Tag Archives: Senate Education Committee

Teach the Vote’s Week in Review: Nov. 13, 2020

From COVID-19 to Social Security and everything in between, check out this week’s education news highlights from the ATPE Governmental Relations team on this Friday the 13th:


ATPE continues to lobby for a waiver of testing and accountability requirements this year because of the disruption caused by COVID-19. ATPE Executive Director Shannon Holmes wrote to Governor Greg Abbott this week to again urge relief from state testing laws. COVID-19 has caused mounting stress for educators and students, which is only amplified by standardized testing and the likely negative implications of unreliable testing data. “Despite the increasing backlash against testing, state officials thus far have offered the education community little hope for relief,” wrote Holmes, urging the governor to grant waivers and seek flexibility from federal officials. Read ATPE’s letter here plus additional detail in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.

In an interview with NBC Local 23, ATPE Senior Lobbyist Monty Exter argued that teachers should be able to focus on serving their students rather than testing, especially with heightened academic, social, and emotional needs stemming from the pandemic. Exter also stressed that teachers are best-equipped to assess their own students in a much more accurate and effective manner.


FEDERAL UPDATE: ATPE is urging educators to contact their members of Congress about a new retirement bill filed recently in Washington by U.S. Congressmen Richard Neal (D – Mass.) and Kevin Brady (R – TX). The association is asking the bill’s authors to amend their high-profile bill with language to repeal and replace the Windfall Elimination Provision (WEP), which reduces many public employees’ Social Security benefits. Both Brady and Neal have proposed a WEP fix in their previously filed bills, and ATPE is requesting the WEP language to be added onto their new legislation, the Securing a Strong Retirement Act of 2020, in order to give educators the relief they deserve.

ATPE members are encouraged to visit Advocacy Central to send a quick message to the Texas congressional delegation about this legislation and the need for WEP relief.


CORONAVIRUS UPDATE: The Texas Public Schools COVID-19 dashboard now shows that for the week ending November 1, the number of positive cases increased 4.5% among students and 5.4% among staff who participate in on-campus activities and instruction. More notably, however, the number of positive cases for the most recent week of data (ending November 8) appears to have risen a staggering 25.8% among students and 14.3% among staff. These numbers are alarming as data reported for the most recent week are usually incomplete and likely to increase with the next week’s update. It is unclear whether these trends are reflective of upward infection trends statewide or an increase in students participating in on-campus instruction as the school year progresses.

We reported here on Teach the Vote last week that ATPE sent a letter to Commissioner of Education Mike Morath sharing educators’ complaints about how the Texas Education Agency (TEA) has handled local issues arising from the pandemic. To date ATPE has not received any response to that letter. Last week we also reported on TEA’s clarification of its guidance allowing districts to require certain students to attend school in person. The topic has garnered much media attention. On Friday, November 6, ATPE Lobbyist Mark Wiggins spoke with CBS Austin and stressed that the state should focus on investing in education and prioritizing relief from testing.

Check out ATPE’s frequently updated COVID-19 FAQs and Resources for answers to numerous questions asked by educators. Also, don’t forget to visit Advocacy Central (for ATPE members only) to share your coronavirus concerns with legislators and other state and federal officials.


This week, The Texas Tribune’s education reporter Aliyya Swaby moderated a panel discussion about rural education in Texas. Swaby sat down with Donna Hale, superintendent of Miami Independent School District, Georgina C. Pérez, member of the Texas State Board of Education, and state Rep. Gary VanDeaver to talk about broadband access, teacher retention, and maintaining education funding, among other topics. Learn more and view archived video of the panel presentation here.


ELECTION UPDATE: With the election 10 days in the past, we have unofficial final results in Texas and just a couple races that may head to recounts, according to the Texas Tribune. This week on Teach the Vote, ATPE Lobbyist Mark Wiggins reported on Texas’ record-breaking turnout, the presumptive next Texas House Speaker, and other news. Read Mark’s Texas election roundup here, and see ATPE’s list of the full election results for Texas legislative and State Board of Education races here. Thank you to all who voted!



The Senate Education Committee met today to hear remote testimony from invited witnesses only on virtual schools, special education, COVID-19, and the implementation of two of the major education bills passed last session. Read more about the hearing, believed to be the last one the committee will hold before the 2021 legislative session begins in January, in this blog post today from ATPE Lobbyist Mark Wiggins.

Related: Monday marked the beginning of the pre-filing period for bills to be considered by the Legislature next session. As of today, 745 bills have already been pre-filed. Search, read, and follow bills that have been filed at Texas Legislature Online.

Senate Education Committee discusses virtual schools, special education, and COVID-19

The Senate Education Committee met Friday, November 13, at the Texas Capitol to discuss an agenda including digital learning, special education, House Bill (HB) 3, and state assessments. Like the committee’s last interim hearing, senators met in person and sat separated by clear plexiglass dividers. The committee only accepted invited testimony, which was delivered virtually.

Most of Friday’s witnesses were school superintendents who testified about their various experiences with virtual learning. The brunt of the testimony was geared toward expanding virtual schools, which ATPE has long cautioned against. Research has consistently found that full-time virtual schools are a poor substitute for in-person instruction. ATPE submitted testimony to the committee warning that although educators have adapted to virtual learning for now in order to protect public health, it is unwise to expand full-time virtual schools on a permanent basis. ATPE recognizes that the pandemic has necessitated widespread virtual instruction this year in the short term, but it will be important in the long run for students to resume in-person instruction as soon as it is safe in order to minimize learning loss.

Texas Education Commissioner Mike Morath presented the committee with an update on the implementation of HB 3, the school finance bill legislators passed in 2019. According to the Texas Education Agency (TEA), HB 3 added $4.9 billion in state funds while decreasing local funding by $2.2 billion in Fiscal Year 2020, for a net increase in total funding of $2.7 billion.

Thus far, 26 school districts are part of the first cohort of the Teacher Incentive Allotment (TIA), which is the performance pay program established under HB 3. Through the September settle-up process, TEA reported distributing $40 million to districts on the behalf of 3,650 teachers participating in that program. A handful of superintendents testified regarding implementation of the program. The bill also established a Teacher Mentor Program Allotment (TMPA), which had 67 districts approved as of August to provide stipends for mentor teachers in the 2020-21 school year.

The agency is also charged with tracking the unintended consequences of HB 3. Morath said one item for consideration by lawmakers next session is a quirk in the funding formulas whereby a district with 700 or fewer students may paradoxically lose net funding when adding CTE students who should qualify for additional funding.

Josh Sanderson from the Equity Center urged the state to use any additional federal stimulus money to ensure districts receive their anticipated funding. Sanderson pointed out that districts need consistent, reliable funding and face additional unanticipated costs as a result of COVID-19, including an increased need for transportation services. ATPE’s testimony urged the state to fully fund the commitments made under HB 3, including protecting gains to school funding and educator compensation.

The committee also heard updates on the implementation of HB 3906, which made significant changes to STAAR implementation. Most notably, the bill required TEA to transition to fully electronic administration of the STAAR by the 2022-23 school year. The agency is scheduled to report on its progress toward this objective at next week’s State Board of Education (SBOE) meeting. Sen. Beverly Powell (D-Burleson) cautioned that online testing could disadvantage students who are less comfortable with technology or have learning disabilities. A number of school administrators asked the committee to extend the timeline for the transition. ATPE’s testimony recommended that the state waive STAAR administration for the 2020-21 school year.

COVID-19 was another topic discussed in the hearing. TEA touted its response to the pandemic, including its extension of funding flexibility for remote instruction, providing personal protective equipment (PPE) to districts, and launching Operation Connectivity to provide technology and internet access to underserved areas. Morath suggested that determining how remote instruction will be funded in the long term will be a challenge for the legislature.

Morath also highlighted the challenge of tackling learning loss as a result of the disruption to the educational environment due to COVID-19. ATPE has consistently pointed out that this need for remediation should serve as a warning to those looking to expand full-time virtual schools outside of a pandemic setting. In written testimony, ATPE highlighted the resolutions ATPE members passed during the 2020 ATPE Summit urging the state to prioritize the health of educators and students.

Special education was the final topic of the day. TEA staff testified that the state has increased special education spending by 27% over the past four years. A 2016 investigation found that Texas had under-identified students who are eligible for special education services, and the U.S. Department of Education notified TEA in 2018 that it had violated federal law in doing so. According to TEA, special education enrollment went from 8.7 percent in the 2015-16 school year to 10.7% in the 2019-20 school year.

The Texas Council of Administrators of Special Education (TCASE) testified that Texas must change the way special education services are funded so as to correspond to the costs of specific services provided. Disability Rights Texas noted that schools have lost contact with many students in special education over the course of the pandemic and echoed the need for special education funding reform.

Today’s hearing is expected to be the last for the Senate Education Committee before the legislative session begins January 12, 2021.

Teach the Vote’s Week in Review: Oct. 16, 2020

Here are this week’s education news highlights, brought to you by ATPE Governmental Relations:


CORONAVIRUS UPDATE: In conjunction with the Texas Education Agency (TEA) and the Texas Division of Emergency Management (TDEM), Governor Greg Abbott announced this week that eight school systems would be included in a COVID-19 rapid testing pilot. Participating schools will receive rapid antigen tests that can produce results in 15 minutes. The tests will be administered to students, teachers, and staff who choose to participate. The state hopes eventually to expand rapid testing in schools to mitigate the spread of the virus as more students return for in-person learning. Read more about the program in this reporting from the Texas Tribune.

This week’s updates to the Texas Public Schools COVID-19 dashboard show that, compared to last week’s reported numbers, positive cases rose by 2.6% among students and 6.8% among staff. As districts are notified of positive test results, they may update their numbers, and the dashboard’s values for the prior week (ending Oct. 4) have increased beyond what was previously reported. The updated data show last week’s positive cases rose by 11.8% among students and 15.5% among staff. (The increases reported last week were significantly less than this, at 2.3% among students and 7.8% among staff.) As a reminder, positive test results are only included for students and staff who participate in on-campus instruction and activities.

ATPE’s COVID-19 FAQs and Resources page includes newly updated information about educators returning to school. Here are additional ATPE resources:

  • Get answers to legal questions about COVID-19 and earn CPE by watching ATPE’s webcasts on our professional learning portal.
  • Use our Parent-Teacher Toolkit, featuring our latest video on helping kids thrive in today’s world.
  • See the pandemic and ATPE’s response evolve through our interactive timeline.
  • ATPE members can send messages to their government officials through Advocacy Central.

ELECTION UPDATE: The first week of early voting is almost over, and record numbers of Texans have already cast their votes. Early voting lasts until Oct. 30! If you haven’t voted yet, check out ATPE Lobbyist Andrea Chevalier’s post on her early voting experience, which includes tips for a smooth trip to the polls.

ATPE Exec. Dir. Shannon Holmes sports his “I voted early” sticker

Court decisions continue to impact ballot drop off locations and the use of drive-thru and curbside voting. The Senate District 30 special election runoff between Shelley Luther and Rep. Drew Springer has been set for Dec. 19. For more election-related news, see this week’s election roundup post from ATPE Lobbyist Mark Wiggins.

You may have noticed on ATPE’s Twitter and Facebook that ATPE members and staff are posting videos on why they vote. Share your own video on social media using #WhyIVoteTXEd and tag @OfficialATPE and @Teach the Vote! Find additional general election voting dates and reminders here, and don’t forget to check out our candidate profiles here on Teach the Vote.


As mentioned in this article by the Dallas Morning News, ATPE Senior Lobbyist Monty Exter was invited to testify on teacher workforce issues during a Senate Education Committee interim hearing this week. Exter advocated for streamlined professional development and reduced paperwork burdens on districts and educators. The committee also heard invited testimony from adult education providers and education preparation programs. Read more about the hearing in this blog post from ATPE Lobbyist Mark Wiggins and see ATPE’s written testimony here.


The 2020 Census count ended this week after an October 13 Supreme Court order shortened the deadline from October 31 to October 15. The deadline has fluctuated multiple times as the Trump administration played tug-of-war with the courts. Some argue the administration wanted to cut the deadline to ensure time to manipulate the census data to exclude unauthorized immigrants living in the U.S. Read more about the development in this post by ATPE Lobbyist Andrea Chevalier.


TEA sent out a notice this week to Education Service Centers and district testing coordinators describing a new method for calculating the STAAR progress measure for the 2020-2021 school year. The modified measure would reach back in to 2018-19 student testing data, skipping over 2019-20 since no tests were given due to the pandemic. Questions remain as to whether the STAAR testing is appropriate at this time and how a modified progress measure might be used in the accountability system for 2020-21. Read more in this post by ATPE Lobbyist Andrea Chevalier.

Teach the Vote’s Week in Review: March 13, 2020

School closures, election news, the census, how to wash your hands – many important topics are circulating right now. Rest assured, the ATPE Governmental Relations team has your education news update.


The ever-developing impacts of the novel coronavirus COVID-19 have left many educators feeling uncertain. To help you navigate these uncharted waters, ATPE has a new FAQ page to answer your questions, including information about districts’ ability to keep staff at home and how to deal with students who may be infected. As developments occur, check ATPE’s FAQ page frequently and watch for updates here on Teach the Vote and via our Twitter account.

Gov. Greg Abbott declared a state of emergency due to the effects of the novel coronavirus on March 13, 2020.

During a midday news conference today, Gov. Greg Abbott declared a state of emergency in response to the crisis. As the number of confirmed cases in Texas continues a slow rise, many schools are implementing extended spring breaks, investigating options for online instruction, cleaning facilities, and taking other preventive measures. Some experts recommend proactive school closures to stem the spread of the virus, but recommendations have been mixed and local districts are making their own decisions.

Texas Commissioner of Education Mike Morath has increasingly been in the spotlight as districts seek guidance on how to respond to the virus. In his Texas Tribune interview last Friday and in his testimony to the House Public Health committee (see 1:40:00) this week, Morath erred on the side of “local control,” leaving it up to districts to coordinate with local health authorities on how best to serve students. The commissioner added that low attendance waiver policies remain in effect and other measures could be taken to address low attendance should Gov. Abbott declares a state of public health disaster, which he did today at the press conference that Commissioner Morath also attended. Some are already urging the state to consider testing waivers, too, with STAAR assessments looming. The Texas Education Agency (TEA) has set up a landing page with resources, including the latest guidance for districts that provides specific information regarding district decision-making and communication; funding questions; potential attendance waivers; special populations, and online learning.

Commissioner Mike Morath testifies before the House Public Health committee, March 10, 2020.

In addition to concerns about childcare, missed instruction and testing, and how to pay teachers, one of the biggest questions facing schools is how to feed children who rely on their schools for nutrition. As noted by Gov. Abbott during his press conference today, the state is also seeking federal waivers to help schools continue to provide meals to students who need them, even in the event of an extended closure. According to reporting by the Texas Tribune, some school districts are considering paying hourly employees to pass out food for students at a central location while others are considering options similar to food operations during the summer. Some districts already have begun operating mobile meal delivery stations for students. Another concern in light of anticipated school closures is the number of households that do not have the Internet access that would facilitate online instruction. According to Gov. Abbott, at least one private Internet provider is waiving fees to help its customers obtain access.

Elsewhere, TRS announced they are no longer taking walk-in appointments to their Austin headquarters, and numerous state legislative hearings and state capitol meetings have been postponed in an abundance of caution. In Washington, D.C., President Donald Trump also held a press conference this afternoon to make a national emergency declaration, which provides additional resources for states. Flanked by executives of companies such as Walgreens and Walmart, the administration announced plans to launch a screening website and new testing resources facilitated by the private retailers. Pres. Trump also said there would be a temporary waiver of interest on student loans during the crisis. Congressional leaders are also working to negotiate legislation could potentially provide relief in the form of sick leave, tax cuts, and aid to schools.

ATPE issued a press statement today and will continue to update our online resources as additional information about dealing with COVID-19 becomes available to us.


ELECTION UPDATE: Even if you didn’t vote in the March primary election, you may still be able to vote in a runoff on May 26, 2020. The deadline to register to vote in a primary election runoff is April 27, and early voting will begin May 18. Learn more about who is on the ballot and the rules regarding eligibility to vote in a runoff in this blog post by ATPE Lobbyist Mark Wiggins.

Election news continues to come out this week. Check out updates from the campaign trail here, including some big endorsements and a new Central Texas race shaping up to succeed state Sen. Kirk Watson (D-Austin). With Sen. Watson resigning next month to become dean of the University of Houston’s new Hobby School of Public Affairs, Lt. Gov. Dan Patrick this week appointed Sen. Judith Zaffirini (D-Laredo) to fill his seats on the Senate Education and Senate Higher Education committees. These are committee posts Sen. Zaffirini held previously. She has taught at the higher education level and is a former chairperson of the Senate Higher Education committee.

As always, visit TexasEducatorsVote.com for election resources created especially for educators, and use our features here on Teach the Vote to learn more about the candidates.


Money matters graphic from Villanueva’s CPPP report on HB 3

The Center for Public Policy Priorities (CPPP) released a new report this week analyzing House Bill (HB) 3, the major school finance bill passed during the 2019 legislative session. The report written by Chandra Villanueva, CPPP’s Economic Opportunity Program Director, is entitled, “There’s a new school finance law in Texas… now what?” Villanueva’s report lauds the successes of HB 3, such as increased streams of funding for dual language, college and career readiness, and early education, but she argues there are aspects of the bill that could be improved to enhance equity. Villanueva stresses throughout the report that the legislature’s focus on reducing property tax collections and recapture while increasing funding commitments to school districts may hamstring future legislatures from being able to adequately fund schools. By highlighting the lack of new revenue sources to help Texas appropriators fill the gaps, the report reflects the apprehensions many educators feel about the sustainability of HB 3. The report also makes several useful policy recommendations, including full-day pre-K funding and regular adjustment of the basic allotment for inflation (which would trigger regular teacher pay raises).


In late 2019, the Institute for Arts Integration and STEAM conducted a State of Teaching Survey of more than 5,000 teachers around the world. The study highlighted several findings that likely resonate with all teachers. First, teachers feel overwhelmed, undervalued, and believe they are not treated as professionals. Teachers work long hours, take work home, pay for supplies out-of-pocket, and don’t feel they have the resources (including administrator support) to adequately address factors such as student behavior. Second, and on the positive side, teachers do feel they have access to curriculum, planning time, and professional learning resources. Lastly, the role of social media is rapidly evolving as teachers increasingly rely on resources such as Teachers Pay Teachers and Pinterest for curriculum and professional learning. These findings underscore the importance of continuing to advocate for supportive working conditions in schools, adequate pay and benefits, and opportunities for collaboration and creativity among teachers.


Checked your mail lately? By April 1, households across America will receive an invitation to complete the 2020 Census. The census, conducted once every 10 years, counts EVERY person living in the United States. Getting a complete count will help to ensure Texans have fair representation in our state legislature and in Washington, D.C. Plus, census counts determine many important streams of funding, such as for roads, emergency services, and public education! Your response to the census is just as crucial as helping to spread the word to others. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


Texas election roundup: Runoff endorsements and late surprises

As the rest of Texas turns its focus to the primary election runoffs, it turns out there is still a surprise or two left over from last Tuesday’s primary elections. In House District (HD) 47, Justin Berry now appears to lead Don Zimmerman by a single vote for the second spot in the Republican party runoff. Until Wednesday, it appeared Zimmerman held the one-vote lead over Berry. Votes will be canvassed today and a recount seems likely. The winner will face top primary finisher Jennifer Fleck in the Republican runoff in May.

The runoffs have already brought a fresh round of endorsements. In the Senate District (SD) 27 Democratic party runoff, former Texas Parent PAC endorsed candidate Ruben Cortez endorsed Sara Stapleton Barrera on Friday. Stapleton Barrera is challenging longtime Sen. Eddie Lucio, Jr. in the runoff. Emily’s List endorsed former congressional candidate M.J. Hegar in the Democratic runoff for U.S. Senate against state Sen. Royce West (D-Dallas). The winner will face Republican U.S. Sen. John Cornyn in November. There was also one highly unusual anti-endorsement in the Republican runoff for State Board of Education (SBOE) District 5. All 10 Republican sitting members of the SBOE endorsed Lani Popp over former Travis County GOP Chair Robert Morrow. Morrow won 40% of the vote in the primary, but is an extremely controversial figure who has been the source of no small amount of angst for Republicans.

In the Texas Senate, state Rep. Eddie Rodriguez (D-Austin) and Travis County Judge Sarah Eckhardt have each announced they are running for the seat being vacated by state Sen. Kirk Watson (D-Austin) in SD 14. Lt. Gov. Dan Patrick has appointed Sen. Judith Zaffirini (D-Laredo) to the Senate Education Committee to replace Watson, whose resignation will be effective April 30, 2020. Gov. Greg Abbott has not yet set a date for the special election to fill the SD 14 seat.

Some interesting statistics have emerged from last week. The Fort Worth Star-Telegram reports that Democrats outvoted Republicans in typically conservative Collin and Denton Counties. Across four Dallas-Fort Worth metropolitan counties, 22% more Democrats than Republicans voted in this year’s primary elections. While Democratic turnout was up, Republican turnout was down 43% from 2016. According to Jeff Blaylock of TXElects.com, this year marked the third time in Texas history that 4 million Texans voted in a primary election. The other two times that happened were in the 2008 and 2016 presidential election years. Turnout in last week’s primaries was about 25%, which is the third highest since 1992. Turnout in Texas was historically higher before then, with a spike above 35% back in 1978. Thanks, Jeff, for crunching those numbers.

The runoffs offer educators a chance to cast the most influential vote of the year. You can read more about why that is, as well as see who’s running, in this post about runoffs here on Teach the Vote. You can also sign up for important election reminders by visiting our coalition website for Texas Educators Vote.

Senate interim charges include investigating educators’ political activity

Lt. Gov. Dan Patrick (R-Texas) released interim charges for state senators late Wednesday. The Senate interim charges for the 86th Texas Legislature include language mirroring that used to justify a pair of bills this past session that were aimed at discouraging educators from being politically active.

After every legislative session, the Senate and House each release their own set of interim charges. Individual charges are assigned to each legislative committee and represent those legislators’ “homework” before returning to Austin for the next session. The idea is that members of each committee will study those charges, conduct hearings during the interim, and return the following legislative session prepared to file bills on those topics. The charges also typically include directions to monitor the implementation of bills recently passed into law and recommend any adjustments that may need to be made during the next legislative session.

The 2019 Senate interim charges include studying educator recruitment, preparation, and retention; a review of disciplinary alternative education programs (DAEP); studying the Texas Education Agency’s (TEA) corrective action plan for special education; a review of how investments are made by the Teacher Retirement System (TRS) and the Permanent School Fund (PSF); monitoring school districts’ implementation of the increases to teacher compensation ordered under House Bill (HB) 3; and investigating advocacy by local communities and public schools misleadingly characterized as “taxpayer lobbying.”

Of particular note is a charge directing the Senate State Affairs Committee to “ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.” While ATPE fully agrees that public funds should not be used for electioneering, unfounded accusations targeting educators were used during the 2019 legislative session to justify a pair of bills aimed at chilling educators’ political speech. It is particularly worth noting that these accusations were leveled by officials who have taken positions opposed to public education in the past and were made following a 2018 election cycle in which the public education community was acknowledged to have played a major role in electing pro-public education candidates.

Senate Bill (SB) 1569 by Sen. Pat Fallon (R-Prosper) would have dramatically expanded the legal definition of electioneering solely as it applies to educators. It would have subjected educators to criminal penalties for violating “political advertising” laws if they engage in the act of discussing anything of a political nature on school property, regardless of whether that conversation occurred in private, between friends, or off the clock. A similar bill, SB 904 by state Sen. Bryan Hughes (R-Mineola) would have imposed cumbersome restrictions on e-mail signups and public WiFi systems. You can read more about those bills here and here. Notably, Sen. Hughes has recently been appointed by Lt. Gov. Patrick as the new chairman of the State Affairs Committee that will conduct this investigation during the interim and would likely hear any such bills filed next session.

The following list includes excerpts from the 2019 Senate interim charges that may be of interest to educators. The charges are broken up by committee, each of which is listed in bold. You can read the full list of all interim charges released on Wednesday here.

Senate Committee on Criminal Justice

Crimes Against Students with Disabilities: Examine whether current laws are effectively protecting students with disabilities. Make recommendations to improve student safety, while also protecting educators’ abilities to maintain order and safety for everyone in the classroom.

Senate Education Committee

Teacher Workforce: Examine best practice models to recruit, prepare, and retain highly effective teachers. Review teacher professional development, continuing education, and training for teachers, and recommend improved training methods to improve student academic outcomes.

Alternative Education Students: Study current local, state, and national policies and programs for alternative education student populations. Make recommendations to strengthen existing programs and encourage the development of new innovative models.

Adult Education: Identify and evaluate current innovative programs that assist non-traditional students (first-time adult learners, re-enrolling students, working adults, and educationally disadvantaged students) in completing a high school diploma, GED, post-secondary degree, or workforce credential, including a review of adult education charter schools and their performance framework. Make recommendations to help successful expansion with partnered business and education entities.

Disciplinary Alternative Education Programs: Review disciplinary alternative education programs, including lengths of placement, quality of instruction, and the physical conditions of these facilities. Make recommendations to support and promote the academic success of these programs and enhance the ability of public schools to meet the needs of these students through innovative school models.

Digital Learning: Assess the Texas Virtual School Network and recommend model legislation that improves digital learning for students, families, and educators in a 21st Century classroom.

Special Education Services: Evaluate ongoing strategies to continuously improve special education services for students in public schools including, but not limited, to the Texas Education Agency’s corrective action plan.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Education passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 11, relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium; House Bill 3, relating to public school finance and public education; and House Bill 3906, relating to the assessment of public school students, including the development and administration of assessment instruments, and technology permitted for use by students.

Senate Finance Committee

Investment of State Funds: Review the investment strategies and performance of funds invested through the Teacher Retirement System, the Permanent School Fund, and university funds. Make recommendations to better coordinate and leverage Texas’ purchasing power to maximize investment income to the state.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Finance passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 12, relating to the contributions to and benefits under the Teacher Retirement System; …House Bill 4388, relating to the management of the permanent school fund by the School Land Board and the State Board of Education and a study regarding distributions from the permanent school fund to the available school fund; House Bill 4611, relating to certain distributions to the available school fund; …District implementation of increases in teacher compensation provided by the 86th Legislature; and Efficiencies in state-funded health care programs that reduce or contain costs and improve quality of care. Assess the quality and performance of health plans that contract with the state, including contract compliance, financial performance and stability, quality metrics, and consumer surveys, among other indicators. Monitor the implementation of Health and Human Services Commission Rider 19 and Article IX, Section 10.06.

Senate State Affairs Committee

Elections: Study the integrity and security of voter registration rolls, voting machines, and voter qualification procedures to reduce election fraud in Texas. Specifically, study and make recommendations to: 1) ensure counties are accurately verifying voter eligibility after voter registration; 2) improve training requirements for mail-in ballot signature verification committees; 3) ensure every voter has access to a polling station, particularly in counties that have adopted countywide polling; 4) allow the voter registrar, county clerk, and Secretary of State to suspend an unqualified voter’s registration or remove an ineligible voter from a list of registered voters; and 5) ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.

Taxpayer Lobbying: Study how governmental entities use public funds for political lobbying purposes. Examine what types of governmental entities use public funds for lobbying purposes. Make recommendations to protect taxpayers from paying for lobbyists who may not represent the taxpayers’ interests.

School finance and property tax reform bill signed into law

Gov. Abbott signs HB 3 into law at a ceremony at Parmer Lane Elementary in Pflugerville ISD, June 11, 2019.

Just before noon today, Gov. Greg Abbott signed House Bill (HB) 3 into law. The bill signing took place in front of a crowd of reporters at an elementary school in Pflugerville ISD. The governor was flanked by his fellow members of the “Big Three,” Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen (R-Angleton). Also up on stage were members of the House and Senate education and finance committees, the superintendents of San Antonio ISD and Longview ISD, and Texas Commissioner of Education Mike Morath.

The ceremony began with remarks from Gov. Abbott about the importance of this legislation in improving school finance and reducing property taxes, with emphasis on the success of the legislature in working together on a solution in the absence of a court order. Lt. Gov. Patrick, Speaker Bonnen, Senate Education Committee Chairman Larry Taylor (R-Friendswood), and the bill’s author, House Committee on Public Education Committee Chairman Dan Huberty (R-Houston), also spoke at the bill signing ceremony, giving thanks and praise for the efforts of those who collaborated on HB 3.

Notably, Speaker Bonnen thanked the people of Texas, for whom he said the school finance and reform bill had been passed. This remark is a testament to the power of educators and public education supporters across Texas who have made their voices known through voting and advocacy. As we watch the implementation of HB 3, some parts of which take effect immediately while others are delayed, ATPE will stay vigilant in ensuring the integrity of the promises made by our leaders. Stay tuned for more updates as implementation rolls out over the next several months. To learn more about what’s in the bill, check out our detailed HB 3 blog post here.

86th Legislative Session Highlights from ATPE

As the 86th Texas Legislature began its regular session in January 2019, it was dubbed the “session of the teacher” and was marked by abounding promises to fix school finance and provide pay raises to the most important in-school factor contributing to student success: our teachers. Indeed, this session’s legislation included several pro-public education proposals such as a multi-billion dollar school finance and property tax reform bill, efforts to provide an across-the-board teacher pay raise, school safety enhancements, and measures to shore up the Teacher Retirement System (TRS), while mostly avoiding troublesome and divisive topics such as payroll deduction and tactics to privatize education.

However, bills rarely reach the finish line in the same form as they started, while most others don’t make it at all. In fact, there were more than 10,000 bills and resolutions filed this session, but only 1,429 House and Senate bills were finally passed. As a reminder, bills that do finally pass the legislature are still subject to review by the governor. Gov. Greg Abbott vetoed three bills that were on ATPE’s tracking list. The governor vetoed House Bill (HB) 109 by Rep. Armando Martinez (D-Weslaco), which would have required charter schools to give students Memorial Day off as school districts are currently required to do, yet the bill exempted districts of innovation (DOI). Gov. Abbott explained in his veto statement that the bill would have exempted up to 859 school districts, and suggested the legislature draft more targeted legislation in the future. The governor vetoed HB 455 by Rep. Alma Allen (D-Houston), which would have required the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. Despite praising the bill’s good intentions, the governor called HB 455 “bureaucracy for bureaucracy’s sake.” Gov. Abbott also vetoed HB 3511 by Rep. Gary VanDeaver (R-New Boston), which would have created a “Commission on Texas Workforce of the Future.” The governor called the bill redundant and duplicative of work being done by the Tri-Agency Workforce Initiative, which involves the Texas Workforce Commission, TEA, and the Texas Higher Education Coordinating Board (THECB). 

To learn how education issues fared during the 2019 session that ended on Memorial Day, ATPE offers this comprehensive summary prepared by our lobbyists: Jennifer Mitchell, Monty Exter, Mark Wiggins, and Andrea Chevalier. You’ll also find within this post an update on the actions taken by the 86th Texas Legislature on ATPE’s legislative priorities for 2019.

Here’s a list of the topics covered in this post:


School Finance:

ATPE’s top legislative priority this year was improving Texas’s school finance system, and more specifically, supporting legislation to dramatically improve that system in order to provide every child access to an exemplary public education.

Gov. Greg Abbott (R) declared school finance reform to be one of his top priorities and an emergency item for early consideration by the 86th Legislature. Newly elected House Speaker Rep. Dennis Bonnen (R-Angleton) did his part to keep school funding on the minds of state representatives by providing them with cups reading, “School Finance Reform – The Time is Now.” While a handful of school finance bills were filed this session, House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) quickly became the session’s signature piece of legislation. HB 3 was a culmination of selected recommendations from last year’s Commission on Public School Finance that was created by the 85th legislature, as well as other input from education stakeholders such as ATPE.

ATPE supported the version of HB 3 that was approved by a vote of 148-1 in the House chamber. The House-approved bill called for providing billions of dollars to public schools; included important programmatic changes such as full-day pre-K and dyslexia and dual language funding; and it increased the basic allotment. Importantly, the bill as it left the House did not include merit pay provisions ranking teachers competitively or basing their compensation on their students’ performance; nor did the bill tie district funding to the results of student assessments like the STAAR. The Senate sponsor of HB 3, Sen. Larry Taylor (R-Friendswood), pushed forward a revised version of the bill in the upper chamber, which was approved by the Senate on a vote of 26-3 with two senators “present not voting.” As an updated version of the bill progressed through the Senate and ultimately reached a conference committee, ATPE continued to work to keep merit pay and other negative provisions out of the final bill.

State leaders announced on May 23, 2019, that a deal on HB 3 and other key legislation had been reached. Known as the Texas Plan, the final version of HB 3 as passed by the House and Senate now awaits the Governor’s signature as of our writing of this report. It is important to note that the final bill includes approximately $5.2 billion for property tax compression in addition to the $6.2 billion for school resources, and it reduces school districts’ vulnerability to recapture.

In its final form, HB 3 also makes a number of education policy changes that fall outside the scope of traditional school finance legislation, addressing such topics as the creation of a “do not hire” registry for educators who have been accused of misconduct and requiring teachers to demonstrate proficiency in the science of teaching reading. Fortunately, HB 3 as finally passed does not rank educators across or within districts and expressly prohibits compensation being tied to testing in local teacher designation systems. The bill also does not tie school funding to students’ third grade reading scores.

Read more about the major changes to school finance and education policy that are contained in HB 3 in this detailed ATPE blog post about the omnibus bill here on Teach the Vote.

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Educator Pay: 

Increasing educator compensation through plans that foster both retention and a robust workforce at every Texas public school was another ATPE legislative priority this session. We advocated for compensation plans that would allow for local flexibility, encourage educator input, involve factors more meaningful than students’ standardized test scores, and align with other efforts to promote and enhance the education profession.

Leading up to the November 2018 Texas elections and heading into this year’s legislative session, Lt Gov. Dan Patrick (R) made teacher pay a central tenet of his communications. During campaign messaging, he first promised educators a $10,000 pay raise before ultimately scaling back his plan to the $5,000 pay raise encapsulated in Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound).

SB 3’s first high-profile hearing by the Senate Finance Committee coincided with the timing of ATPE at the Capitol, our lobby day event held every legislative session, and several ATPE members testified at the hearing. The Senate quickly passed the more than $4 billion bill out of the upper chamber within the first 60 days of session, after Gov. Abbott declared teacher pay to be another emergency item this year. SB 3 as passed by the Senate called for across-the-board pay raises for classroom teachers and librarians.

However, SB 3 stalled in the House as the lower chamber grappled with its larger school finance bill, HB 3. For its part, House members proposed smaller, state-funded, across-the-board pay raises at the district level that would cover all public school employees except administrators in their version of HB 3. Later in the session. SB 3-style pay raise language momentarily regained life in the Senate’s version of HB 3, but did not make it into the final version of the school finance bill. Ultimately, the combination of legislators opposed to across-the-board raises and the prioritization of property tax compression by state leaders, including Lt. Gov. Patrick, doomed the proposal for a $5,000 across-the-board teacher pay raise.

While it does not guarantee an across-the-board, state-mandated pay raise, the final compromise version of HB 3 does contain two significant provisions on educator compensation. The first requires districts to spend 30 percent of the new revenue they receive under HB 3 on compensation. Seventy-five percent of that portion must be spent on teachers, counselors, librarians, and nurses; with a prioritization of spending the money to increase compensation for classroom teachers with more than five years of experience. Districts are not required to give to every employee within this category an increase. The remaining 25 percent of the compensation carve-out may be spent on compensating other full-time staff who are not administrators. Additionally, districts likely can choose to spend these dollars on benefits such as insurance premiums in lieu of salary hikes.

HB 3 also allows districts to assign their teachers performance designations and draw down additional state funding for compensation based on the combination of a teacher’s designation and the student demographics of the campus in which they teach. The additional funding ranges from $3,000 to $32,000, depending on a teacher’s designation and other factors, but the total amount of money budgeted by the state for this program is only $140 million for the biennium, meaning that it may end up being limited to only a handful of districts. Based on the wording of HB 3, state funding under this program will flow to the districts rather than directly the individual teachers who may earn the designations, allowing districts substantial discretion in how they spend the additional money.

For more information on the compensation provisions found in HB 3 as finally passed, view our blog post about the bill’s details here on Teach the Vote.

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Teacher Retirement System (TRS):

ATPE had two legislative priorities for this session that were connected to the Teacher Retirement System (TRS). Our first priority was preserving educators’ pension benefits, which have remained largely stagnant for several years as a result of the legislature’s failure to inject more money into the system. This year, ATPE actively supported legislative efforts to preserve both the solvency and the defined-benefit structure of the TRS pension program. We also teamed up with Equable, a national nonprofit organization that advocates for pension plan sustainability, to jointly promote legislation that would address the TRS funding shortfall.

ATPE’s other TRS-related legislative priority was funding educators’ healthcare needs. We aimed to help the state and school districts provide active and retired public educators with more affordable and accessible healthcare benefits. With healthcare costs on the rise nationally, active and retired educators alike have seen their medical costs eat up an increasingly larger percentage of their take home pay or TRS annuities.

Retired teachers can rest a little easier knowing that the passage of Sen. Joan Huffman’s (R-Houston) SB 12 (pending the Governor’s signature, of course) will provide a much needed increase in contributions to TRS, making the fund actuarially sound and ensuring that the primary retirement income for many Texas educators will be viable for decades to come. Read more on the details of changes made to TRS, including the provision of a 13th check for current retirees, in this ATPE blog post for Teach the Vote.

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School Safety and Student Health: 

One of the most sweeping bills the legislature passed this session was SB 11 by Sen. Larry Taylor (R-Friendswood), which was aimed at improving school safety in the aftermath of the 2018 deadly school shooting in Santa Fe, Texas. School safety and mental health were among the issues that Gov. Abbott declared as emergency items for the 86th legislative session, following round-table discussions his office held with stakeholders, including ATPE state officers, during the interim.

Although SB 11 and a related mental health bill, SB 10, took a meandering path through the session, legislators ultimately placed a specific focus on improving students’ mental health and assigning specialized teams at each campus to identify individuals who may pose a threat to themselves or others. The bill’s largest component sends $100 million to school districts over the next two years through a school safety allotment for use on facilities and security programs. Read the rest of what SB 11 does in this ATPE blog post for Teach the Vote.

Other school safety-related bills that were passed this session include HB 1387 by Rep. Cole Hefner (R-Mt. Pleasant), which removes caps on the number of school marshals who can serve a public or private school, and HB 2195 by Rep. Morgan Meyer (R-Dallas), which requires that a school district’s multihazard emergency operations plan include a policy on responding to an active shooter situation. Freshman Sen. Beverly Powell (D-Ft. Worth) also passed a bill that pertains to the information law enforcement officials are required to share with school districts when a student is arrested. Her SB 2135 helps superintendents and school boards work together with law enforcement  agencies to exchange information that can be used to conduct a threat assessment or prepare a safety plan related to a student who may pose a threat.

Another noteworthy bill that passed this session and could be directly attributed as a reaction to recent school shootings was HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). It sets forth protocols for the provision and use of bleeding kits in public schools, as well as training of students and staff to respond to traumatic injuries.

A couple of education-related bills were passed this session that aim to prevent or respond to the growing problem of child sex trafficking. HB 111 by Rep. Mary Gonzalez (D-Clint), calls for school district employees’ training to include recognizing the signs of sexual abuse and sex trafficking of children with significant cognitive disabilities. HB 403 by Rep. Senfronia Thompson (D-Houston) similarly requires superintendents and school board trustees to undergo training in identifying and reporting sexual abuse, human trafficking, and other maltreatment of children.

Lawmakers also approved bills this session that address students’ mental health, HB 18 by Rep. Four Price (R-Amarillo) is a bill that grew out of interim recommendations and strives to help school employees be aware of and provide interventions for students with mental health challenges, substance abuse, or a history of trauma. HB 19, also by Rep. Price, requires mental health professionals in each Education Service Center (ESC) region to provide training and resources to help address public school students’ mental health. Additionally, Rep. Todd Hunter’s (R-Corpus Christi) HCR 137 designates the month of September as Suicide Prevention Month for the next 10 years. Also, SB 435 by Sen. Jane Nelson (R-Flower Mound) requires local school health advisory councils to recommend appropriate opioid addiction and abuse curriculum that can be used by the school district.

Finally, there are some student health-related bills that passed and are worth mentioning. This session Rep. Dan Huberty (R-Kingwood) finally passed HB 76, a bill he has carried for several sessions aimed at providing student athletes access to cardiac assessments before they participate in certain activities sponsored by the University Interscholastic League (UIL). Rep. Travis Clardy (R-Nacogdoches) also passed HB 684 enabling school nurses and other trained public school employees to provide assistance to students with seizure disorders. Likewise, HB 2243 filed by physician and Rep. Tom Oliverson (R-Houston) aims to help school nurses administer asthma medication to certain students. SB 869 by Sen. Judith Zaffirini (D-Laredo) calls for an ad hoc committee to consult with the commissioner of education on updating guidelines for the care of students with food allergies who are at risk for anaphylaxis.

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Student Testing:

A handful of bills pertaining to student testing are on their way to the governor’s desk as of our writing of this report. Sen. Kel Seliger’s (R-Amarillo) bill to continue Individual Graduation Committees (IGCs), SB 213, has already been signed into law by Gov. Abbott. The ATPE-supported bill originally aimed to make the IGC law permanent, but its final version simply extends the sunset date for the law to September 1, 2023, making it ripe for consideration again during the 2021 or 2023 legislative session.

The largest testing bill that passed this session is HB 3906 by Rep. Dan Huberty (R-Kingwood), which makes a variety of changes to how state assessments are administered and the content of the tests. Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) changes the end-of-course exam for U.S. History to include 10 questions from the civics test used in the naturalization process; and HB 1891 by Rep. Lynn Stucky (R-Denton) will allow those who reach a required score on high school equivalency exams to be exempt from taking the Texas Success Initiative assessment.

Read more about these bills and others pertaining to testing in this ATPE blog post for Teach the Vote.

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Special Education:

During the interim, special education advocates worked diligently on the state’s Special Education Strategic Plan and Corrective Action Response, which was ordered by the U.S. Department of Education (ED) due to Texas’s artificial 8.5% cap on special education enrollment. Advocates also worked with the Texas Commission on Public School Finance last year, carrying legislators into the session with renewed energy for special education reforms.

To invigorate everyone even more, news broke just before session that our state faced penalties from ED due to the Texas Education Agency’s failure 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 in the year before, and thus, Texas was being assessed a $33.3 million financial penalty by ED. Unfortunately, the state has continued this trend, and it is now estimated that the federal penalty will reach $233 million.

Legislation passed this session hopes to address this issue going forward. The funding changes in the major school finance bill, HB 3, and under the state’s supplemental appropriations bill, SB 500 by Sen. Jane Nelson (R-Flower Mound), should help address Texas’s issue with maintenance of financial support. HB 3 raises the mainstream weight from 1.1 to 1.15; creates a new dyslexia weight of 0.1; and establishes a special education allotment advisory committee. SB 500, the supplemental budget, includes over $219 million to settle maintenance of financial support costs and prevent future penalties.

Other bills will impact special education beyond funding, such as HB 165 by Rep. Diego Bernal (D-San Antonio), which will allow students in special education programs to earn high school endorsements on their transcripts, and SB 139 by Sen. Jose Rodriguez (D-El Paso), which will provide parents with clearer notice on special education rights, including information related to evaluation and eligibility. Additionally, SB 522 by Sen. Judith Zaffirini (D-Laredo) improves the development of individualized education programs (IEPs) for students who are visually impaired, and SB 2075 by Sen. Angela Paxton (R-McKinney) aims to improve school districts’ compliance with dyslexia screening and parental notification.

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Payroll Deduction:

Protecting educators’ right to use payroll deduction for the voluntary payment of their professional association dues was another ATPE priority for 2019. In 2017, ATPE and other groups that represent public employees fought off vigorous, politically motivated efforts to repeal the payroll deduction statute, with the issue being named a top priority of Lt. Gov. Dan Patrick and even being added to Gov. Greg Abbott’s list of urgent issues that he felt necessitated a special session that summer. Those efforts failed last session, and ATPE was prepared to fight any similar legislative efforts this session.

Despite frequent pleas from far-right groups like Empower Texans and the Texas Public Policy Foundation to compel the 86th Texas Legislature to do something about the “union dues” issue, ATPE is pleased to report that not a single bill was filed this year aiming to eliminate payroll deduction for educators. There were some efforts in the final days of the session to try to amend language onto other bills that could prevent public employees from using payroll deduction, but those efforts failed.

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Class Sizes:

Early in the session, the House Public Education Committee heard HB 1133 by Rep. Jonathan Stickland (R-Bedford). This bill would have changed the current hard cap of 22 students in a single elementary grade classroom to a campus-wide, grade-level average, having the effect of allowing class sizes to dramatically expand. ATPE strongly opposed this bill, but it was unfortunately voted favorably out of the committee. After weeks of inaction on the bill, the language from HB 1133 was abruptly amended as a House floor amendment onto one of Rep. Huberty’s school accountability bills, HB 3904. The next day, this language was stripped from HB 3904 following a third-reading amendment by Rep. Chris Turner (D-Grand Prairie). What followed was quite extraordinary. Within hours, HB 1133 was added to a floor calendar and set to be voted on by the full House. Rep. Stickland postponed a vote on the bill three times, and when he finally allowed for a vote, the House defeated HB 1133 by a vote of 44 yeas and 97 nays. For more about the debate and to find out how your legislator voted on HB 1133, check out our coverage here on the Teach the Vote blog. ATPE thanks those who called their legislators and helped us oppose this bill in order to protect class-size limits, which are part of ATPE’s member-adopted legislative program.

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Private School Vouchers:

ATPE’s final legislative priority for the 86th legislative session was opposing the privatization of public schools through programs such as vouchers, scholarships, tax credits, education savings accounts, or allowing private entities to take over the authority and accountability vested in locally elected school boards. During the 2017 legislative sessions, private school vouchers were a top priority for Lt. Gov. Dan Patrick, and voucher legislation easily passed the Texas Senate only to be stalled in the House. The House members’ unambiguous opposition to vouchers last session, combined with the strong statement made in 2018 by educators showing up in higher numbers at the polls, dissuaded lawmakers and even state leaders from pushing a voucher priority this year. ATPE is happy to report that no major private school voucher bills like the ones filed last session were heard in committee this time around.

There were a handful of bills considered this session that ATPE and others deemed to be virtual voucher bills. The primary bill in this group was SB 1455 by Sen. Larry Taylor (R-Friendswood). SB 1455 would have eliminated statutory limitations on a student’s ability to demand access to more than three virtual school courses in a semester. The bill also called for expanding the number of full-time virtual school programs and access to those programs for students in grades K-2. Virtual school programs while accessed through a school district or charter school are operated almost exclusively by private, often for-profit, providers. Research has consistently shown that such full-time programs do a poor job of educating students compared to traditional brick-and-mortar schools, but they are a source of large profits for the providers at the expense of taxpayers. Other similar bills were filed this session by Sens. Donna Campbell (R-New Braunfels) and Bob Hall (R-Edgewood). Thankfully, all of these ATPE-opposed virtual school expansion bills failed to make it out of the House Public Education Committee this session.

Although not technically a “voucher” bill, ATPE believes it is worth mentioning this session’s version of the so-called “Tim Tebow” bill. Session after session, lawmakers have filed bills named in honor of the famous athlete who was home-schooled. The bills attempt to force public schools to allow home-schooled students to participate in their activities through the University Interscholastic League (UIL). The latest iteration was HB 1324 by Rep. James Frank (R-Wichita Falls), which ATPE opposed based on our member-adopted legislative program. During its hearing by the House Public Education Committee, ATPE submitted written testimony against HB 1324, expressing our concern that there was no assurance under the bill that home-schooled students would be required to meet the same prerequisites for UIL participation as public school students. The bill was expected to be brought up for a committee vote a couple weeks later, but was left off of the vote list, likely in response to growing opposition to HB 1324. ATPE appreciates the members, educators, parents, coaches, and other stakeholders who called their legislators to oppose this bill.

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Charter Schools:

In the previous regular legislative session of 2017, charter schools walked away with $60 million in first-time state facilities funding and the ability to operate school district campuses and receive financial benefits through “1882 partnerships,” a reference to the enabling legislation, SB 1882 (2017). While charter school legislation did not take center stage this session, several bills affecting charter schools are headed to the governor’s desk.

Some bills that passed this session have the effect of treating charters in the same manner as traditional public schools. HB 109 by Rep. Armando Martinez (D-Weslaco) prohibits charters from operating on Memorial Day; HB 2190 by Rep. Todd Hunter (R-Corpus Christi) allows children of charter school employees to attend their parents’ school; and SB 372 by Sen. Donna Campbell (R-New Braunfels) allows charter governing bodies to employ security personnel, commission peace officers, and enter into agreements with law enforcement to assign school resource officers. Additionally, SB 2293 by Sen. Pat Fallon (R-Prosper) subjects charter school employees to the same collective bargaining and anti-striking laws as all other public school employees. SB 2293 also creates a common application for charter school admission and a requirement that the Texas Education Agency (TEA) maintain and report on the nebulous “charter waiting list” often cited by charter school proponents as justification for their further expansion.

While the above-referenced bills do bring some parity between charters and traditional public schools, ATPE also supported several bills this session that would have had an even greater impact but did not pass. For instance, HB 43 by Rep. Gina Hinojosa (D-Austin) would have prohibited charters from using exclusionary admission policies based on students’ discipline history, and HB 1853 by Rep. Leo Pacheco (D-San Antonio) would have required charter schools to employ certified teachers.

Other bills that passed this session will impact charter school finance and expansion. The previously discussed omnibus school finance bill, HB 3, affects charter school funding, including requiring charters to pay their fair share into TRS and removing the charter benefit of the small and midsize adjustment. SB 668, a mandate relief bill by Sen. Bryan Hughes (R-Mineola), allows charters to submit an expansion approval request up to 18 months before expanding and requires that charters notify school superintendents affected by the expansion. Unfortunately, this is a pared-down version of stricter notification requirements that were included in the bill as it left the House. Other related bills that passed include HB 4258 by Rep. Jim Murphy (R-Houston), which provides the attorney general with the sole authority to approve the tax-exempt status of charter school bonds, nixing the authority of municipalities. Lawmakers also approved SB 2117 by Sen. Paul Bettencourt (R-Houston), which provides the financial benefits of 1882 partnerships to previously established partnerships in Spring Branch ISD and Aldine ISD that were formed prior to the final implementation of SB 1882. Lastly, SB 1454 by Sen. Larry Taylor (R-Friendswood) improves the transparency of the sale, lease, and disposition of closed charter schools and their assets.

A couple of other charter-related bills passed the legislature, including HB 4205 by Rep. Tom Craddick (R-Midland), which allows for large charter operators to repurpose a closed public school district campus with the requirement that the same students who were at the campus before it was closed be admitted. Finally, HB 1051 by Rep. Gary VanDeaver (R-New Boston) makes permanent the Goodwill Excel Center, an adult high school diploma and industry certification charter school pilot program, and codifies its best practices.

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Student Discipline:

Legislators also passed several bills related to student discipline this session. HB 3630 by Rep. Morgan Meyer (R-Dallas) and SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) are identical bills prohibiting the use of “aversive techniques,” which are described as techniques or interventions intended to inflict pain or emotional discomfort. This includes sprays, electric shocks, using a device to restrain all four extremities, and denial of the ability to use the restroom. Teacher organizations worked with the bill authors to ensure that this legislation would not prevent an educator from using a technique outlined in a student’s behavioral intervention plan (BIP) or from removing a student from class when necessary.

Regarding the removal of students, SB 2432 by Sen. Larry Taylor (R-Friendswood) adds criminal harassment against a district employee to the list of conduct that will result in a student’s automatic removal from a classroom. This would mandate that a student who threatens a teacher or sends them harassing electronic communications is immediately removed from class. Another bill also by Sen. Taylor, SB 1451, states that negative action may not be taken against an educator solely on the basis that the teacher made disciplinary referrals or documented student misconduct. ATPE supported these bills.

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School Turnaround:

Lawmakers spent considerable time this session discussing ways to improve student performance at public schools that are struggling under the state’s accountability system. Finding a programmatic “fix” that will dramatically improve performance in a reasonably short period of time, and in particular, one that is capable of being replicated, has long been an elusive goal of state and local policymakers and many education reformers. The latest attempt is called the “Accelerated Campus Excellence” (ACE) approach. The program, which began in Dallas ISD and has spread to a handful of other districts mostly in the DFW metroplex, has shown some promise and caught the attention of lawmakers when it was discussed during interim hearings of the Texas Commission on Public School Finance last year.

In a nutshell, ACE consists of a robust set of wraparound services for students at a persistently struggling campus, along with salary incentives and additional training for the teachers at the campus. The program utilizes a campus reconstitution approach, where a principal, often new to the campus, assembles a team of educators, some of whom are already teaching at the campus but many of whom are new. Many aspects of ACE mirror initiatives that ATPE has long advocated, such as using financial incentives to entice high-quality, often more experienced, educators to work at hard-to-staff campuses; offering robust mentoring and professional development; and providing students with robust wraparound supports. Unfortunately, the high cost of both the educator stipends and the wraparound services has made the longer-term sustainability of an ACE program questionable.

Several bills this session included provisions that would add ACE program language to state law, including both the House and Senate versions of HB 3. Regrettably, most of the provisions included in such bills featured heavy reliance on students’ standardized test performance data, including the use of STAAR data, to select educators for ACE campuses; provisions that rank teachers competitively by district or statewide, again based largely on student performance; and giving the appointed commissioner of education extreme control over the programs and their approval.

Ultimately, the ACE provisions were removed from HB 3, the omnibus school finance bill. However, the legislature did also pass HB 4205 by Rep. Tom Craddick (R-Midland) which had been amended with language from another stand-alone ACE bill, SB 1412 by Sen. Charles Perry (R-Lubbock). HB 4205 as finally passed contains a watered down and unfunded provision that allows districts, subject to commissioner approval, to use a version of ACE as a turnaround plan for a multi-year IR campus under Section 39.105 of the Texas Education Code.

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Political Speech:

In addition to advancing pro-public education legislation, ATPE worked to stop proposals this session that would have hindered the ability of our schools, teachers, and students to receive the best education possible. Specifically, ATPE worked to block SB 1569 by Sen. Pat Fallon (R-Prosper) and SB 904 by Sen. Bryan Hughes (R-Mineola). These bills would have had the combined effect of subjecting educators to extensive restrictions on political speech that go far beyond those that apply to any other group of public employees. Under these bills, teachers would have faced criminal penalties for all kinds of innocuous activities, including break room conversations of a political nature and teaching students about civic engagement as required by the Texas curriculum standards. Neither bill made it all the way through the legislative process.

ATPE also opposed SB 9, another controversial bill by Sen. Hughes that would have significantly increased the criminal penalties for mistakes made by voters, decreased voter privacy, and made voter registration more difficult. The Senate passed SB 9 on a party line vote, but the measure stalled in the House late in the session where it could not make it onto a calendar for floor consideration.

Another pair of bills that were of concern to some education groups were SB 29 by Sen. Bob Hall (R-Edgewood) and HB 281 by Rep. Mayes Middleton (R-Wallisville), aimed at preventing public entities from hiring lobbyists or paying dues to associations that lobby the legislature. While it is difficult to speculate what impact those bills might have had on groups like ATPE that do not receive their dues dollars from public entities, there is no question that weakening the ability of local schools to communicate their needs to the legislature was one of the authors’ goals. Fortunately, a deluge of messages from public education supporters all over Texas helped convince legislators to reject the bill in a major late-session vote on the House floor on May 20.

It is widely believed that these bills were filed in response to pressure from certain anti-public education groups reacting to the overwhelming pro-public education sentiment expressed by many voters in the most recent elections. Some of these bills came perilously close to becoming law, and ongoing advocacy by educators during the legislative session was among the key determining factors in preventing them from making it to the governor’s desk.

Indeed, if there is a single takeaway for the education community following the 2019 legislative session, it is reinforcement of the fact that political participation by educators is essential for the defeat of anti-public education bills. Stated differently, the engagement of educators in every election cycle and through grassroots communications with their elected officials, especially during a legislative session, is what produces successful outcomes for public education. ATPE thanks all those who helped prioritize the needs of public schools, educators, and most importantly, students during this 86th legislative session.

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Senate Education Committee winds up last hearing

The Senate Education Committee met late Friday afternoon to consider another round of bills sent over from the House. The meeting was not posted in advance, with Chairman Larry Taylor (R-Friendswood) instead announcing the meeting an hour and a half ahead of time from the Senate floor. Sen. Taylor said Friday would be the committee’s last meeting. The committee heard testimony on the following bills:

  • HB 637, which would eliminate a law that ties the salaries of the superintendents of the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf to other administrators at their own schools. The salary is currently limited to 120 percent of the annual salary of the highest paid instructional administrator at the school. Sen. Kirk Watson (D-Austin) explained that this created a problem when the top staffer departed one of these schools and the superintendent’s salary dropped ten percent as a result. Sen. Watson further explained that the salary would be capped in the budget instead.
  • HB 808, which would require reporting demographic and academic data in districts with more than 1,000 African-American males. Sen. Borris Miles (D-Houston) explained that this is intended to study and address academic performance within this demographic group.
  • HB 1387, which would eliminate the cap on school marshals. The current cap is one marshal per 200 students. This bill drew numerous witnesses to testify in opposition, despite the late posting.
  • HB 2195, which would require an active shooter emergency policy to be included in a school district’s multi-hazard emergency operations plan.
  • HB 2526, which is aimed at eliminating a problem arising when a boundary between two school districts passes through a single homestead, causing the owner to pay taxes to both districts.
  • HB 4270, which would allow a municipal management district to provide funding for improvement projects for public education facilities as part of the long list of improvement projects or services they can provide.

The committee voted to advance HB 637, with Sens. Paul Bettencourt (R-Houston) and Bob Hall (R-Edgewood) voting no; HB 808, with Sens. Bettencourt, Donna Campbell (R-New Braunfels), and Hall voting no; HB 1387, with Sens. Eddie Lucio (D-Brownsville), Beverly Powell (D-Burleson), Watson, and Royce West (D-Austin) voting no; HB 2195; and HB 2526.

Teach the Vote’s Week in Review: May 17, 2019

With major session deadlines hitting this weekend, here’s a look at this week’s legislative developments, courtesy of the ATPE Governmental Relations team:


ATPE Lobbyist Andrea Chevalier testified in the House Public Education Committee, May 14, 2019.

  The House Public Education Committee met once again on Tuesday to continue hearing bills already passed by the Senate. As reported by ATPE Lobbyist Andrea Chevalier in this blog post, much of the focus of Tuesday’s hearing centered on the  Accelerated Campus Excellence (ACE) turnaround programs proposed by Senate Bill 1412. While the bill contains some measures that ATPE supports, we testified against the bill due to its provisions for the forced ranking of teachers in a school district (which could possibly be based on student performance on standardized tests) and requiring districts to contract with third-party vendors to implement their ACE programs. Similar legislation has been moving through the Senate Education Committee, and related language is being considered as part of House Bill 3, the school finance bill that is pending in conference committee. Read more about that bill below.

Under mandatory session deadlines, this week marked the last week for bills to be heard by House committees in order for them to have a chance of reaching the House floor. The House Public Education Committee also met Thursday to vote out more of the pending bills.


Senate Education Committee meeting, May 14, 2019.

Like its counterpart in the lower chamber, the Senate Education Committee met twice this week on Tuesday and Thursday to hear its final bills of the session. Although the committee can still meet to vote out pending bills that have already been heard, the committee will not hear any additional bills or take testimony from this point forward. One such formal meeting is taking place this afternoon, where the committee is expected to vote on additional pending bills.

During this week’s earlier meetings, the Senate Education Committee voted to advance a number of bills supported by ATPE, including House Bill 165 enabling high school students in special education programs to receive endorsements and House Bill 2424 requiring the State Board for Educator Certification (SBEC) to establish and issue new micro-credentials for educators. The committee also approved HB 4205, which as amended is another of the ATPE-opposed bills pertaining to ACE campuses and the criteria under which teachers would be eligible to work on those campuses.

More on these Senate Education Committee hearings can be found in this week’s blog posts from ATPE Lobbyist Mark Wiggins here and here.


The most high-profile bills of the 86th legislative session pertaining to public education are being negotiated by conference committees appointed for the purpose of resolving differences between House and Senate versions of the same bill. Among those bills is the state budget in HB 1, which is the only bill required to be passed before time runs out. Fortunately, the conference committee for HB 1 is holding its last meeting this afternoon, signaling that a final budget deal is near.

This week the conference committee for HB 3 also continued its meetings on the school finance legislation, aiming to release a compromise bill next week. As negotiations progress, ATPE is hopeful that the bill’s final version will include an across-the-board raise for educators, although it is unclear what amount will be attached to that raise and how it will be structured. While the final bill will most likely contain some form of merit pay, there seems to be a desire among legislators to limit the use of STAAR test data in determining such pay. Additionally, we are optimistic that a final compromise on HB 3 will no longer include many of the controversial outcomes-based funding proposals and additional testing that the Senate included in its version. Even as these rumors are promising, ATPE urges our members to continue to contact your legislators to share your voice on HB 3 using our quick and easy tools on Advocacy Central.

Another bill that has been referred to a conference committee is SB 12, containing language to increase state contributions to TRS and provide retired educators with a 13th check. Since both bills deal with a substantial amount of state funding, a compromise proposal for the TRS bill is likely to be shared only once an agreement has been reached on the larger HB 3. For the latest updates on these bills, be sure to follow @TeachtheVote on Twitter.


Educators’ right to a political voice continues to be a subject of interest in the final rush of session, and bills that could have a negative impact on the education community remain active at various stages in the legislative process.

Unlike last session, this year no legislator filed a bill to limit the ability of educators to pay their voluntary membership dues to organizations such as ATPE through the convenience of payroll deduction. However, there are some legislators still hoping to pass a ban on payroll deduction as an amendment to another bill in these last few days of the session. One failed attempt came earlier this week when Rep. Phil King (R-Weatherford) floated a trial balloon during a House floor debate on a bill pertaining to the comptroller’s electronic funds transfer system. Recognizing that it was unlikely to succeed, Rep. King withdrew his amendment that was aimed at limiting payroll deduction options for certain public employees who receive payments electronically from the comptroller’s office, such as retirees’ annuities.

There is still a possibility that a similar payroll deduction amendment could be added to Senate Bill (SB) 29 by Rep. Mayes Middleton (R-Wallisville), which is a high-profile First Amendment-related bill that could come to the House floor this weekend. SB 29 has been described by its supporters as banning “taxpayer-funded lobbying,” but opponents say the bill is actually aimed at weakening the ability of locally-elected school boards, county leaders, and city governments to petition the state on matters of concern to local voters. In its current form, SB 29 proposes to prohibit such governmental entities from paying dues with taxpayer funds to organizations that lobby the legislature on certain issues. Notably, the bill’s anti-lobbying provisions would not apply to charter schools. The interest groups responsible for promoting SB 29 have a long history of fighting against public education and pushing bills aimed at weakening public schools.

Meanwhile, the clock is running out on other bills more directly aimed at educators. SB 1569 by Sen. Pat Fallon (R-Prosper) would outlaw certain political conversations between public school employees while on school grounds. This ATPE-opposed bill was left pending in the House Elections Committee, which has no further plans to meet this session. However this same committee did vote to advance SB 9 by Sen. Bryan Hughes (R-Mineola), which would increase the penalties associated with various prohibited election-related activities. While pitched as a way to protect the integrity of local elections, many of the provisions are written so broadly that they threaten to have a chilling effect and depress voter turnout in many cases. SB 9 also could be heard on the House floor as soon as this weekend.