The Senate Education Committee met today in its final interim hearing before kicking off the legislative session in 2019. The agenda included a discussion on mandate relief and innovation as well as an update on the implementation of two bills pertaining, respectively, to the Pathways in Technology Early College High School (P-TECH) program and educator misconduct.
The committee spent the majority of their time on the mandate relief discussion, which was guided by the following interim charge:
Mandate Relief/Innovation: Review, modify, or abolish chapters of the education code. Specifically, study cost-drivers, unnecessary mandates, reduction/elimination of inefficiencies, focus on policies or opportunities targeted to improving student outcomes, and better utilization of taxpayer resources.
The invited panel of witnesses primarily included members of a work group convened this year by Lt. Gov. Dan Patrick. The group was tasked with agreeing to changes to the Texas Education Code that provided mandate relief or innovation. The group consisted of a variety of education stakeholders, including ATPE, and ultimately agreed upon 20 recommendations (only unanimously agreed upon recommendations were advanced) for the 86th Legislature to consider in 2019.
The group’s work included considerations on data reporting, school operations, teacher quality, and classroom conduct, among other categories. The work did not include mandate discussions related to accountability or assessments. The official work group report will be released soon.
Regarding the innovation piece of the charge, ATPE member Aletha Williams testified in her capacity as a Teach Plus Texas fellow. She spoke about the importance of quality mentoring programs for teachers, saying that “when teachers receive quality mentoring at the beginning of their teaching career, they are much more likely to stay in the profession and become highly qualified educators.” While Texas has seen mentoring programs in the past, such a state-wide, funded program would currently be a new and welcomed addition.
The committee also monitored the implementation of last year’s Senate Bill (SB) 22 pertaining to the P-TECH program and SB 7 regarding inappropriate relationships between students and educators. The Texas Education Agency (TEA) offered invited testimony on the educator misconduct piece, saying the number of reports has risen since SB 7 was enacted, and increasing the reporting was the intent of the legislation. TEA also highlighted the issue of uncertified educators, which are on the rise due to laws like Districts of Innovation that enable many districts to exempt themselves from requirements to hire certified teachers. TEA and the State Board for Educator Certification (SBEC) lack jurisdiction over these uncertified school employees when it comes to sanctioning inappropriate relationships and other educator misconduct. Some senators again raised their desire for a “Do Not Hire Registry,” confirming a bill to implement such a registry would be filed in the upcoming session.
An archived video of the full hearing can be found here.
This past Tuesday was Election Day. All across the country registered voters lined up at polling places (some with hours-long waits) to cast their ballots and make their voices heard. There were a number of impressive wins and historical elections across the country and Texas was no exception. Turnout for this midterm election was nearly double what it was in 2014.
While Texas’s Governor, Lieutenant Governor, and U.S. Senator Ted Cruz were all able to secure reelection, the margins by which they won were closer than usual. Democrats in the Texas House were able to flip 12 seats, a gain that has implications for the impending race for a new House Speaker, while the minority party in the Senate also gained two seats. Senate Democrats will most likely still face a vacancy for at least the first part of the 2019 legislative session; Sen. Sylvia Garcia (D-Houston) announced her resignation today following her election to a U.S. Congressional seat on Tuesday. Gov. Greg Abbott must now call a special election to fill the state senate seat within the next couple of months. Additionally, the seat flipping in the state legislature might not be complete at this point as a number of candidates who seemingly lost their elections Tuesday by narrow margins are waiting for provisional and mail-in absentee ballots to be counted. Margins that remain slim following the completion of the vote counting could trigger recounts in a few races.
What we know for sure at this point is that Texans made a statement with this election by electing a myriad of pro-public education candidates to office. ATPE Lobbyist Mark Wiggins breaks down the math of this week’s election results in this blog post.
A 2012 decision by the state of Texas to spend less money on students with disabilities is coming back to haunt it. The U.S. Court of Appeals for the Fifth Circuit has ruled to uphold a penalty levied by the U.S. Department of Education that withholds $33.3 million dollars in federal funding from Texas’s special education grants. The penalty was imposed after Texas was found to have withheld the same amount of money in funding for special education programs. While the state argued that its special education programs had helped students overcome their disabilities and hence fewer special education services were needed following the 2012 funding decrease, the federal education ageny contended that states can not reduce funding levels from year to year.
After more than a year of voter mobilization efforts aimed at making an impact on the Texas Legislature, educators sprinted across the finish line Tuesday with plenty to be proud of.
Pro-public education candidates for the Texas House of Representatives, both Democrats and Republicans, had a great night. When the dust settled, 74 percent of candidates supported by ATPE-PAC won their races. Conversely, many candidates backed by the infamous group Empower Texans lost their races last night. Forty-two candidates endorsed by the pro-public education entity Texas Parent PAC were victorious, including these new representatives-elect:
HD 4—Keith Bell, R-Forney
HD 8—Cody Harris, R-Palestine
HD 46—Sheryl Cole, D-Austin
HD 47—Vikki Goodwin, D-Austin
HD 52—James Talarico, D-Round Rock
HD 62—Reggie Smith, R-Van Alstyne
HD 105—Terry Meza, D-Irving
HD 113—Rhetta Bowers, D-Garland
HD 114—John Turner, D-Dallas
HD 115—Julie Johnson, D-Addison
HD 118—Leo Pacheco, D-San Antonio
HD 121—Steve Allison, R-San Antonio
HD 126—Sam Harless, R-Houston
HD 136—John H Bucy III, D-Round Rock
Democrats gained 12 seats in the Texas House, which lowers the mathematical advantage for Republicans to 83-67 from the more lopsided 95-55. This shouldn’t matter on most issues, but it could be extremely significant when it comes to dealing with highly partisan legislation such as vouchers or another anti-teacher payroll deduction bill, which the Republican Party of Texas has declared a top legislative priority despite resistance from within the Republican caucus. This new math could also influence the selection of a new House speaker to replace retiring pro-public education Speaker Joe Straus (R-San Antonio).
Over to the Texas Senate, the addition of two pro-public education members marks a slight improvement over the last legislative session. Beverly Powell defeated incumbent state Sen. Konni Burton (R-Colleyville) 52-48%, and Nathan Johnson defeated incumbent Sen. Don Huffines (R-Dallas) 54-46%. Their election helps offset the loss of a Democrat-held seat won by Republican state Senator-elect Pete Flores during a summer special election for Senate District 19.
The GOP majority in the Texas Senate now changes to 19-12 from 21-10, however Republicans will hold a 19-11 advantage for the majority of session due to U.S. Representative-elect Sylvia Garcia’s (D-Houston) refusal to resign her state senate seat on time to hold a replacement election before the legislative session begins.
Under the Senate’s 3/5 rule, 19 votes are needed to pass most major legislation, and just 18 votes will be needed until Garcia’s seat is filled. This is very significant math in the Senate, where Lt. Gov. Dan Patrick (R-Texas) was able to push through multiple anti-public education bills, including voucher legislation, along largely party-line votes last session. However, there is reason to be optimistic that the results of this election cycle may embolden some pro-public education Republicans in the Senate to stand up to the lieutenant governor on these divisive issues.
Speaking of the lieutenant governor, Texas voters awarded him four more years Tuesday night. Despite his extremely anti-public education policies, Dan Patrick won reelection with a 51-46% victory over Democratic businessman Mike Collier. Patrick’s support roughly tracked with his GOP colleagues on the statewide ballot. Patrick, U.S. Sen. Ted Cruz, and Texas Attorney General Ken Paxton each received about 4.2 million votes. Gov. Greg Abbott received the most votes at 4.6 million.
The results up and down the statewide ballot were fairly consistent despite vast differences in the amount spent in each race. Cruz’s Democratic challenger, Congressman Beto O’Rourke, raised a staggering $70 million. His performance at the polls was largely mirrored by his statewide Democratic colleagues who raised a fraction of that amount. Democrats dominated the state’s largest urban areas and were thereby able to flip several local seats, but their numbers were not sufficient to overcome rural Republicans’ advantage in statewide races.
Now begins the process of dissecting the polling data to try and derive additional insights. At a general level, the Democratic strategy relied in part on mobilizing Democratic voters to achieve presidential election-level turnout while hoping Republicans turned out at typical midterm election levels. What happened instead was both Democrats and Republicans turned out at levels approaching a presidential election.
A total of 8.3 million Texas voters turned out for the 2018 midterm elections, compared to just 4.6 million voters for the 2014 midterms. Tuesday marked the highest turnout for a midterm election in Texas history, overall second only to the 2016 presidential election in which just shy of 9.0 million Texans voted. Looking deeper, about 400,000 fewer people voted for Cruz in 2018 than voted for Donald Trump in 2016. Conversely, O’Rourke received roughly 400,000 more votes than Hillary Clinton.
Registration of eligible voters increased to 79.40 percent in 2018 from 74.15 percent in 2014. This year’s turnout of 52.70 percent marked a 59 percent increase in turnout from 33.70 percent who participated in 2014. Turnout for the 2016 presidential election was 59.39 percent. In raw numbers, turnout compared to the last midterm election was nearly double.
So what does this all mean? It means that overall, educators did a great job electing local candidates who will stand up for public education. Through your hard work, you’ve made a positive difference on the political math within the Texas Legislature. Notwithstanding this success, arguably the largest challenge facing educators will be the retention of statewide leaders who have not taken the most education-friendly stances in the past. Will close calls during this election and the increase in voter turnout and enthusiasm among the education community this year provide an incentive for state leaders to become more responsive to and accountable for the needs of public schools? With the elections over, the battle now moves from the ballot box to the statehouse. Educators will need to harness the same enthusiasm to help make the 2019 legislative session a success for our students and classrooms.
The Democrat wants to draw teachers and education-minded voters away from the Republican Party. But can he win over enough educators to unseat a powerful incumbent?
Democrat Mike Collier (left) is challenging Republican incumbent Lt. Gov. Dan Patrick. Photos by Bob Daemmrich: Collier/Marjorie Kamys Cotera: Patrick.
TAYLOR — It was a weekday morning, and Williamson County’s retired teachers were back in school.
Dozens of them gathered one October Friday in a large conference room off of Main Street Intermediate School, where the walls were beige concrete blocks, the sunlight was sneaking through the blinds, and the speakers — a slate of Texas candidates — were fighting to keep the room’s interest. Casting a shadow on the projector screen at the front of the room was Mike Collier, the Democratic candidate for lieutenant governor, who was preparing to hit a softball: Does Texas need its state retirement benefits system for teachers?
“Yes,” he said simply. “First of all, it’s the right thing to do. … It’s self-evident.”
He began to make a pulpit of his plastic table.
“And we’re a prosperous state! And we can afford it!” he continued, finger-wagging for emphasis. When he sat down, the room applauded.
On his longshot campaign to unseat incumbent Lt. Gov. Dan Patrick, Collier is hoping he’s popular in a lot of rooms that look like this one — where after hearing from him, education-focused voters in a reliably red county said in interviews that they planned to vote for Republican Gov. Greg Abbott, then cross over to back Collier.
Collier, a Houston accountant and a failed 2014 candidate for Texas comptroller, is at a deep, perhaps insurmountable disadvantage in deep-red Texas, where Patrick has served in state government for more than a decade and accumulated about 35 times as much cash on hand.
Still, Collier says he can see a path to victory — and it starts here, in a crowd of retired teachers, scribbling on the bingo card-like sheets they’ve prepared for the occasion, sipping coffee out of teeny foam cups, some nodding along and a few nodding off.
But are there enough rooms like this to carry him to victory?
“The most conservative lieutenant governor in the history of Texas”
Patrick is the heavy favorite to keep his seat in a state that hasn’t elected a Democrat to statewide office in more than 20 years. He has the fundraising muscle, the endorsements and, more than likely, the reliable voters of a reliably dominant majority party.
As the leader of the Texas Senate, Patrick is one of the most powerful Republicans in the state, and he’s used his influence to push socially conservative policies through the upper chamber at an impressive clip — abortion restrictions, border enforcement, anti-“sanctuary cities” laws. Republican senators credit him with firm, effective leadership; liberals consider that effectiveness perhaps the state’s greatest threat to their values.
Patrick chaired President Donald Trump’s 2016 campaign efforts in Texas, and shared the stage with him at a campaign rally in Houston this week, drawing some of the loudest applause of the night. Patrick is, state Sen. Donna Campbell, R-New Braunfels, said at a recent campaign event, “the most conservative lieutenant governor in the history of Texas.”
But his party isn’t without its disagreements. Some have pointed to a split between Patrick, who heads a Tea Party-aligned faction of the party, and retiring House Speaker Joe Straus, a more moderate figure. During the last legislative year, that split emerged in full force when Patrick pushed forward a bill that would have restricted transgender individuals’ access to certain public facilities. Straus condemned it as bad for business, and never brought it to the House floor for a vote — a move that contributed to his censure by the State Republican Executive Committee.
Tensions from the 2017 legislative sessions have bled into this fall’s campaign, if in limited fashion. One example: Harris County Judge Ed Emmett, a Republican who leads Texas’ most populous county, said he plans to vote for Collier.
But a family feud won’t keep a Republican incumbent from getting re-elected, strategists and elected officials predict. Patrick has the public support of Texas’ top Republicans; his campaign boasts the endorsements of both of Texas’ U.S. senators, the governor and all but one Republican state senator.
“There’s no question” that Patrick will win re-election, said state Sen. Paul Bettencourt, an ally of the lieutenant governor. Bettencourt represents the Houston district Patrick served until 2014 — heavily overlapping with Emmett’s turf — and said he’s confident that Patrick has the support of the region. “Dan Patrick is going to be re-elected. Dan Patrick is very popular in the Republican party.”
Still, if there are disenchanted Republican moderates to be picked off, Collier is working to endear himself to them.
In a year when even Texas Democrats are running as unabashed progressives, Collier has charted a more careful path. His party’s nominee for the U.S. Senate is a former punk rocker who went viral for skateboarding in a Whataburger parking lot while on the campaign trail. For governor, Democrats have nominated Lupe Valdez, the state’s first openly gay and Latina candidate to win the nod.
Collier does not ride a skateboard. At 57, he’s spent much of his life working as an accountant, and he only recently committed to the Democratic party — he voted for Mitt Romney in 2012 and Hillary Clinton in 2016. He seems most comfortable talking numbers — “I’m Dan Patrick’s worst nightmare! I’m a Democrat and an auditor!” he likes to say — and seems less sure-footed discussing social issues.
On the death penalty, for example, Collier said he is still “evolving” toward a more liberal point of view. Collier justifies his support for undocumented immigrants in Texas in financial terms, not on moral grounds: They draw about $2 billion in state resources a year, but contribute about $2.7 billion back through property taxes, he says, so, “it doesn’t bother me that they’re here.” His line is similar on LGBTQ rights. In an interview last month, he couldn’t list inclusive legislation he’d push, but said he did “have in mind blocking” measures considered hostile to the gay community, like the so-called “bathroom bill.”
“Tolerance and inclusiveness is good for business,” Collier said, a line he could almost have borrowed from Straus.
“Public enemy number one for public education”
If Collier is positioning himself to draw center-right Republicans back over the line, public education may be his best issue. Patrick is not an uncontroversial figure among teachers, retired teachers and public school parents.
As a former chair of the Texas Senate’s public education committee and as the leader of the upper chamber, Patrick has championed what he calls “school choice” and critics, many of them public school educators, call “vouchers” — programs that would give Texas families subsidies to fund private school tuition for their kids. During last summer’s special session, as the Legislature debated an influx of cash for public schools, the Texas House offered up $1.8 billion — $1.5 billion more than Patrick’s Texas Senate proposed.
“When you have 700,000 school employees, they’re not all going to be on the same page. That said, I do feel like if there’s any one person out there that they’re most unified about it’s probably the lieutenant governor,” said Monty Exter, a lobbyist at the Association of Texas Professional Educators.
As a senator, Exter said, Patrick “was pushing reforms that lots of educators are not necessarily in favor of. He doesn’t seem to favor class-size restrictions and they really, really do. He really does favor vouchers and they really, really don’t. And the funding issues have died in his hands or at his hands.”
Meanwhile, Patrick portrays himself as a champion for public schools. This summer, after his urging, the Teacher Retirement System of Texas opted not to raise health care premiums for retired teachers. In an ad last week, he reiterated his proposal to raise teacher salaries by an average of $10,000.
“Teachers are more valuable than expensive buildings and fancy stadiums,” Patrick says in the commercial, standing on a sunny hill in front of a truck. “It’s my priority, it’s best for our kids and it’s the right thing to do.”
But many in the public education community are skeptical about that plan in a system they say is already underfunded. Tracy Fisher, the president of Coppell ISD’s board and a Republican precinct chair in Dallas County, called the lieutenant governor’s proposal “deceptive.” He is “public enemy number one for public education,” she added.
And the effort hasn’t won Patrick favor from major teachers groups, some of whom have called his efforts disingenuous. Collier won the endorsements of the Texas State Teachers Association and Texas’ chapter of American Federation of Teachers; AFT president Louis Malfaro said Patrick has “tried to browbeat local school districts.” In its first-ever endorsements of statewide candidates, the public education group Texas Parent PAC also backed Collier, calling Patrick a bully and ideologue “who cannot be trusted to protect and strengthen our neighborhood public schools.”
Patrick’s campaign said those groups hardly speak for all Texas teachers. But the incumbent’s recent teacher raise ad shows he’s still focused on courting educators.
“While almost all the organizations that represent teachers are left-leaning and Democrat, in fact, Texas teachers tell us that most are Republicans who support border security, property tax reform and the innovative education reforms, including career tech, that have been championed by the Lt. Governor,” said Sherry Sylvester, a top Patrick aide.
Republican strategist Brendan Steinhauser said dissatisfied educators may narrow Patrick’s margin of victory, but they won’t threaten it.
“Do I think that feeling is widespread enough to cause concern for Dan Patrick? No,” he said.
A “sleeping giant”?
There are about 700,000 public school employees in Texas; that number doubles when you include retirees in the system, and multiplies if you add parents who consider public education their top voting issue. Collier is counting on that diverse group to back him as a block — but those voters have a wide range of backgrounds and political leanings. And they don’t always show up.
“The expectation is that teachers just don’t vote,” Exter said. “But I feel like what we’ve been seeing over the last couple of elections is that the enthusiasm and participation of educators is on the rise.”
Last year, in the wake of disappointments at the Legislature, many educators pledged to come together — including, and especially, across party lines — to support pro-public education candidates. In the months since, they’ve moved their advocacy from the Capitol steps to the internet, where nearly 27,000 have joined a Facebook group, Texans For Public Education, whose stated mission is block voting. The group, which color-codes its list of candidates, marked Collier green — “friendly,” “block vote” — and Patrick red: “unfriendly” to public education.
Collier is counting on turning them out to vote for him. But that bet has failed before.
Just ask Jim Largent, who retired as Granbury ISD superintendent this year after a failed primary challenge to state Rep. Mike Lang, a fellow North Texas Republican. Running as the pro-public education candidate, Largent won just 38 percent of the vote. In the Houston area, Fort Bend ISD board president Kristin Tassin suffered the same fate, taking just 27 percent of the vote in a challenge to state Sen. Joan Huffman that Tassin hoped teachers would swing in her favor.
A similar pattern emerged in the lieutenant governor’s race, where Patrick was one of just a few statewide officials to draw a serious primary challenger. Patrick’s opponent was Scott Milder, the founder of the advocacy group Friends of Texas Public Schools, who drew some attention for bad-mouthing Patrick — he called the incumbent a “bully,” a “jackass” and even a “fake conservative” —but remained the clear underdog in financial support and name recognition. Milder pushed the Patrick campaign to spend over $5 million on advertising, but ultimately won just under a quarter of Republican primary voters — a smaller share than either Tassin or Largent. Within days of the loss, Milder endorsed Collier.
Looking back on his attempt, Largent called Texas educators the electorate’s “sleeping giant.” The question, he said, is whether in a general election they’re more likely to wake up.
“I have always thought that Mike had a better shot than I did in the primary,” Milder said. “So few people actually turn out in the primary. … But a much broader base of Texans shows up in the general.”
Collier argues that the pro-public education voting block he envisions is more likely to swing a general election than a primary. Considering Democrats and Republicans who backed Milder, more people voted against Patrick in the primary than for him, Collier likes to point out.
There is also a Libertarian candidate in this fall’s race, Kerry McKennon.
“I do think that my race is as competitive as any,” Collier said. “There are going to be Republicans who stay home because they hate Dan Patrick. There are going to be a lot of Democrats who turn out because they hate Dan Patrick.”
The incumbent’s team isn’t so sure of that, though they did spend some $6.5 million on advertising in the last quarter to make extra sure. They have history on their side — and history suggests they have the numbers on their side, too.
At a rainy get out the vote rally in New Braunfels last week, Patrick projected confidence.
“There are folks like us who are going to keep Texas red — who are not going to let the blue wave take us out,” Patrick promised a cheering, bundled-up crowd.
While introducing Patrick, Campbell, the Republican state senator, summed it up neatly.
“I’ll tell you, they are motivated!” she said of Democrats. “But there are more of us than them.”
Disclosure: The Association of Texas Professional Educators, the Texas State Teachers Association and Texas AFT have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
The Board of Trustees of the Teacher Retirement System (TRS) met this week to discuss such topics as premiums for the state’s healthcare plan for retired educators. After receiving a more favorable update on the estimated shortfall for TRS-Care and hearing lawmakers indicate that the legislature will provide needed funding, the board intends to try to keep premiums and benefits stable. Read more about the board’s discussions this week in this blog post by ATPE Lobbyist Monty Exter.
Senator-elect Pete Flores (R-San Antonio)
Voters in Senate District 19 turned out for a special election runoff on Tuesday to decide who will represent them in the Texas Senate until the 2020 elections. Gathering 53% of the vote, Republican Pete Flores was the race’s clear winner and will be filling the seat left vacant by former Sen. Carlos Uresti who resigned this year.
Flores’s win flips the seat long held by Democrats into the Republican column heading into the 2019 legislative session. The change makes it that much easier for the upper chamber’s Republican super-majority to pass Lt. Gov. Dan Patrick’s agenda, especially with another Democratic vacancy generated by the anticipated race to replace Senate District 6’s Sen. Sylvia Garcia, who is running for Congress. Garcia’s seat would not be filled until a special election occurs well after next year’s legislative session begins.
ATPE Lobbyist Mark Wiggins breaks down how this impacts the upcoming legislative session and what it means for contests in the November election in this blog post.
Are you already registered to vote? If so, don’t stop there… take the next step!
Tuesday, September 25 is National Voter Registration Day, and thousands of volunteers across the U.S. will be mobilized to help others register to vote and get informed about elections. Perhaps if you’re already to vote you can go the extra mile by asking friends and family if they’ve registered and reminding them of these important dates:
The deadline to register to vote in November is Oct. 9, 2018.
Early voting runs Oct. 22-Nov. 2, 2018.
Election Day is Nov. 6, 2018.
You can also encourage your friends and family to check out the Candidates section of TeachtheVote.org for more information on the candidates vying for seats in the Texas House, Texas Senate, State Board of Education, Governor, or Lieutenant Governor.
The first Friday of early voting, Oct. 26, is Student Voting Day in Texas. Encourage the students you know to get registered and participate in the upcoming election. Voting is more than just a civic duty; it’s how we work together to create positive change in our communities and its important that we get everyone involved.
An upset victory by Republican Pete Flores in the Senate District (SD 19) special runoff election last night will have a significant impact on the balance of power in the Texas Senate. It’s also a wake-up call.
Flores, a retired game warden, beat the Democratic favorite, former U.S. Rep. Pete Gallego, in Tuesday’s special runoff election to finish the unexpired term of Democratic state Sen. Carlos Uresti, who resigned earlier this year in scandal. That seat will now move to the Republican column until at least 2020, when Flores will come up for reelection.
There were warning signs early on that the SD 19 race would likely be close. The district has historically elected Democratic state senators, and broke for Hillary Clinton over Donald Trump in 2016 by a margin of 11.5 percent. Yet just two years earlier during the 2014 mid-term elections, Republican Greg Abbott edged Democrat Wendy Davis in SD 19 by 0.1 percent in the gubernatorial race, and Republican U.S. Sen. John Cornyn outpaced Democratic challenger David Alameel by 7.3 percent.
The timing of Sen. Uresti’s resignation allowed Gov. Abbott to set a special election in the middle of summer, guaranteeing a low-turnout special election that would mitigate Democrats’ general election advantage and allow the race to turn on whichever party could do a better job of getting out the vote (GOTV).
For context, SD 19 recorded 478,000 registered voters in 2016. Based on that number, roughly 5.4 percent of voters participated in the July 31 special election and 9.2 percent turned out for the September 18 special runoff. By contrast, turnout in SD 19 for the 2016 presidential election was 52.7 percent, and turnout for the 2014 mid-term elections was 27.7 percent.
As we previously reported on Teach the Vote, Lt. Gov. Dan Patrick was keen to flip the SD 19 seat from blue to red in order to boost his party’s mathematical advantage in the Texas Senate. The lieutenant governor and his allies spent a prodigious amount of money in support of Flores between the special election and the special runoff. We’ll take a closer look at that spending as the official figures become available.
All of this had an appreciable effect on the final outcome. According to the Texas Secretary of State, roughly 26,000 people voted in the July 31 special election. More than 44,000 voted in the September 18 special runoff election — representing a 69.75 percent increase in turnout. Flores ultimately won with 53 percent of the vote, compared to 47 percent for Gallego.
So what does this mean?
Immediately, it means that the Texas Senate is now composed of 21 Republicans and 10 Democrats. Under the current 3/5 rule, the lieutenant governor only needs 19 votes for his party to pass major legislation, which in the recent past has included voucher bills aimed at stripping public school funding and anti-teacher payroll deduction bills. These bills passed the Texas Senate largely along party-line votes. As its newest member, Flores brings to the Senate an alliance with Lt. Gov. Patrick and his openly expressed support for private school vouchers.
Furthermore, outgoing state Sen. Sylvia Garcia’s (D-Houston) failure to effectively secure a clear retirement date means that the 2019 legislative session will begin with a vacant seat, for a total of 21 Republicans and 9 Democrats in the Senate. Voters in SD 6 will choose Garcia’s successor in another special election that will be held while the legislature is in session next spring. Until then, only 18 votes will be needed to pass major legislation out of the upper chamber.
At the 30,000-foot level, Tuesday’s outcome in San Antonio highlights the importance of two things: First, the November elections are of even more critical importance. Second, turnout is paramount.
While it’s easy to think of elections in terms of Democrats versus Republicans, this discounts the reality that many Republican officeholders — even some in the Senate — support public education. The challenge is that Senate Republicans are under an enormous amount of pressure from the lieutenant governor to cast anti-education votes. The surest path to helping them is to change the math by electing senators who are not beholden to the lieutenant governor.
Of course, electing pro-public education candidates means showing up. Make no mistake, the forces trying to defund and privatize our neighborhood schools do not suffer from voter apathy. They are capable of raising and spending countless millions of dollars in order to motivate low-information voters to turn out and vote against their own interests and those of their children. The only way to fight back is to ensure that you and everyone you know makes it to the polls this November to cast an informed vote for public education.
To put it simply: If we don’t vote, we will lose.
If that happens, not only do we lose, but our schools and our kids lose as well. The result of the special runoff election Tuesday came as a surprise to many, but it should not come as a shock. It should serve as a reminder of the powers at play and the stakes of sitting out.
Today culminates the end of a jam-packed week for the State Board of Education (SBOE), and ATPE’s lobby team was there throughout the week to testify and provide updates on the board’s activities for our Teach the Vote blog. Here are some highlights:
First, on Tuesday the body began its week by convening to discuss controversial social studies TEKS (Texas Essential Knowledge and Skills) that have been the subject of much political debate and social media attention. The board also took time on Tuesday to discuss its Long Range Plan for Public Education (LRP), which sets objectives for education through the year 2030. ATPE Lobbyist Mark Wiggins was on hand to commend the group on its thoughtful process, but also to suggest that the board take steps to increase the rigor of Educator Preparation Programs (EPPs) and insist that teacher pay not be too closely linked to evaluations and test scores. Perfecting amendments to the plan, most of which were in line with ATPE’s desired outcomes, were offered by SBOE Chairwoman Donna Bahorich.
The board kept its momentum going into Wednesday when it discussed special education and school funding. With an update from Commissioner of Education Mike Morath, the board learned that quite a bit of progress had been made on the state’s corrective action plan for special education with 70% of vacant positions filled. Morath also announced that TEA would be reviewing its contracting process, which comes after the Texas State Auditor’s office lobbed criticism at the agency for questionable contracting practices. Morath briefed the board on the A-F ratings that were given to school districts earlier this year. He also noted the decline in “IR” or “Improvement Required” districts across the state. Lastly, Morath informed the board of TEA’s Legislative Appropriations Request (LAR), which included two exceptional requests for funding for compensatory services for districts (in order to help them comply with the SpEd corrective action plan) and $50 million in funding for health and safety, $20 million of which is to be earmarked to comply with the governor’s school safety plan.
Later Wednesday afternoon, the SBOE also approved the funding distribution from the Permanent School Fund (PSF) for the 2020-21 biennium. Funds will be distributed at a rate of 2.75%. SBOE members expressed concerns regarding the deposit of funds into the Available School Fund (ASF) by the General Land Office (GLO), a move that will result in districts receiving $225 million less per year than normal. Several members of the board suggested actions in response to this action, including asking the GLO to reverse its actions and requesting that the GLO provide extra funding to cover the interest of the distribution.
On Thursday, the SBOE Committee on School Initiatives met to consider a rule proposed by the State Board for Educator Certification (SBEC) that would offer accelerated paths to certification for certain skill sets. The elected SBOE has statutory authority to review all rule actions taken by SBEC, a board whose members are appointed by the governor. SBOE members may veto SBEC rules but cannot make changes to them; SBEC rules for which the SBOE takes no action automatically become effective. For this week’s meeting, ATPE Lobbyist Mark Wiggins testified against the SBEC rule change regarding certain teaching certificates on the grounds that it exceeded the scope of the 2017 legislation upon which it was based, House Bill (HB) 3349. The rule change, as approved by SBEC earlier this summer, would have allowed certain educators to circumvent 300 hours of training in areas like pedagogy that are essential to normal pathways to certification. Members of the SBOE committee unanimously recommended rejecting the SBEC rule, and the certification rule change was ultimately rejected by a unanimous vote from the full SBOE board today, which will force SBEC to reconsider its action on implementing HB 3349.
Lastly, the full board met today to approve the first draft of language for the LRP, deciding to wait until November for final approval. SBOE members also finalized a formal letter to the GLO requesting that it cover the funding shortfall caused by its actions. Read more about the board’s actions in today’s blog post from ATPE Lobbyist Mark Wiggins.
As we have reported previously on Teach the Vote, ATPE has been an advocate for programs and resources to help prevent youth suicide. In 2015, we successfully advocated for the passage of an educator training bill aimed at preventing student suicides. Still, suicide, especially among Texans age 15-34, persists as a public health problem despite laws passed to prevent it. In this news feature by CBS Austin’s Melanie Torre this week featuring ATPE Lobbyist Monty Exter, Torre examines why the risk of teen suicide is still on the rise in Texas.
With the 2018 general election inching closer, and a major special election already underway his week in one San Antonio-area legislative district, ATPE wants to remind educators about the importance of voter turnout. Earlier this week, Texas Secretary of State Rolando Pablos released a statement urging voters to make sure they are registered to vote before the October 9th deadline. Pablos encourages Texans to plan their trips to the ballot box and to make sure they know what’s on their ballots.
“Prepare yourself, inform yourself, and empower yourself” – Rolando Pablos, Texas Secretary of State.
There’s a lot at stake this fall. We urge educators to view and share ATPE’s nonpartisan election resources here on Teach the Vote, including searchable profiles of every candidate vying for the Texas Legislature, State Board of Education, Governor, or Lieutenant Governor in 2018.
Meanwhile, early voting has already begun and continues through this evening in the special election runoff to fill the vacant seat in Texas Senate District 19. Those SD 19 residents who miss early voting should play to get out and vote during their last change on Tuesday, Sept. 18th. The candidates in the runoff happening now are Democrat Pete Gallego and Republican Pete Flores. Find polling locations and additional information, courtesy of the Bexar County Elections Department, here.
Tuesday’s special election results and the outcomes of several high-profile races on the ballot in November could dramatically change the outlook for education bills moving through the Texas Legislature, and particularly, the Texas State Senate. In recent sessions, Lt. Gov. Dan Patrick has used the combination of a Republican super-majority in the Senate and his heavy-handed brand of managing the upper chamber to usher though a bevy of anti-public education bills, such as private school voucher proposals and legislation to take away educators’ rights to use payroll deduction for their voluntary association dues. How those same types of bills fare in 2019 will depend on the outcome of this fall’s elections. In this new post, ATPE Lobbyist Mark Wiggins breaks down the calculus of voting this fall.
This week also proved to be insightful in terms of previewing discussions we’ll hear during the 2019 legislative session about both the state’s education budget and efforts to reform our school finance system.
Both the Texas Education Agency (TEA) and the Teacher Retirement System of Texas (TRS) laid out their Legislative Appropriations Requests (LARs) to the Legislative Budget Board this week. Details and links to video footage of TEA Commissioner Mike Morath and TRS Executive Director Brian Guthrie explaining their respective requests can be found here. ATPE Lobbyist Monty Exter provided additional analysis in this blog post.
Also this week, the Expenditures Subcommittee of the Texas Commission on Public School Finance convened to vote on their recommendations for the full commission. A breakdown of the committee’s goals, which include putting more funding into the basic allotment and shifting funds away from programs not directly tied to educational programming, can be found in this blog post by ATPE Lobbyist Monty Exter.
A candidate needs fifty percent of voters plus one in order to get elected to office. The Texas Legislature meets for 140 days, but can’t pass legislation until 60 of those days have passed – unless acting upon an emergency item declared by the governor.
Here’s another equation for you:
The Texas Senate consists of 31 members and requires a vote of three-fifths of those present and voting to pass most major legislation. That means if everyone is present, a bill needs the support of 19 senators to pass. In the current makeup of the Texas Senate, 20 are Republicans and 11 are Democrats.
This actually is an important bit of math for supporters of public education.
In the past legislative session alone, we’ve seen legislation harmful to public education pass along largely party line votes under the direction of Republican Lt. Gov. Dan Patrick. This includes voucher bills to strip funding from public schools in order to create taxpayer-funded subsidies for private schools. It also includes payroll deduction bills designed to rob teachers of their influence at the Capitol by making it more difficult to join educator associations such as ATPE.
A recent article by the Texas Tribune put the Senate math in the context of the 2018 general election, and pointed out that the outcomes of a handful of races this November could have some very significant ramifications when it comes to the next legislative session.
Multiple senators who voted for vouchers and against teachers last session are currently up for reelection and facing serious challenges this November. The Texas Tribune highlighted three of the most high-profile races in which sitting senators now find themselves in the hot seat, in large part due to their past anti-public education votes: Sens. Don Huffines (R-Dallas), Konni Burton (R-Colleyville), and Joan Huffman (R-Houston).
If just one of those incumbents lose their race, a single Republican could defy the lieutenant governor and stop a voucher bill in its tracks. If two are defeated, the lieutenant governor won’t have enough votes to force through anti-education bills along party lines as he did last session.
In the latter case, members would be forced to work across party lines – and the balance of power would shift away from the lieutenant governor, giving individual members more freedom to vote in the interests of their constituents, rather than party leaders.
There’s also a twist.
The special runoff election underway this week to fill the Senate District 19 seat previously held by a Democrat has attracted the lieutenant governor’s attention; Lt. Gov. Patrick knows flipping that seat would change the math again. That’s why it’s no surprise to see Patrick loudly campaigning for the pro-voucher Republican candidate running in that San Antonio-area special election that will be decided on Tuesday, Sept. 18:
Also, an unresolved dispute between Gov. Greg Abbott and retiring Sen. Sylvia Garcia (D-Houston) means the 2019 legislative session will begin with the Senate one seat short. That lowers the magic number for passing bills via one party’s super-majority to only 18.
It’s tempting to look at this all in terms of “Rs” and “Ds,” but that ignores important issues like public education, where there are Republicans who disagree with the lieutenant governor, but either don’t number enough to overcome the magic number or fear the lieutenant governor’s current absolute power. Changing the math changes both.
File it under the list of reasons this upcoming general election is important. Maybe your friends aren’t the type to get hyped up about voting. Maybe they just don’t find elections that exciting. I offer an alternative appeal:
Interim charge number three, which focused on mental health issues in schools, received a considerable amount of attention in the report. School counselors and other mental health resources are emphasized under the correlating recommendations. The fewest number of recommendations surfaced from studying protective order laws, which involve temporarily restricting firearm access to certain individuals who pose extreme risk. No recommendation was made to enact a version of protective order laws known as a “red flag” law, which Governor Abbott proposed but Patrick strongly rejected. Regarding firearms, there is a recommendation to consider funding for supporting school marshal programs.
The full recommendations from each charge are listed below. The full report cab viewed here.
School infrastructure and design recommendations
Consider legislation to allow additional funds for school districts to implement enhanced physical security including metal detectors, alarm systems, cameras, and hardened entrances.
Consider updates to school building codes to ensure best practices are used in designing new school facilities.
Consider legislation to clarify that school districts must identify a campus administrator who is responsible for identifying and maintaining contact with local law enforcement, local emergency agencies, and fire departments in their security audits.
Consider legislation giving TEA oversight to ensure required school security audits are being completed and ensure TEA has the staff necessary to oversee compliance.
Direct the State Fire Marshal’s Office to review and provide guidance on procedures and sequences concerning school evacuations for unverified emergencies and the required number of fire drills mandated for schools.
School safety programs recommendations
Consider the appropriate level of funding for and involvement of fusion centers.
Review Penal Code Chapter 46.03 and provisions by which school districts authorize individuals to carry concealed weapons onto campus and consider establishing a minimum standard for training hours.
Consider legislation to allow additional funds for training for school marshals and individuals licensed to carry under Chapter 46.03 of the Penal Code.
Root causes of school violence recommendations
Consider legislation to direct TEA to incorporate school counselor data into PEIMS regarding location and number of students served.
Review the effectiveness and unintended consequences of “zero tolerance” polices in Texas schools.
Consider methods to increase the availability of school counselors, Licensed Specialists in School Psychology, and school social workers in schools, particularly in rural and remote areas of the state.
Consider legislation codifying the duties and responsibilities of school counselors, Licensed Specialists in School Psychology, and school social workers.
Consider legislation incorporating threat assessment teams into Health Advisory or School Safety Committees already on campus.
Expand the availability of Mental Health First Aid training for all school district employees interacting with students.
Review the use of Disciplinary Alternative Placement Education Programs (DAEP) and consider behavior intervention methods.
Consider expanding the use of telemedicine and telepsychiatry to help children in crisis obtain access to mental health services before violence occurs.
Consider legislation to strengthen the state’s mental health system by leveraging the expertise of state medical schools by creating psychiatry hubs that connect pediatricians seeking consultation with experts in mental health.
Protective order laws recommendations
Consider legislation to clarify current statute on whether and when an individual convicted of domestic violence may possess a firearm legally.
Consider legislation to clarify current statute regarding the return of firearms to individuals who have been detained and declared to no longer be a risk to themselves or others.
Republican Pete Flores and Democrat Pete Gallego are headed to a runoff in the special election to replace convicted former state Sen. Carlos Uresti, D-San Antonio.
With all precincts reporting Tuesday night, Flores led Gallego by 5 percentage points, 34 percent to 29 percent, according to unofficial returns. At 24 percent, state Rep. Roland Gutierrez of San Antonio came in third in the eight-way race, and he conceded in a statement. The five other candidates were in single digits, including Uresti’s brother, outgoing state Rep. Tomas Uresti of San Antonio.
The first-place finish by Flores, who unsuccessfully challenged Carlos Uresti in 2016, is a boon to Republicans in the Democratic-leaning district. In the home stretch of the race, Flores benefited from a raft of endorsements from Texas’ top elected officials including Gov. Greg Abbott, Lt. Gov. Dan Patrick, and U.S. Sens. John Cornyn and Ted Cruz.
Their heft will continue to be tested in a district considered friendly to Democrats, if not solidly in their column. After taking congratulatory calls from Abbott and Patrick, Flores issued a statement insisting a second-round victory was within reach.
“I know we can win this runoff,” Flores said. “We will win this runoff. The real work begins tomorrow.”
Rallying supporters in San Antonio, Gallego promised his campaign would not get outworked in the yet-to-be-scheduled overtime round. “I know, in the final analysis, we win,” he said.
The special election was triggered in June, when Carlos Uresti resigned after being found guilty of 11 felonies, including securities fraud and money laundering, tied to his work with a now-defunct oilfield services company. He was sentenced to 12 years in prison days after he stepped down.
Flores, a former Texas game warden, was the best-known of three Republicans on the ballot Tuesday. He received 40 percent of the vote against Carlos Uresti two years ago in SD-19, which encompasses a 17-county area that starts on San Antonio’s East Side and sprawls hundreds of miles west.