Tag Archives: senate

Exploring legislators’ 2019 voting records on education: Part II

As part of our officeholder profiles featured here on TeachtheVote.org, ATPE recently published a series of record votes taken by state legislators during the 2019 legislative session. In Part I of this two-part feature on our blog, we shared information about the education-related bills on which those votes were taken, explaining their significance during a legislative session that was heavily centered around school finance and public education. In Part II, we’re offering a closer look at how the record vote information was compiled by the ATPE lobby team and what insights may be gained from viewing the voting histories. Read more about our process, and then discover how your legislators voted on public education bills this year. Use our search page on Teach the Vote to view the profile of any legislator.

How are record votes useful, and what are their limitations?

There are several organizations that track record votes during a legislative session. Some groups issue scorecards or assign grades to legislators based on how well their votes aligned with that particular organization’s legislative agenda. Some entities use those scorecards to make decisions about campaign contributions or endorsements during an election cycle that follows the legislative session. ATPE does not calculate scores or assign grades to legislators. We focus our efforts more on collecting data that we believe can be useful to constituents in analyzing their lawmakers’ actions. Just as legislators’ responses to our ATPE Candidate Survey may help explain their views on public education issues to voters, the voting records also provide insight into how a lawmaker has approached public education bills in the past or may vote on similar issues in the future. All of that information can help voters who care about public education make informed decisions at the polls, but the data may also provide a starting point for year-round conversations between educators and their lawmakers, which are key to building collaborations and working together to meet the needs of public schools, students, and educators.

Senate Legislative Process (click to open a larger version)

ATPE’s lobbyists caution that recorded votes offer only one data point among many for examination of a lawmaker’s tenure and treatment of public education. There are a number of reasons why a lawmaker’s vote on a single bill may not tell the whole story. For one thing, recorded votes are relatively few. So much negotiation on bills takes place behind the scenes, with bill authors carefully gauging support for their proposals and typically ensuring that they have enough votes to pass a bill before it ever reaches the floor of the House or Senate. In many cases, by the time a bill hits the floor there is ample agreement for the measure to pass unanimously or by a simple voice vote. We do still include some unanimous votes on our Teach the Vote legislator profiles when the bills are major ones deemed to be of great interest to our readers. With so much work being done behind the scenes, it’s good to remember that legislators have additional opportunities to support and show leadership on public education issues by shepherding those bills through the process in ways that are rarely seen by the public and not recorded in any official manner.

House Legislative Process (click to open a larger version)

Another thing to bear in mind about record votes is that there are multiple floor votes taken on each bill that ultimately makes it to the governor’s desk. The state’s legislative process calls for bills to be read three times in each chamber, with the House and Senate both voting on the measures at the second and third reading stages. When the two chambers approve competing versions of the same bill, a conference committee is appointed to work out the differences and recommend a final negotiated version, which then must be voted on again by the House and Senate. Sometimes a conference committee is authorized to “go outside the bounds” of the bills passed by each chamber and may add new language, which then makes the final vote on approving the conference committee report (the final version of the bill) more significant. More commonly, however, there is near unanimous agreement on adopting the conference committee report for a bill, since it represents a compromise worked out between the two chambers.

Not every bill ends up in a conference committee, of course. When the House and Senate both approve a bill on third reading, and when the language passed by both chambers is identical, that sends the bill to the governor. Most votes featured in the voting records that you see on Teach the Vote are pulled from second and/or third reading results. The bulk of a bill’s floor debate happens on second reading, often making that vote the most significant one. Once past the second reading stage, bills are rarely amended or even debated substantively on third reading. There is frequently little to no difference between the votes cast on second reading and the votes cast on third reading. When the second and third reading votes on a bill are virtually identical, ATPE’s lobbyists often showcase the third reading vote on the legislator’s voting record since it is a more final vote by the House or Senate and the one that either sends the bill forward to the other chamber or on to the Governor’s desk. When there are noteworthy differences between what happens on the second and third readings, for instance when a bill gets amended between the two votes, ATPE notes this in our explanations of the vote.

For all of the votes we highlight on the Teach the Vote legislator profiles, we take our data from the House and Senate journals, which are considered the official records. ATPE provides links to the specific pages in the journals where the votes are documented, enabling our readers to see the backup documentation for our material along with additional information, such as transcripts of some floor debates when requested by legislators. Using the journals as our official resource for record votes enables us to share those additional insights about legislative intent.

Also in the journal are notations requested by legislators to be added to the record after the vote. For example, it is not uncommon for a legislator to be marked as absent during any given vote. This may be an excused absence, such as when a legislator misses an entire day of legislative activity on account of an urgent need back home, or merely a temporary absence from the chamber. Anyone who has visited the Capitol during a session knows that there is always a lot of activity taking place, and there are times during a long day or night when a lawmaker needs (or chooses) to step away from their desk, possibly missing a record vote. In those instances, the legislators may request a note in the journal to indicate how they would have voted on the bill had they been present. Another phenomenon that occurs regularly in the House, where votes are entered via buttons on the representative’s desk and recorded electronically, is the “machine malfunction.” The representative may request a notation in the journal to say that he or she intended to vote “yes” but was recorded as voting “no” or vice versa. These notes do not change the official voting record or outcome, but can lend insight as to the legislator’s intent. Whether the voting machine actually malfunctioned or the legislator’s mind was merely changed after seeing the final vote tally is a matter of interpretation. ATPE’s lobbyists believe these postscripts can be instructive to constituents or perhaps spark a dialogue with their representative, which is why we share this information along with the official record votes.

For all but the freshmen legislators, we have included historical voting records on Teach the Vote, which you’ll see below the most recent session’s votes. These go back as far as 2013, which was the first session in which ATPE published voting histories on Teach the Vote. Also, because there are a fair number of state senators who began their legislative careers as state representatives, we’ve made an effort to include their prior House voting records in addition to their record votes in the Senate. We believe these historical voting records, where available, can be helpful in examining an elected official’s position over time.

We hope you will take a look at how your legislators voted in the 2019 legislative session and use that information for dialogue during the legislative interim and for candidate research for the next election cycle. For additional information about ATPE’s voting records provided on Teach the Vote, contact the ATPE Governmental Relations department.

Exploring legislators’ 2019 voting records on education: Part I

Last week on TeachtheVote.org, ATPE published a series of voting records for all Texas state lawmakers, analyzing their actions taken on significant education-related legislation. This blog post is Part I of a two-part feature on the record votes. Here, we’re taking a closer look at how the ATPE lobby team analyzed and chose the record votes that are featured on the legislators’ profiles.

Which bills are featured in the 2019 legislative voting records on Teach the Vote, and why were they chosen?

Without question, the most significant bill debated and ultimately passed by the 86th Texas Legislature this year was House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood). This major school finance and public education reform bill, deemed the top priority of the session, resulted in $6.5 billion in increased funding for public education and $5 billion for property tax relief. ATPE’s lobbyists have written extensively about the omnibus bill here on our Teach the Vote blog, and the Texas Education Agency (TEA) has also dedicated a set of online resources to helping Texans understand the many components of the bill. With its high profile, HB 3 figures prominently in the 2019 record votes compiled by ATPE. We’ve selected both the House’s and Senate’s votes on HB 3 on “third reading” as the first record vote featured in this year’s list for Teach the Vote.

There are also a few votes on floor amendments to HB 3 that made our list this year. On the House side, we’ve provided representatives’ votes on House Floor Amendment #15 to HB 3, which dealt with charter school transparency and efficiency. The amendment by Rep. Ernest Bailes (R-Shepherd), which passed and was incorporated into the House’s version of HB 3 but later stripped out by the Senate, requires charter schools to undergo an audit of their fiscal management. The Bailes amendment would have required such an audit to be conducted before a charter could expand or open new campuses, and it also called for charter schools to share the results of those audits publicly on their websites.

For senators, we similarly tracked their votes on three amendments to HB 3:

  • Senate Floor Amendment #8 by Sen. Jose Menendez (D-San Antonio) attempted to remove from the Senate’s version of HB 3 a controversial merit pay program that ATPE and most of the education community opposed.
  • Senate Floor Amendment #30 by Sen. Judith Zaffirini (D-Laredo) also failed to pass but aimed to provide a guaranteed pay raise for all professional public school employees. While teacher pay was another high-profile issue debated throughout the 2019 legislative session, most discussions about pay raises at that point in the session had been limited to classroom teachers and librarians.
  • Also, Senate Floor Amendment #66 by Sen. Jose Menendez (D-San Antonio) was an unsuccessful attempt to add language to the Senate’s version of HB 3 to ensure that state standardized tests were written at the appropriate grade level. Testing was also a subject of great importance to the education community during the legislative session, particularly after studies found that certain test questions on the STAAR test had been written at reading levels well above the grade level being tested. Although the Menendez floor amendment did not get approved by the Senate, another bill passed during the 2019 legislative session (HB 3906) requires a study of STAAR readability, and results of that study should be released beginning in December.

HB 3 ultimately included some additional funding for increasing educator compensation, but it was not the only bill pertaining to teacher pay that lawmakers debated in 2019. Early in the session, the Senate rallied behind Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound), which Lt. Gov. Dan Patrick (R) pledged would be one of the first bills passed by the full Senate in 2019. Although SB 3 was later rejected in favor of the alternative compensation-related language in HB 3, we’ve included the Senate’s third reading vote on SB 3 in our list of record votes due to its early significance.

ATPE also supported a stand-alone bill in 2019 that was designed to fund and strengthen mentoring programs for teachers. The House’s third reading vote on HB 102 by Rep. Diego Bernal (D-San Antonio) made our list of record votes this year. HB 102 did not get heard in the Senate, but its language was later incorporated into HB 3.

Another piece of legislation related to educator quality produced one of the record votes published on Teach the Vote this year. The House voted to approve HB 1276 by Rep. Jon Rosenthal (D-Houston) on third reading. HB 1276 was designed to prevent elementary grade students from being assigned for two consecutive school years to teachers who had less than one year of teaching experience or teachers who were not certified in the subject being taught as part of the foundation curriculum. Exceptions would have been provided under HB 1276 for new transfer students and for students whose parent or guardian consents to the non-compliant placement. Also, the bill would not have applied to school districts serving fewer than 5,000 students, those exempted under the District of Innovation (DOI) law, or those districts that received a hardship waiver from the commissioner of education. Unfortunately, this ATPE-supported bill did not get heard in the Senate.

School safety was another high priority issue debated during the 2019 legislative session. The key piece of legislation on keeping schools safe was SB 11 by Sen. Larry Taylor (R-Friendswood), aimed at driving funding to implement school safety improvements and provide mental health resources. We’ve featured on our website the third reading vote taken on this bill in both the House and Senate chambers. Also on our list is the House’s treatment of House Floor Amendment #8 by Rep. Steve Allison (R-San Antonio) to SB 11, aimed at improving mental health support by requiring the state to identify regional resources that schools could use to address their students’ mental health needs. Legislators were considering a number of different measures pertaining to mental health resources in the context of the debate about school safety. Particularly in the House, some lawmakers were openly skeptical of efforts to link students with outside mental health professionals, worried about privacy concerns, and generally opposed to perceived government overreach. The controversy surrounding those issues had seemingly killed another high-priority bill aimed at addressing mental health earlier on the same evening that SB 11 was being debated. House leaders used Rep. Allison’s floor amendment as a vehicle for resurrecting the lost bill. Thus, Allison’s original amendment to SB 11 passed, was reconsidered, got amended to include language from the other mental health bill that had already been voted down, and then Floor Amendment #8 passed again. We provided data on both votes approving Floor Amendment #8 since there were some representatives who opted to change their position on the Allison amendment after it was expanded.

The Teacher Retirement System (TRS) also garnered attention during the 2019 session and was an ATPE legislative priority. Lawmakers approved Senate Bill 12 by Sen. Joan Huffman (R-Houston), which increased the contribution rates for the TRS pension fund. ATPE included the third reading votes on this bill taken by both the House and Senate among our record votes compilation. The legislature’s passage of SB 12 resulted in immediate actuarial solvency for the fund, which made it possible for TRS to issue a one-time 13th check to retirees in Sept. 2019. Read more about the TRS bill here.

Another ATPE legislative priority for 2019 was opposing vouchers and stopping the privatization of public schools in any form. Few voucher bills were considered this session, but the full Senate did take a vote on Sen. Taylor’s SB 1455, which we included on our list of record votes. The bill would have expanded full-time virtual schools and created a “virtual voucher.” Despite passing the Senate, SB 1455 did not make it out of a committee on the House side.

The House also took a record vote on HB 1133 by Rep. Jonathan Stickland (R-Bedford), which is included on our list. That bill produced one of the most dramatic debates but did not garner enough votes to pass the House. HB 1133 would have weakened the existing 22:1 cap on elementary school class sizes by moving to a campus-wide, grade-level average. Many ATPE members reached out to their legislators in opposition to this bill, which would have allowed class sizes in the lower grades to dramatically expand.

Finally, there are a few record votes on our list this year that pertain to efforts to restrict legislative advocacy by school districts or dissuade educators from being politically active. One such bill was SB 1569 by Sen. Pat Fallon (R-Prosper), which the Senate voted to approve on third reading but the House left pending in committee. ATPE staunchly opposed SB 1569, which would have restricted educators’ First Amendment rights to engage in political speech, limited their ability to teach students about elections, and unreasonably subjected educators to criminal penalties. Another troubling bill was SB 29 by Sen. Bob Hall (R-Edgewood), which tried to prohibit school districts and other local governmental entities from funding legislative advocacy efforts or paying membership dues to organizations that engage in legislative advocacy. SB 29 made our record votes list in two places. First, the Senate voted to approve the bill on third reading. Later, the House voted the bill down. Interestingly, the vote to defeat SB 29 on the House floor became even more significant after the legislative session ended, when certain Republican lawmakers who opposed the bill were seemingly targeted for retribution by their own party leadership in a taped discussion between House Speaker Dennis Bonnen and the head of the controversial dark money group, Empower Texans. The scandal resulted in Bonnen’s announcing that he would not seek re-election, opening the door for election of a new speaker when the 2021 legislative session convenes.

In any legislative session, there are limited votes taken on the record, offering relatively few options for us to showcase how individual legislators voted on education-related bills. However, we believe the votes listed above offer an informative glimpse into the treatment of public education by the 86th Texas Legislature, and we invite you to check out how your legislators voted by looking them up on our search page here on Teach the Vote. Stay tuned to Teach the Vote for Part II of this blog feature where the ATPE lobbyists will explain more about the usefulness and limitations of record votes in general.

Teach the Vote’s Week in Review: Nov. 1, 2019

Happy Friday! Here are your highlights of this week’s education news from the ATPE Governmental Relations team:


ELECTION UPDATE: Today is the first day of November, but it’s your last day to vote early in the constitutional amendment election slated for Tuesday, Nov. 5, 2019.

ATPE is urging all educators to learn what’s on the ballot. (Since you’ll be turning back your clocks this weekend, you’ve got an extra hour to read up on the proposed amendments!) If you miss your chance to vote early today, be sure to go vote on Election Day next Tuesday.

ATPE Lobbyist Mark Wiggins has written an update today on a closely watched special legislative election that is also taking place on Tuesday. Additionally, ATPE Senior Lobbyist Monty Exter has written a post for our blog this week on how to build a culture of voting and get into the habit of voting in every election. Don’t miss your chance to shape the future of public education in Texas. Go vote!


The House Public Education Committee was in town this week for an interim hearing on the implementation of House Bill (HB) 3 and other recent legislation. Monday’s hearing featured invited testimony only, including a presentation by Commissioner of Education Mike Morath. Read more about the meeting in this blog post from ATPE Lobbyist Andrea Chevalier.


Members of the Texas State Senate received their homework assignments this week. Lt. Gov. Dan Patrick, who presides over the Senate, formally released the Senate’s interim charges on Wednesday, Oct. 30, 2019. The charges direct members of the Senate’s various committees to spend the rest of the legislative interim studying particular issues and making recommendations for any new legislation that might be needed in 2021 to address those issues. The interim charges related to public education include a range of topics including teacher recruitment, student discipline, and restricting educators’ political activities. Learn more about what’s in the Senate interim charges in this blog post from ATPE Lobbyist Mark Wiggins.


The Texas Education Agency (TEA) issued a formal report to the legislature this week about Houston ISD, the largest public school district in Texas. Following an investigation, TEA is recommending that  a board of managers be appointed to oversee the district in place of its current elected school board. The school district, meanwhile, has gone to court seeking injunctive relief to prevent Commissioner of Education Mike Morath from taking that action. The lengthy TEA report shared with lawmakers on Wednesday cites improper contracting procedures and violations of the state’s open meetings laws by HISD’s board of trustees. Learn more in this reporting from the Texas Tribune.


On Wednesday, Oct. 30, 2019, the Texas Senate Select Committee on Mass Violence Prevention and Community Safety met again to take testimony from experts and discuss two of its charges. The emphasis of this meeting was on the role of digital media, the dark web, and culture on violence and policy regarding the wearing of masks. Panelists and senators discussed how social media, video games, mental health, and juvenile justice policies have impacted violent occurrences and explored potential legislative actions. Watch the archived hearing here.


 

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.

Texas election roundup: More Senate shakeups

Big election news continues to come out of the Texas Senate, where state Sen. Jose Rodriguez (D-El Paso) announced last week that he will not seek reelection, and state Rep. Cesar Blanco (D-El Paso) followed with an announcement that he will seek Rodriguez’s open seat next year.

Sen. Rodriguez has been one of the most consistent champions of public education in the Texas Senate, and his Senate District (SD) 29 is securely in Democratic hands. Beto O’Rourke carried SD 29 by nearly 49 percentage points in 2018, and Rodriguez has not faced serious opposition in recent years. Rep. Blanco chairs the House Democratic Campaign Committee, which works to elect Democrats to the Texas House, and announced he has already secured the endorsements of fellow state Reps. Art Fierro (D-El Paso), Mary Gonzalez (D-Clint), Joe Moody (D-El Paso), and Poncho Nevarez (D-Eagle Pass), as well as U.S. Rep. Veronica Escobar (D-TX 16).

Other state representatives continue to announce plans to return to office. State Reps. Will Metcalf (R-Conroe), Brad Buckley (R-Salado), and Hugh Shine (R-Temple) all announced plans to run for reelection.

In the race for U.S. Senate, former U.S. Congressman and 2006 Democratic nominee for governor Chris Bell formally entered the race against incumbent Republican U.S. Senator John Cornyn. Bell is one of nine candidates vying for the Democratic nomination in the U.S. Senate race, including state Sen. Royce West (D-Dallas) and former congressional candidate and U.S. Air Force veteran MJ Hegar.

Tuesday, September 24, is National Voter Registration Day. The goal of this national, non-partisan event is to increase civic participation by registering hundreds of thousands of voters on Tuesday. It was launched in 2012 and has grown in popularity ever since, thanks to the help of non-partisan organizations such as the League of Women voters and the Texas Educators Vote coalition, of which ATPE is a member. Read this post by our friends at Texas Educators Vote to find out how you can participate.

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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Changes to student testing are coming in light of legislation passed

The 86th Texas Legislature passed a number of measures that will have an impact on standardized testing of students in our public schools.

First, House Bill (HB) 3, the omnibus school finance and tax reform bill carried by Rep. Dan Huberty (R-Houston) contains some sections related to student testing. Most notably, the bill calls for an “assessment instrument study,” which requires the Texas Education Agency (TEA) to work with a public institution of higher education to determine if each State of Texas Assessments of Academic Readiness (STAAR) test is written at the appropriate grade level. Commissioner of Education Mike Morath is required to submit a report on the findings of this study by December 1 of this year.

HB 3 also included changes to testing that will affect districts, such as an outcomes-based funding mechanism that relies on indicators of college, career, and military readiness of each annual graduating class within a district. These indicators include student performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery. HB 3 also includes district reimbursement for college prep assessments and requirements for districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.

Fortunately, the final version of the school finance bill that passed does not include earlier language proposed by the Senate that would have tied a merit pay program for teachers more directly to the performance of their students. In fact, the final bill expressly prohibits the commissioner from requiring districts to use assessments to evaluate teacher performance in local teacher designation systems. ATPE and others urged lawmakers to remove such merit pay language from HB 3, fearing that it would lead to a statewide ranking of teachers based largely on data drawn from student scores on high-stakes tests that were never designed to be used as measures of educator effectiveness.

A major stand-alone testing bill, HB 3906, was also unanimously passed by the legislature and is awaiting a signature by Gov. Greg Abbott. The bill, similarly carried by Rep. Huberty, maintains the concept of a maximum time limit on STAAR tests in grades 3-8, but allows for the tests to be broken into smaller sections that would be administered during the school year rather than on a single day. Backers of the bill hope that multiple smaller tests will give the assessment more of a formative approach rather than forcing students to take a single, summative high-stakes test that has been cited as creating undue stress for students. Opponents, on the other hand, are concerned that breaking up the tests increases the overall number of testing days.

HB 3906 left the Senate with provisions that created a combined reading and writing “language arts” test. However, this concept was stripped from the final version of the bill, which simply eliminates the STAAR writing tests given in grades 4 and 7. This change will not take effect until September 1, 2021. The bill also prohibits giving STAAR tests to students on the first instructional day of the week, and requires a transition to electronic assessments after TEA conducts a study of how feasible this transition might be.

Under HB 3906, TEA is also required to develop non-multiple choice questions to round out STAAR tests due to the bill’s new 75% limit on multiple choice questions. Additionally, TEA will be required to establish an integrated formative assessment pilot program that districts can opt in to, which will be used to determine if these assessments improve instructional support and if they could potentially replace current assessments. TEA is also required under HB 3906 to develop interim assessments for districts to use, presumably as test prep, and to create both a technical and educator assessment advisory committee that would provide recommendations to the commissioner and TEA on assessment development.

The legislature also passed a few smaller bills related to testing this session, such as Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo), which extends the use of individual graduation committees for another four years, until 2023. This ATPE-supported bill has already been signed into law by Gov. Abbott and takes effect immediately.

Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) and HB 1891 by Rep. Lynn Stucky (R-Denton) have passed the legislature and await the Governor’s action. HB 1244 changes the U.S. History end-of course exam by requiring it to include 10 randomly selected questions from the United States Citizenship and Immigration Services civics test. TEA is required to ensure that these questions are aligned to the Texas Essential Knowledge and Skills (TEKS) and will provide annual reports with the answers to the questions and student performance. HB 1891 allows students who meet the required score on a high school equivalency exam, such as the General Education Diploma (GED), to be exempt from the Texas Success Initiative Assessment (TSIA). The required score will be set by the Texas Higher Education Coordinating Board.

ATPE will be watching the implementation of these bills as they roll out and begin to affect districts, teachers, and students. Stay tuned!

With the legislative session clock ticking, major education bills remain pending

Four days remain in the regular session of the 86th Texas Legislature, and significant deadlines for bills attach to each day that passes.

On Tuesday night, the House worked actively until the midnight hour, which was the deadline for Senate bills to be passed on second reading in order to stay alive. (The deadlines for House bills to make it out of the lower chamber and be sent over to the Senate already passed earlier this month.) This week’s related deadline for passing Senate bills on third reading and final passage on Wednesday night was less dramatic, with House members wrapping up their business by about 7 pm. Over on the other side of the capitol, the Senate worked late into the night last night to catch up and get a number of House bills passed on second and third reading.

Among the bills that survived this week’s deadlines was the ATPE-supported Senate Bill 11, containing a number of school safety and mental health initiatives that were a top priority for the governor this session. Read more about that bill’s curious journey through the legislative process here.

The deadlines hitting this week signal that the overwhelming majority of the thousands of bills filed this session are dead (for the most part), leaving only those bills that have been approved in some form by both the House and Senate. If both chambers have approved a bill in the same form, then the bill is enrolled and sent to the governor. The process is trickier for bills that get amended in different ways by the House or Senate. Each chamber will spend the next couple of days examining their bills that have come over from the other chamber with amendments and deciding what to do with them. The author of each bill can move to concur with the changes made by the other chamber, or can request the appointment of a conference committee to negotiate a final version of the bill. Friday, May 24, is the last day for House members to make such decisions.

Some of this session’s most important bills, especially relating to public education and ATPE’s legislative priorities, remain pending in conference committees at this point. These include the budget, a bill to increase contributions to the Teacher Retirement System (TRS), and a major school finance and reform bill that has dominated the conversations this session.

  • For House Bill 3, the school finance bill, senators and state representatives have taken very different approaches on how to tackle the issue of educator pay. With Speaker of the House Dennis Bonnen repeatedly proclaiming “the time is now” for school finance reform, the House approved HB 3 with an across-the-board pay raise for all school district employees except administrators. Under the leadership of Lt. Gov. Dan Patrick, the Senate has favored a larger pay raise for teachers and librarians only, and senators also included in their version of HB 3 a controversial merit pay plan that has been pushed hard by Commissioner of Education Mike Morath. The conference committee for HB 3 also must grapple with differing views on how to help school districts generate sufficient funds for their operations while also facilitating property tax relief to homeowners.
  • The TRS bill, Senate Bill 12, is designed to increase state funding for the educators’ pension fund and give current retirees a 13th check, but its final language largely depends on how much money is available to achieve those goals. That decision hinges on what happens with HB 3 to address the state’s larger school finance needs.

A press conference scheduled for this afternoon by the governor, lieutenant governor, and house speaker may provide insight on the progress of these conference committees.

Sunday, May 26, is the very last day that lawmakers can vote on conference committee reports, which contain the negotiated versions of those bills. The pressure is on those legislators appointed to conference committees to work out agreements between the House and Senate language of these bills. In some cases, conference committees may add entirely new language to the bill and can ask the House and Senate to approve a motion to go “outside the bounds” of the original legislation. Even for the bills that make it all the way through the legislative process, there is another waiting period in which the governor can decide whether to exercise his veto authority. June 16 is the deadline for the governor to act.

The takeaway is that we still have a few days left to wait and see what, if any, compromises are struck on major bills like House Bill 3 and Senate Bill 12. Stay tuned to our Teach the Vote blog for updates and follow us on Twitter for major developments in these final days of the session.

From The Texas Tribune: Welcome to Hell Week for the Texas Legislature

Analysis by Ross Ramsey, The Texas Tribune
May 20, 2019

Analysis: Welcome to Hell Week for the Texas Legislature” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Dense fog blankets the dome of the Capitol in Austin. Photo by Emree Weaver / The Texas Tribune

Here at the beginning of a week in which most bills in the Texas Legislature will die, the big priorities set out at the beginning, in January, are still alive: school finance, property tax reform, school safety and responses to Hurricane Harvey.

Lots of other proposals are fading fast.

As of Friday, just over 5% of the 7,324 bills filed in the House and Senate this session had made it all the way to Gov. Greg Abbott’s desk. That tells you a bit about what will happen in the next few days. When this is over, when lawmakers have gaveled out on Memorial Day, that percentage will have jumped considerably. Two years ago, 18% of the filed bills made it to the governor. Four years ago, it was 21%. And in 2013, it was 24.4%.

But don’t just look at success; that won’t explain the dramatic tension of the next few days. Look instead at the overwhelming failure rate. Only about 1 bill in 5 — 1 in 4 in a good year — makes it out of a regular session alive. Everything else (that hasn’t found new life as an amendment to other legislation) meets its final end in the final week — when procedural deadlines form a bottleneck that most of the stampeding legislation doesn’t survive.

Those failures are not always surprising to the authors of bills, but failure is a tough ending when a legislator has worked for 20 weeks or more to make some changes in the state’s law books.

The big stuff is all right — at least for a minute — but other things you’ve probably heard or read about are in peril, a list that includes new laws that would allow people and businesses to discriminate when that’s based on “sincerely held religious beliefs”; limits on local residents’ ability to block oil and gas pipelines, power lines and other infrastructure projects; and loosening of the state’s current restrictions on medical marijuana. There’s also the Senate confirmation of Abbott’s Secretary of State appointee, David Whitley, who presided over the state’s botched search for noncitizens on the state’s rolls of registered voters and who’s out of a job if the Senate doesn’t confirm him before the session ends. Until Sunday night, it also included changes to election laws sought by Republican lawmakers; that bill didn’t get onto the House’s final calendar, but its provisions could find their way into other legislation before the session ends.

That’s a tiny sample of what’s in the air, and it’s changing fast. Some of the items on that list have already died once or twice, only to pop up in some other form. You’ll know in a week or so — after Memorial Day — what’s really dead and what really passed.

The Texas Legislature’s Doomsday Calendar — the dramatic name for the deadlines that stack up at the end of a regular legislative session — only has a few squares left.

Four of those are red-letter days:

  • Tuesday, May 21, the last day Senate bills can be considered for the first time in the House.
  • Wednesday, May 22, the last day the House can consider Senate bills on a local and consent calendar, which is for uncontested legislation, for the first time.
  • Friday, May 24, the last day the House can decide whether to accept or negotiate Senate changes to bills.
  • Sunday, May 26, the last day the House and Senate can vote on final versions of bills they’ve been negotiating.

The last day — the 140th — gets a Latin name, but not a red border. It’s sine die, the last day of the 86th Texas Legislature’s regular session.

Another clock starts then, marking the time between the end of the legislative session and Father’s Day — June 16 — the last day Abbott can veto legislation passed by the House and Senate.

That’s an important deadline, but it’s not one that legislators can control. Their ability to steer the state will ebb soon — but not just yet. For them, we’re entering make-or-break week.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2019/05/20/welcome-to-texas-legislature-hell-week/.

 

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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

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.