 (Meza, D-Irving): Would require schools to offer students a vegan breakfast and lunch option.
  • HB 3204 (Sanford, R-McKinney): Would prohibit the governing board or commissioners court from including more than one project in any proposition submitted to authorize the issuance of bonds.
  • HB 3467 (King, K., R-Canadian): Would change how School Land Board (SLB) cash is handled to try to increase the ability of the SLB and SBOE to make returns to public education. There have been recent concerns with money that the SLB and SBOE manage and invest, which ultimately makes its way into public schools.
  • HB 3630 (Meyer, R-Dallas): Would prohibit school district employees from engaging in  dangerous techniques for student discipline, which disproportionately impact students with disabilities.
  • HB 3820 (Sherman, D-DeSoto): Would require (at state cost) school districts to administer one of the ACT or SAT to certain students who have taken the Algebra I or English I or II end-of-course exam (EOC).
  • HB 3846 (Capriglione, R-Southlake): Would require the SBOE to develop “mini-courses” on topics such as personal financial literacy, computer coding, and cybersecurity, which districts could use after assessments are administered.
  • HB 3884 (Wilson, R-Marble Falls): Transfers duties for providing bacterial meningitis information from TEA to the Department of State Health Services.
  • HB 3141 (Swanson, R-Spring): Would prohibit a school district from having certain business interests in real estate; arts, entertainment, and recreation; or accommodation and food services.
  • HB 4454 (Rodriguez, D-Austin): Would require the SBOE to adopt developmentally appropriate standards for social and emotional learning and require school districts to use the standards in  appropriate educational programs.
  • HB 4626 (Swanson, R-Spring): Would make the Harris County Department of Education subject to sunset review.

The House Public Education Committee will meet next Tuesday, April 23, at 8 am. See the agenda here, which includes a bill to make children of educators eligible for prekindergarten and a bill to ensure that public school counselors’ time is spent on core counseling duties. The committee is also expected to meet briefly on Thursday, April 18, merely for voting on pending bills.

Senate committee advances bills expanding virtual schools

The Senate Education Committee approved two bills Tuesday afternoon that expand full-time virtual schools in Texas. The committee voted unanimously to advance Senate Bill (SB) 2244, which would remove certain barriers to enrolling in full-time virtual schools and repeal the ability of school districts to charge fees for virtual classes. Members also unanimously advanced SB 1455, which would dramatically expand full-time virtual schools in a number of ways.

ATPE opposed both bills when they were heard the previous week and submitted testimony pointing out the research indicating full-time virtual schools offer a poor quality of education compared to brick-and-mortar classrooms, as well as years of performance data indicating chronic failure among virtual schools already operating in Texas.

The committee also approved the following bills by a unanimous vote:

  • SB 668, which contains recommendations from a working group on school district mandate relief.
  • SB 820, which would require districts to develop cybersecurity networks.
  • SB 1256, which contains cleanup language for the educator misconduct legislation passed as SB 7 in 2017 by the 85th Texas Legislature. ATPE supports this bill.
  • SB 1376, which contains recommendations from a working group on district mandate relief. ATPE supports this bill.
  • SB 2018, which would eliminate the committee formed to dissolve Dallas County Schools, now that its task has been completed.
  • SB 2180, which would establish a computer science strategic advisory committee to develop Texas essential knowledge and skills (TEKS) related to cybersecurity.
  • SB 2431, which would create a commission on digital learning that is structured similar to the Texas Commission on Public School Finance. The commission would meet during the interim to recommend a framework to incorporate digital teaching and learning in public schools.

Senate Education Committee meeting April 9, 2019.

Chairman Larry Taylor (R-Friendswood) began the day by laying out SB 1895, which provides educators with professional development for blended learning. ATPE supports this bill.

Members next heard testimony regarding SB 608 by state Sen. Kirk Watson (D-Austin). This is the sunset bill for the School Land Board (SLB), which oversees real estate investments within the General Land Office (GLO) that fund education. Typically, the SLB has sent disbursements to the State Board of Education (SBOE), which oversees the broader permanent school fund (PSF) portfolio. This oversight power is the board’s sole constitutional duty. Among other things, the sunset bill would expand the SLB to five members from three and allow the SBOE to have a voice in selection of some of the SLB members. SB 1659 by Watson would require the SLB to transfer revenue from real estate to the SBOE for PSF investment and divest and transfer most non-real estate investment assets to the SBOE.

SB 712 by Sen. Eddie Lucio, Jr., enumerates prohibited disciplinary actions against a student. This includes interventions intended to cause pain, peppery spray, food and water denial, verbal abuse, the immobilization of all four extremities, and similar actions.

SB 1412 by Sen. Charles Perry (R-Lubbock) would allow a school at risk of closure to execute an accelerated campus excellence turnaround plan, which includes paying high performing teachers a premium to work at the struggling campus. The bill includes ongoing support and a three-year commitment from participating teachers, 80 percent of which would be required to come from the top quartile in terms of demonstrating student growth. ATPE submitted neutral testimony that focused on eliminating a vendor contracting requirement and clarifying that districts may not be required to base their hiring decisions upon student test performance of the educators.

SB 1453 by Sen. Taylor would allow students to use calculator functions on their cellphones in lieu of traditional graphing calculators, which would no longer be required.

SB 1776 by Sen. Donna Campbell (R-New Braunfels) would require every high school to offer an elective course on “the founding principles of the United States.” SB 1777 by Sen. Campbell would require the U.S. History end-of-course (EOC) exam include ten questions from the U.S. citizenship and naturalization test.

SB 2042 by Sen. Pat Fallon (R-Prosper) would require a study of career and technology education (CTE) programs. This would include a look at what industries are in demand in each region of the state, and whether the CTE courses being offered by local schools adequately address those demands. The study would recommend the elimination of some courses that do not appear to benefit the workforce. ATPE supports this bill.

The committee also heard SB 2440 and SJR 78 by Sen. Taylor, both of which would move the administration of the PSF from the elected SBOE to a non-elected, appointed board of managers. The bill would additionally create a “bicentennial education fund” for the purpose of providing compensation for highly effective educators. ATPE submitted testimony against both bills, raising the concern that in virtually every case in which educator effectiveness is tied to pay, effectiveness has been determined by student test scores. Research shows that student test scores are neither valid nor reliable indicators of educator effectiveness. ATPE supports differentiated pay for educators who voluntarily take on more challenging tasks or pursue advanced training and certification, but we believe tying test scores to pay serves only to increase concerns about “teaching to the test.”

Commissioner: School fund management needs structural change

The Texas State Board of Education (SBOE) heard from Texas Education Agency (TEA) Commissioner Mike Morath Wednesday morning to begin the second day of its November meeting.

TEA Commissioner Mike Morath addresses SBOE, November 14, 2018.

Commissioner Morath began by congratulating Member Keven Ellis (R-Lufkin) for his work as the board’s sole representative on the Texas Commission on Public School Finance, and called the recommendations put forward thus far by commission working groups “powerful.”

The commissioner praised the board for its handling of a funding dispute with the General Land Office (GLO) over the Permanent School Fund (PSF), formal oversight of which is split between the SBOE and the GLO’s School Land Board (SLB). Morath suggested legislators should address oversight of the PSF in its entirety. The commissioner pointed out that the PSF portion under the SLB’s stewardship has accumulated a $4 billion cash balance, which is creating a “significant drag” in terms of fund performance. Morath suggested legislators should consider structural changes, which could be worth an additional $150 million per year.

Commissioner Morath recapped the agency’s budget and priority initiatives, and disputed reports that the agency’s legislative appropriations request (LAR) calls for a reduction in state aid. The LAR is a formal budget request each agency prepares for legislators before each legislative session, and TEA’s LAR for the upcoming session seeks less state aid from general revenue (GR). The commissioner explained that this is required by the funding formulas, which have led to the burden shifting from state GR to local property tax revenues.

Member Ruben Cortez (R-San Antonio) pressed the commissioner as to whether that trend will continue. The commissioner repeated that the agency is complying with statute, and suggested this is the central question being addressed by the school finance commission.

Member Marisa Perez-Diaz (D-Converse) asked the commissioner to provide agency guidance for districts participating in or considering merging with charters under Senate Bill (SB) 1882, which was passed by the 85th Texas Legislature. Perez-Diaz noted that there are questions regarding who is formally in charge of schools at the local level after a contract with a charter is executed, and pointed out it seems districts are “building the plane while it’s in the air.” The commissioner said SB 1882 contracts now include 13 districts and 609 campuses.

In response to a question by Member Ellis regarding a ruling by the 5th Circuit Court of Appeals to uphold a $33 million penalty for failing to properly fund special education, Commissioner Morath indicated that the agency is actively trying to figure out its response moving forward.

The commissioner also fielded a question from Member Georgina Perez (D-El Paso) regarding the instructional materials portal, which legislators in 2017 ordered the commissioner to create as an online resource for educators. Perez noted there is concern how the portal will interact with the SBOE’s statutory authority to review instructional materials and the potential for creating duplicative processes. Commissioner Morath suggested the portal will evaluate a different set of factors than the SBOE.

Member Barbara Cargill (R-Conroe) also raised concern about transparency with regard to how portal material is evaluated, and clarifying that the board’s process will continue forward unchanged. The commissioner replied the agency is engaged in stakeholder outreach. Member Cargill suggested creating a frequently asked questions (FAQ) document.