Tag Archives: special education

Major Texas education groups agree on charter school policy agenda

This month, 15 major education groups in Texas agreed on a policy agenda for charter schools.

The groups include the Association of Texas Professional Educators (ATPE), the Texas State Teachers Association, the Texas Association of School Administrators, the Texas Classroom Teachers Association, the Texas American Federation of Teachers, the Texas Association of School Boards, the Texas Elementary Principals and Supervisors Association, the Coalition for Education Funding, Pastors for Texas Children, Raise Your Hand Texas, the Fast Growth School Coalition, the Texas Association of Community Schools, the Texas Association of Midsize Schools, the Texas School Alliance, and the Intercultural Development and Research Association.

In Texas, 5.5% of students attend charter schools yet they receive 10% of state funding for education. Because charters cannot levy taxes, charter schools are 100% funded by the state. Each charter school student generates the sum of the statewide average adjusted allotment (basic allotment adjusted using various weights for special populations and circumstances) and the statewide average property tax revenue across school districts. Last session, charters gained access for the first time to $60 million in facilities funding, or about $200 per student.

While charters are subject to the same accountability as traditional school districts, there are many differences in how charters operate. Texas law allows charters to accept and expel students based on academics and discipline, to employ non-certified teachers, and to choose whether or not to employ any counselors or school nurses. Additionally, the majority of charter expansion is under the charter amendment process, which allows for uninhibited growth of charter schools.

The joint policy agenda of the groups listed above focuses on increasing the transparency and efficiency of charter schools through seven recommendations for lawmakers:

  1. Allow for public transparency and input before any new charter amendments are approved in a certain community.
  2. The Texas Education Agency (TEA) should consider creating a standard charter application process and maintain an accurate charter school wait list to correctly document the number of unique students desiring charter admission.
  3. Charters should not be able to admit and expel students based on academics and discipline, as this creates inequality between charters and traditional school districts despite the fact that both receive public funds and are expected to educate all students.
  4. The Commissioner of Education should adopt procedures to analyze and report on the expected fiscal, academic, and program impact of each new charter school in order to maintain efficiency of the entire public school system.
  5. Since charters receive nearly $3 billion in public funds each year, they should publicly disclose their financial dealings, including leases, mortgages, contracts, and bond debt.
  6. Parents need to make informed decisions about where to enroll their children and should therefore have access to information on each charter school’s website such as student rates of expulsion, teacher certification and attrition rates, and the percentage of special education students.
  7. Charters received an estimated $882 million more than the school districts in which they reside during the last biennium. It is important to equalize this funding and require charters to pay into the Teacher Retirement System (TRS) just as districts do in order to create parity.

ATPE and others testify on school finance commission recommendations

This week, the House Public Education Committee received feedback from various stakeholders regarding recommendations of the Texas Commission on Public School Finance. Tuesday and Wednesday, committee members heard testimony from panels including three former House Public Education Committee chairs, superintendents, trustees, teachers, and representatives of education associations. Rural, suburban, and urban districts were represented, as well as charter and traditional public schools.

The overwhelming majority of testifiers expressed support for the commission’s recommended increase in the spectrum weight and the dual language weight. These would help create equity by funding certain student populations at higher levels. Most witnesses also commended the commission’s recommendation to fund early childhood education, but were concerned with its sustainability and with tying it to third-grade reading scores.

Among the concerns commonly expressed by stakeholders was outcomes-based funding. District leaders said they would like  local flexibility in implementing merit-based, outcomes-based, or performance-based funding mechanisms for their teachers. Apprehension with outcomes-based funding derived from mistrust or lack of confidence in the current assessment system’s ability to accurately capture student learning. In fact, an equal proportion of Tuesday’s discussions seemed to focus on assessment as on school finance. Some leaders expressed that tying funding to tests would reinforce teaching-to-the-test, and some stakeholders suggested that base teacher pay be addressed before additional incentive mechanisms.

Stakeholders representing small and midsize districts (up to 5,000 students) also expressed concern with the commission’s recommendation to move the small and midsize funding adjustment out of formula, which could alter funding to these special student populations, affecting the districts’ ability to meet federal obligations for financial maintenance of effort under the Individuals with Disabilities Education Act (IDEA).

Overall, stakeholders also expressed concerns with any funding changes that were not part of the base formula, given that similar funding approaches in the past have been less reliable. An example cited was Pre-Kindergarten (Pre-K) funding under House Bill (HB) 4 of 2015, which created an optional grant program should districts decide to offer high-quality Pre-K. Another potential funding change discussed this week was the Cost of Education Index (CEI). While some testified that they were uncomfortable with the idea of the CEI being eliminated, Chairman Dan Huberty (R-Kingwood) reiterated his intent for definite removal of the CEI in any school finance overhaul this session.

While this week’s testimony nearly always touched on teacher compensation, an important aspect of teaching beyond pay arose in the conversations: mentoring. A few witnesses expressed that the best first-year investment is a mentor teacher and that having mentor teachers is another way to provide extra compensation. Special education is another topic that came up during the hours of testimony, even though it was not widely broached by the commission last year other than through a discussion of funding for dyslexia. In testimony, several special education advocates suggested revamping the way special education is funded, which is currently done by placement rather than services. Chairman Huberty was favorable to the ideas presented.

Monty Exter

ATPE Senior Lobbyist Monty Exter, was last to testify Wednesday evening. He shared that ATPE supports the commission’s recommended changes to the weights, local flexibility in spending weighted dollars, and increases to the basic allotment. He expressed concerns with outcomes-based funding and suggested an adequate base increase for teachers and others on the education team first. Exter also offered that inputs should be incentivized as well, in a similar way to how high-quality Pre-K was incentivized through the HB 4 grant program. Lastly, Exter testified that teacher quality is related to educator preparation, another topic that cannot be forgotten when discussing increasing teacher effectiveness.

Teach the Vote’s Week in Review: Feb. 8, 2019

Here’s your chilly edition of this week’s education news highlights from the ATPE Governmental Relations staff:


Andrea Chevalier

ATPE is excited to welcome Andrea Chevalier, the newest lobbyist to join our Governmental Relations team.

Andrea joins us most recently from the office of state Rep. Mary Gonzalez (D-Clint), where she served as Legislative Director and oversaw a host of issues, including public education. She is also a former classroom teacher with experience working in both the traditional public school and charter school environments. Andrea attended the University of Texas at Austin, where she studied chemistry; earned her Masters of Education in Secondary Education at the University of North Texas; and is currently working on completing her doctoral degree in Educational Leadership and Policy from UT.

Andrea will be lobbying and reporting on a variety of issues being debated by the legislature this session, working closely with the House Public Education Committee, and covering educator quality regulations considered by the State Board for Educator Certification (SBEC). Watch for her blog posts here on Teach the Vote and follow her on Twitter at @ATPE_AndreaC.

 


On Tuesday, Gov. Gregg Abbott addressed a joint session of the 86th Legislature, delivering his traditional “State of the State” address. He outlined his legislative priorities for the session, punctuated by the declaration of six issues as emergency items that would warrant expedited action by lawmakers. All six of the issues bear close ties to public education, including most notably school finance, school safety, and teacher pay. Abbott’s declaration of these school-related emergency issues is a testament to the impact of the 2018 election cycle in which the Texas public education community was much more noticeably vocal and active. Tuesday was also the day for President Donald Trump to deliver his State of the Union address. That speech, which had been postponed due to the recent federal government shutdown, contained far less education-related content. Read more about both the State of the State and State of the Union speeches in this blog post by ATPE Lobbyist Andrea Chevalier.

 


The two legislative committees that oversee public education policy issues in Texas have begun holding regular meetings and hearing testimony. The Senate Education Committee held its first meeting of the legislative session this week, receiving an overview presentation by Texas Education Commissioner Mike Morath. The committee also learned about the status of special education programs in Texas. ATPE Lobbyist Mark Wiggins attended the meeting and provided this detailed summary for Teach the Vote.

The House Public Education Committee, which began its work a little earlier this session, held two meetings this week, both heavily focused on the topic of school finance. The committee similarly heard from Commissioner Morath, along with members of the Texas Commission on Public School Finance. Read more about those hearings in this blog post from ATPE Lobbyist Andrea Chevalier. The committee is slated for two more meetings next Tuesday and Wednesday, and the agenda will include testimony by stakeholders about school finance and the recommendations of the commission that studied the issue last year. ATPE has been invited to testify on Wednesday, and we’ll provide details next week here on our blog and on @TeachtheVote on Twitter.

 


On Monday of this week, the House Appropriations Committee announced its subcommittees that will work on various sections of the state budget. Committee members were also briefed by staff of the Texas Education Agency (TEA) and Teacher Retirement System (TRS). ATPE Lobbyist Mark Wiggins attended the meeting and provided an in-depth report here for our blog. On the other side of the Capitol, the Senate Finance Committee has also been holding several meetings to review the draft budget. Next week, Senate Finance committee members turn their attention to Article III, which contains the education budget. ATPE Senior Lobbyist Monty Exter will be there for those meetings starting Monday and will provide updates next week for Teach the Vote.

 


SPECIAL ELECTION UPDATE: Voters in San Antonio’s House District 125 will head to the polls Tuesday to elect a new state representative. Early voting has taken place this week for the special election to fill the vacant seat of former Rep. Justin Rodriguez, after he resigned to serve as Bexar County Commissioner. The five candidates vying for the HD 125 seat are Steve Huerta (D)Ray Lopez (D)Fred Rangel (R)Coda Rayo-Garza (D), and Art Reyna (D).

There also remains a vacancy in Houston’s HD 145, where Democrats Melissa Noriega and Christina Morales have advanced to a runoff in that special election. The date of the runoff election for HD 145 has not yet been announced, but is likely to be held in March. Read more about the two runoff candidates in this article from the Houston Chronicle.

 


 

Senate Education committee holds first meeting

Senate Education Committee meeting Feb. 7, 2019.

The Senate Committee on Education held its first meeting of the 86th Legislative Session on Thursday, Feb. 7, 2019, at the Texas Capitol. The committee’s chairman, Sen. Larry Taylor (R-Friendswood) kicked off the meeting by welcoming members to “Season Three, Episode One” of his tenure as the committee chair, and introduced new and returning committee members.

Texas Education Commissioner Mike Morath provided high-level testimony on the “State of the State of Public Education” report produced by the Texas Education Agency (TEA). This report focuses on demographics, challenges, and progress toward the state’s “60×30” goal of ensuring 60 percent of students graduate high school with an industry certification or post-secondary credential by the year 2030. Commissioner Morath again stressed the importance of recruiting and retaining high-quality teachers in order to achieve this goal.

The commissioner also walked members through the current “A through F” accountability system, which is largely based upon different calculations of STAAR test results. Related to that, the commissioner explained efforts to develop STAAR test questions aligned to student expectations. Morath discussed the negative impact of poverty on student learning, which prompted comments by the vice chairman, Sen. Eddie Lucio, Jr. (D-Brownsville), on related factors such as hunger. Both have a direct impact on the cost to educate a child.

In acknowledging criticisms of the STAAR test, including the high stakes attached to it, Commissioner Morath suggested the test could be broken into multiple, shorter sessions, or move away from multiple-choice answers. The commissioner noted that either could pose problems with regard to legal requirements and the time and money necessary for development.

TEA’s State Director for Special Education Justin Porter followed up with a briefing on special education, beginning with enrollment numbers. The agency documented a sharp decline in special education enrollment around 2004. Enrollment has increased in recent years, which coincides with corrective action the agency was forced to take after an investigation revealed the agency had been illegally implementing a de facto cap on enrollment. Despite the current upward trajectory, special education enrollment remains significantly below the national average.

Under the current accountability system, special education students are performing “significantly behind” their non-special education peers. Porter suggested this potentially could be ameliorated by changes to the current college, career, and military readiness (CCM-R) indicators.

The majority of Porter’s testimony focused on the strategic plan put in place as a result of the corrective action order. Under federal pressure, the agency has increased monitoring activities and identifying areas of noncompliance and improvement. Under federal law, all students have a right to a “free and appropriate public education” (FAPE), and TEA has made efforts to inform local education agencies (LEAs) of their responsibilities. The agency is also hiring a contractor to launch a statewide media campaign to provide information about special education and parents’ rights. Sens. Royce West (D-Dallas) and Paul Bettencourt (R-Houston) asked questions regarding the marketing program, including the total cost and whether districts and stakeholder groups had been recruited into the process.

Porter indicated there is also a shortage in evaluation personnel, which has resulted in many LEAs paying for contract personnel. The agency has responded with a $10 million grant to Education Service Center (ESC) 20 in San Antonio to provide services and reimbursements to LEAs without access to evaluators.

In addition, the agency has focused on professional development geared toward administrators and general education teachers, as well as training for school board members. The agency has also set up a call center to answer questions related to special education.

House Public Education Committee kicks off its session work

House Committee on Public Education, 86th Texas Legislature

This week, the Texas House Public Education Committee met for the first time this session. State representatives serving on the committee this session are as follows:

Chairman Huberty, who is returning for his third session as chair of the committee, opened the first hearing by welcoming new and returning members and emphasizing the non-/bi-partisan nature of the committee’s work. He shared a story about the glass apple he keeps in front of him on the dais during each hearing. The apple was given to him by a supporter, friend, recently retired teacher, and long-time ATPE member, Gayle Sampley.

After the chairman’s opening remarks, the committee heard a series of presentations from various high-level staff at the Texas Education Agency (TEA) meant to update the committee on a range of education issues. Links to the individual presentations can be found below:

It is worth noting that during Franklin’s presentation on educator certification, the chair questioned whether the State Board of Education (SBOE) should continue to have oversight and veto authority over rulemaking by the State Board for Educator Certification (SBEC). Under state law, the elected SBOE has the ability to review and reject rules that have been adopted by SBEC board, whose members are appointed by the governor. The SBOE cannot change SBEC rules, however, and any veto of an SBEC rule, which is extremely rare, essentially requires the certification board to start its rulemaking process over to correct perceived flaws in the rule. ATPE has supported and often relied on SBOE’s oversight of SBEC rules to help prevent the enactment of policies that would be detrimental to teachers or overall teacher quality,.

During the hearing, Chairman Huberty also laid out the committee’s schedule for the next two weeks. First, the committee will meet twice next week on Feb. 5 and 6 to hear from selected members of the Texas Commission on Public School Finance regarding the current condition of Texas’s school finance system and the commission’s recommendations for changes to tit. During the following week, on Feb. 11 and 12, the committee plans to hear invited testimony from a broad range of experts and stakeholders who have comments and concerns with the commission’s plan, or who may want to offer solutions of their own for the committee to consider as it begins its work moving forward a bill to overhaul the state’s school finance system.

House releases public education recommendations

The House Committee on Public Education issued its interim report this month, which serves as a summary of testimony taken during the interim and includes a set of recommendations for the 86th Texas Legislature to take up.

The 88-page report addresses the response to Hurricane Harvey, teacher compensation, student assessment, students with disabilities, charter schools, implementation of legislation passed by the 85th Texas Legislature, educator preparation programs, and school safety.

Chairman Dan Huberty (R-Houston) thanked members of the committee for their work, noting, “the extraordinary events that occurred since the last session adjourned spurred members to delve deeply into what some may view as difficult topics without the time constraints of a legislative session.”

Hurricane Harvey

Recommendations include making local education agencies (LEA) whole for financial losses due to enrollment changes, property value decline, and facility damage. The report suggests the committee consider possible legislation to help schools quickly access replacement instructional materials, provide timely assistance to Chapter 42 districts that experience facility damage, and improve the Texas Education Agency’s (TEA) dropout calculation methodology.

Teacher Compensation

Recommendations include creating an additional certification for teachers in leadership positions, such as “Master Teachers,” to allow for career growth without having to leave the classroom and move to administration. The committee also recommends creating new allotments through the Foundation School Program (FSP) to fund mentoring programs and to provide differentiated compensation plans. The report specifies:

TEA should create at least two compensation plan options for use by LEAs that do not have the capacity or desire to develop their own version. While LEAs should be allowed the flexibility to create programs that benefit their own particular circumstances, locally-designed programs should be required to include the following components:

1. a multiple measure evaluation system, such as the state-developed Texas Teacher
Evaluation and Support System (T-TESS);
2. incentives to encourage top performing teachers to work at campuses with the highest
need students;
3. a requirement for top performing teachers to serve as mentors and that at least first and
second year teachers are assigned a mentor; and
4. stipends for teachers or teacher candidates that participate in additional, rigorous training
such as clinical residency programs or the National Board-certification process.

Student Assessment 

Recommendations include supporting efforts by the State Board of Education (SBOE) to streamline the Texas Essential Knowledge and Skills (TEKS), limiting STAAR to readiness standards, making individual graduation committees (IGC) for students who have difficulties with the STAAR permanently available, eliminating high stakes testing for elementary and middle school students, splitting the STAAR in early grades into subtests scheduled on separate days, and providing funding to continue the Writing Assessment Pilot Program.

Students with Disabilities

Recommendations include monitoring TEA implementation of the corrective action plan and Strategic Plan for Special Education, providing additional funding for dyslexia identification and instruction, monitoring for the potential negative impact of changes under the Student Health and Related Services (SHARS) program, and extending funding for dyslexia and autism pilot programs.

Charter Schools 

Recommendations include requiring expansion amendment requests for additional campuses or sites to be sent to TEA and notice given to districts at least a year before a new campus is openened, ensuring uniformity among which district officials receive expansion amendment notifications, reconsidering current laws that allow charters to exclude students based on disciplinary history, ensuring charters have the ability to fulfill their responsibilities towards students with disabilities before authorization, reducing funding disparities between charters and traditional school districts, and expanding the Texas Partnership program.

Implementation of Legislation 

The report focuses on the implementation of anti-cyberbullying legislation under House Bill (HB) 179, known as David’s Law, and to changes to the accountability system under HB 22. Regarding the accountability system, recommendations include monitoring the inclusion of extra- and co-curricular indicators and local accountability systems, revisiting certain college, career, and military readiness (CCMR) indicators, exploring options to alleviate timing issues that exist with regard to the accountability system and rulemaking, and including additional funding to cover the costs of federally-mandated SAT and ACT assessments for certain students.

Educator Preparation Programs

Recommendations include monitoring TEA implementation of the educator preparation program (EPP) data dashboard, collecting disaggregated longitudinal data on student outcomes of teachers by EPP, and incentivizing EPP partnerships that provide affordable options to gain additional credentials and certifications.

School Safety

In response to the deadly school shootings in Santa Fe, Texas, and elsewhere, the committee’s report includes four pages of recommendations regarding school safety. The recommendations are broken in subcategories covering mental health and well-being, school mental health professionals, school safety planning and training, school safety infrastructure, law enforcement resources, and charter school specific issues.

These recommendations are expected to become the basis of major bills that move through the House Public Education Committee this session. Under new House rules adopted Wednesday, the committee will expand to 13 members from 11. The committee’s chair and membership for this session will be assigned by newly-elected Speaker Dennis Bonnen (R-Angleton). The full interim report can be accessed here.

From The Texas Tribune: Texas school finance panel approves final report to lawmakers

By Aliyya Swaby, The Texas Tribune
Dec. 19, 2018

Texas Commission on Public School Finance member Todd Williams of Dallas, left, speaks with Texas Education Agency Commissioner Mike Morath and state Sen. Royce West, D-Dallas, on Jan. 23, 2018. | Photo by Bob Daemmrich for the Texas Tribune

Texas school finance panel approves final report to lawmakers” 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.

After hours of discussion Wednesday, a state panel studying school finance stripped its final report of language that blamed the state for inadequate education spending — and that added urgency to a need for more money to improve student performance.

The original version of the report, unveiled last Tuesday, included stronger language that held the state accountable for the lack of education funding and urged lawmakers to immediately inject more than a billion dollars of new funding into public schools. Scott Brister, the panel’s chairman and a former Texas Supreme Court justice, led the charge to make those changes, which he said would be more palatable to lawmakers and keep Texas from being sued in the future.

“I do have a problem several places where it says our school system has failed. I do think that’s asking for trouble,” he said.

Some lawmakers and educators on the panel pushed back before agreeing to compromise.

“I think we have failed our schools and we haven’t funded them, in my view, adequately or equitably,” responded state Rep. Dan Huberty, R-Houston, who chairs the House Public Education Committee.

Despite the conflict, the 13-member commission unanimously approved more than 30 recommendations on Wednesday aimed at boosting public education funding, improving student performance, cleaning up a messy funding distribution system — and providing property tax relief for Texans.

A final report will be sent to lawmakers, who are convening next month amid calls from state leadership to overhaul a long-embattled school finance system. Gov. Greg Abbott supported the panel’s vote in a statement Wednesday afternoon: “Today’s school finance commission report made clear that the state must reform the broken Robin Hood system and allocate more state funding to education. This session, we will do just that.”

The vote was the culmination of nearly a year of meetings and hours of testimony from school superintendents, education advocates and policy experts.

Panel members have bickered for months about basic foundational concepts, including whether the state had been underfunding public schools and whether they actually need more money in order to improve. The report takes a middle ground approach, promising more money to school districts that meet certain criteria or agree to offer specific programs such as dual language or merit pay for teachers.

Many of the debates among panel members Wednesday reflected their political divisions, with Brister — a conservative and Abbott appointee — arguing against citing a specific amount lawmakers should infuse into the public school funding system and school officials saying the panel should take an explicit stand based on its research.

An earlier version of the report said lawmakers should take the “important first step” of approving more than $1.73 billion in “new funding” for “the vast majority (if not all)” of the proposed programs.

The recommendation the commission approved Wednesday dropped that dollar figure.

Brister said he was uncomfortable sending a report to lawmakers that pressured them into making specific financial decisions.

“I am willing to say we will have to add new money to do these things. I am not willing to say, ‘And the first step is, every dime has to come from new money,” he said.

Nicole Conley-Johnson, chief financial officer of the Austin Independent School District, unsuccessfully argued to keep the paragraph in its original form.

“The spirit by which we were convened is to establish the changes and make recommendations,” she said. “I feel like we need to have the foresight to put in the estimated cost.”

Education advocacy groups criticized Brister’s decision. “There can be no real school finance reform that fails to address adequacy,” said Shannon Holmes, executive director of the Association of Texas Public Educators, in a statement after Wednesday’s vote. “ATPE is disheartened that some members on the commission were unwilling to acknowledge the reality of the limitation of our state’s current funding levels out of fears of sparking litigation.”

The report still includes cost estimates for recommended programs and changes to how funding is divvied up among schools. But it no longer implores state lawmakers to pay for them.

Among the recommendations the commission plans to send to lawmakers are:

  • $100 million a year to school districts that want to develop their own teacher evaluation metrics and tie pay to performance. The total amount available should increase $100 million each year until it reaches $1 billion.
  • Up to $150 million to incentivize school districts to offer dual language programs, which instruct students in both English and Spanish, and to improve their dyslexia programs.
  • $800 million to incentivize school districts to improve students’ reading level in early grades and to succeed in college or a career after graduating high school.
  • $1.1 billion to improve education for low-income students, with school districts that have a higher share of needy students getting more money.
  • Create a new goal of having 60 percent of third-grade students reading on or above grade level and 60 percent of high school seniors graduating with a technical certificate, military inscription, or college enrollment without the need for remedial classes.
  • Cap local school district tax rates in order to offer property tax relief and a small amount of funding for schools —a proposal from Abbott.
  • No extra funding for special education programs until the state has completed overhauling those programs in line with a federal mandate.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/12/19/texas-school-finance-panel-approves-final-report/.

 

Texas Tribune mission statement

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

Teach the Vote’s Week in Review: November 16, 2018

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


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

The State Board of Education (SBOE) met this week to discuss a variety of topics in what would be its last series of meetings before the year’s end.

On Wednesday, the board voted to increase its distribution from the Public School Fund to 2.9%.  This action takes place after a dispute earlier this year between the SBOE and the General Land Office’s School Land Board (SLB). Both the SBOE and the SLB manage investment portfolios that fund public education, but an unusual move by the SLB to bypass the SBOE and put funding directly into the Available School Fund (ASF) means that the SBOE will have less money to support classrooms directly.

Other topics of discussion this week included the streamlining of the Texas Essential Knowledge and Skills (TEKS) for social studies, the board’s final discussion on the Long Range Plan (LRP) for public education, and the SBOE’s legislative priorities for the upcoming session in 2019.

The Board also heard from Texas Education Agency (TEA) Commissioner Mike Morath. The commissioner addressed concerns that the agency’s Legislative Appropriations Request (LAR) seeks less state funding than in previous years, telling the board the agency is simply following the funding formulas established by the legislature.

During the Board’s discussion with Commissioner Morath, members also requested updates on issues such as Senate Bill (SB) 1882, a bill passed during the 85th legislative session that allows public school districts to partner with privately-run charter schools; the recent ruling by the 5th Circuit Court of Appeals that upheld the U.S. Department of Education’s punitive actions against Texas for underfunding special education programs; and transparency regarding the instructional materials portal launched in 2017.

 


In a press conference earlier this week, state Rep. Dennis Bonnen (R-Angleton) announced that the race for Speaker of the Texas House of Representatives was “over,” as he had secured enough pledges for votes to make him the definitive winner. While the Speaker’s race won’t officially be over until January, when the House convenes for the 86th legislative session and formally votes for the next speaker, that hasn’t stopped Bonnen from proceeding as the presumptive speaker-elect, hiring key staff and putting in place a transition team.

Rep. Bonnen suggested that school finance will be the top priority of the Texas House in the upcoming legislative session, and he has vowed to work with his counterpart across the rotunda. Bonnen and Lieutenant Governor Dan Patrick released a joint statement this week affirming their commitment to unity and working together in the upcoming session. Rep. Bonnen wrote, “The Lieutenant Governor and I share a strong commitment to doing the people’s business.”


School finance commission working group on revenues meeting, November 13, 2018.

On Tuesday, the Texas Commission on Public School Finance working group on revenues discussed the issue of wealth equalization through recapture, which is commonly referred to as “Robin Hood” under the current school finance system.

Led by state Sen. Paul Bettencourt (R-Houston), the group heard testimony from a variety of stakeholders, including former state Sen. Tommy Williams, who testified on behalf of the governor’s office. Williams delivered the first public explanation of the governor’s plan to cap local tax revenue. A detailed account of the meeting can be found in this blog post by ATPE Lobbyist Mark Wiggins.

 

 


Commissioner: School fund management needs structural change

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

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

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

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

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

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

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

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

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

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

Teach the Vote’s Week in Review: Nov. 9, 2018

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


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.

You can read more about the ruling and the history behind it in this article from the Texas Tribune.