Tag Archives: special education

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

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


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

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


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

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


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

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

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


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


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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Highlights of the May 2020 SBEC meeting

In its first meeting conducted via Zoom, the certification board discussed educators and coronavirus, Master Teachers, and more.

On Friday, May 1, 2020, the State Board for Educator Certification (SBEC) met for the first time in a virtual setting, due to COVID-19 meeting restrictions. Here are the highlights from the board’s agenda:

  • Carlos Villagrana of Teaching Excellence will no longer be a member of the SBEC board.
  • The Texas Education Agency (TEA) says beginning teacher support is a “huge priority” in light of COVID-19 and that the state is looking to federal CARES Act funding to implement programs and resources in this area.
  • SBEC gave the nod to rule changes to implement the Science of Teaching Reading requirements in last year’s House Bill 3 for all EC-6 teachers.
  • The board rejected an alternative certification program’s petition for several rule changes that would have lessened the responsibility of educator preparation programs (EPPs) to prepare high-quality teachers.
  • In a discussion of tying EPP accountability to STAAR-based student growth, EPPs and board members alike expressed concerns about clarity of the methodology and determining cut scores.
  • In a discussion-only item, SBEC members overwhelmingly agreed with ATPE in support of removing the expiration date from Legacy Master Teacher certificates. TEA will move forward with rule-making on this issue.

“Legacy” Master Teachers

On Friday, SBEC took up a discussion-only agenda item to move forward with potential solutions for Master Teachers (MT), whose certificates were eliminated under House Bill (HB) 3 passed by last year’s legislature. Though the process for gaining a MT certificate was arduous and often costly, MTs will not be able to renew these certificates and, upon their expiration, may find themselves ineligible to continue in their current teaching assignment.

In a letter requested by ATPE and delivered to the board at its Feb. 2020 meeting, HB 3 author Rep. Dan Huberty (R-Kingwood) explained that the intent of his bill was never to abandon MTs’ expertise, but simply to avoid naming confusion with the “master” teacher merit designation also included in the bill as part of the Teacher Incentive Allotment. This is why MTs now see the qualifier “legacy” attached to their certificate. Huberty’s letter urged the board to allow legacy MT certificate holders to “maintain their existing teaching assignments without interruption, additional cost, or the need to seek additional certifications,” which prompted today’s discussion on the SBEC agenda.

ATPE Lobbyist Andrea Chevalier testified virtually before SBEC on May 1, 2020.

ATPE Lobbyist Andrea Chevalier provided written and oral testimony today in support of solutions to allow MTs to retain their teaching assignments. In particular, ATPE supported a TEA-suggested option to remove the expiration date from Legacy MT certificates, and the board overwhelmingly agreed. ATPE looks forward to continuing to work on this issue as rules are proposed. For background on ATPE’s previous work regarding MTs, see this blog post by Chevalier.

Coronavirus and educators:

In the first discussion of the day, the board received an overview of the COVID-19 pandemic’s impact on educators. TEA staff explained that the first round of governor-issued waivers changed the time and physical setting requirements for clinical teaching, internships, and field-experience. The second round of waivers provided flexibility for certain candidates who have not been able to meet testing requirements for a one-year probationary certificate, which is typically reserved for candidates in alternative certification programs. This waiver gives candidates a year to meet the testing requirements as testing centers slowly reopen.

SBEC member Laurie Turner asked if waivers would still apply in the event of a second viral surge. TEA Associate Commissioner Ryan Franklin replied that his team is developing a plan for a next phase of admission and entrance requirements for candidates entering programs this fall. Franklin said all things will be on the table and a lot will depend on the emergency declaration from the governor’s office that enables TEA to address these issues.

SBEC heard testimony from representatives of the University of Texas at Austin, who said new teachers will need extra support next year due to decreased preparation experiences and the additional needs of students who have lost learning due to the pandemic. Testifiers argued that federal funding could be used for statewide targeted induction support, including activities such as close mentoring, summer professional learning, micro-credentialing, a hotline, and virtual planning sessions over the summer. Kelvey Oeser of TEA said this is a huge priority for the agency and that they are looking at the CARES Act as a potential funding source.

Implementation of the Science of Teaching Reading requirements:

Last year’s HB 3 requires  candidates who plan to teach students in grades EC-6 to complete a Science of Teaching Reading (STR) exam. To reflect this requirement, the board approved proposed amendments today across several chapters in Title 19 of the Texas Administrative Code (TAC) to implement the replacement certificate names, as well as other changes that might have been proposed in each particular chapter. These proposed changes by chapter will be posted in the Texas Register for public comment beginning May 29, 2020 and ending June 29, 2020. See below for more detail:

Chapter 227: Changes include updates to the PACT to implement the STR exam and removal of the one-year expiration date on passing PACT. This would reduce the burden on candidates, who may have taken a PACT exam more than a year before they try to gain admission to an EPP.

Chapter 228: This chapter houses requirements for EPPs. Eight revisions were approved, five of which were discussed at the February SBEC meeting. These would simplify a table of requirements in the chapter; implement portions of HB 18 passed by the legislature in 2019; authorize teaching sites outside of Texas in situations such as military assignment; provide admittance policy guidance to EPPs that are closing or consolidating; restrict a summer-only practicum unless it is part of a year-round school or extended year program; provide a dismissal policy for candidates who violate the code of ethics; supply concise reasons that an EPP would no longer support a candidate in an internship; and clarify the number (three) and spacing of formal observations conducted during a practicum. Three new changes to EPP requirements were made since the February meeting so that EPPs can offer the replacement certificates for the STR exam.

Chapter 230: The revisions update the testing figure in 230.21(e) to implement the STR requirements, including the insertion of replacement certificate names and a content pedagogy exam transition. This transition is necessary because the exams are based on standards that are changing with implementation of the STR and changes to English Language Arts and Reading (ELAR) curriculum standards in the TEKS. The changes also include technical edits to phase out a retired test and update test numbering conventions.

Chapter 233: This adds the replacement STR certificates to the categories of classroom teaching certificates and language requiring educators who teacher pre-K-6 to demonstrate proficiency of STR. New rule language also implements transition deadlines.

Chapter 235: These changes update the organization of the STR standards to comply with HB 3, including a split certification for special education with separate certificates for grades EC-6 and 6-12. Changes also include two sets of supplemental certificate standards: one for bilingual Spanish, grades EC-12, focusing on bilingualism, biliteracy, and biculturalism; and another for “DeafBlind” grades EC-12.

In a discussion-only item, the board also considered a communication timeline for the Science of Teaching Read exam transition, including test development.

Other action items:

SBEC approved the adoption of revisions to 19 TAC Chapter 232 to implement technical updates to renewal and fingerprinting procedures and several bills passed by the 86th Legislature in 2019. The new legislative requirements include continuing professional education regarding mental health and substance abuse training under HB 18 and Senate Bill (SB) 11); training requirements for superintendents on sexual abuse and human trafficking per HB 403; and the removal of student loan default as grounds to deny the a certificate renewal under SB 37. The fingerprinting updates include process and technology changes that match current practice. The simplification and reorganization of the chapter was presented as suggested by ATPE and other stakeholders.

The board voted to deny a rulemaking petition that included four requests related to EPPs. State law in the Texas Government Code allows any interested person to petition a rulemaking agency, such as SBEC, for regulatory action. The petition by an individual representing an alternative certification program (ACP) included requests for SBEC to make four rule changes as follows: 1) revert back to requiring that candidates take a certification exam for admission purposes into an EPP; 2) allow ACPs and post-baccalaureate programs to prepare candidates for pre-admission content tests; 3) change the EPP accountability system to give EPPs credit for any candidate who passes within the first five attempts, as opposed to current rule that is limited to the first two attempts; and 4) change the intern certificate to two-years rather than one-year. This last change would extend the amount of time that intern teachers are teaching students without having met certain proficiency requirements required at the end on an intern year. After mixed testimony, the board overwhelmingly agreed on the importance of keeping educator preparation as rigorous as possible and voted to deny the request

Discussion-only agenda items (no action taken):

The board also discussed potential changes to 19 TAC Chapter 229, covering the Accountability System for Educator Preparation (ASEP). Because of COVID-19, TEA proposed an EPP accreditation status of “Not Rated: State of Disaster,” since candidates cannot take certification tests due to test center closures and teacher and principal surveys were waived. An EPPs status from the prior year will remain its current status, which effectively makes the Not Rated status a pause in the accountability system. The agency also proposed a summative ASEP index, which brings all of the accountability indicators together through a weighting system. TEA presented a student growth indicator that would be integrated into the system, based on student scores on the State of Texas Assessment of Academic Readiness (STAAR) test. In this indicator, a beginning teacher’s growth scores would be determined by comparing STAAR student achievement to expected growth. This growth score would then be compared to a statewide cut score. Mark Olofson of TEA noted that the agency will provide more information about that manner in which candidates who are on probationary certificates under the governor’s waiver would fit into the ASEP model. Testimony on the changes included concerns from EPPs that the ASEP manual should be very explicit about which teachers will be included in the student growth indicator and what the cut scores will be, with which the board seemed to agree.

Lastly, the board discussed the voluntary closure of the Training via E-Learning Alternative Certification Program (TEACH) ACP. During a January 2020 status check of EPPs operating under agreed orders, TEA found that the TEACH program violated the agreed operating conditions by admitting students when the program was not allowed to do so. Upon notification of the violation, TEACH opted to voluntarily close in lieu of revocation.

Other housekeeping matters:

SBEC member Carlos Villagrana notified the board today that he is transitioning away from his role with Teaching Excellence, which is Yes Prep charter school’s alternative certification program. Because of this, he will not be able to remain a member of SBEC. Another EPP-oriented position on the board that is meant for a dean of a college of education has been vacant for a year. Both positions must be filled by governor’s appointments.

The board did not take up any further discussion of changes to contract abandonment rules, a topic that had bounced around since last fall through several meetings. The previously proposed changes to contract abandonment rules were meant to mitigate situations in which teachers relied on reasonable beliefs that their resignations had been accepted by someone in their districts with authority to do so. However, some teachers were mistaken and subsequently faced contract abandonment consequences. Administrators opposed the changes and the board ultimately reached a near-consensus at its February meeting that no action should be taken.

TEA postponed an update on the EdTPA performance assessment pilot until the July SBEC meeting.

Future meetings:

The upcoming SBEC meeting dates for 2020 are:

  • July 24, 2020
  • Oct. 9, 2020
  • Dec. 11, 2020

Texas public schools are counting on the 2020 Census

Check your mailbox today. Did you get a 2020 Census invitation?

By April 1, 2020, all households will receive an invitation to complete the 2020 U.S. Census, which determines many important factors of daily life, including funding for children, representation in Congress, and federal assistance for public necessities such as roads and emergency services. Invitations are being delivered between March 12-20. From March 30-April 1, the Census Bureau will count individuals experiencing homelessness, and in April, census workers will visit universities, nursing homes, and others who live in large groups. See a full timeline here.

The census is foundational to our democratic way of life in the United States. In fact, a decennial (every ten years) population count is required by the U.S. Constitution to ensure fair representation of everyone living in the United States. The number of representatives assigned to each state in the U.S. House of Representatives is based off census counts. Big and rapidly growing states like Texas rely on the census to make sure our voices are heard (proudly and loudly) in Washington, D.C. – we are projected to add two or three U.S. representatives to the Texas delegation after this census because of population growth. State and local officials also use the census results, which break down population by tracts of land, to draw boundaries for congressional districts, state legislative districts, State Board of Education districts, and school districts.

Example of 2020 Census questions. Source: 2020census.gov

The census counts every person living in the U.S. once, and your response to the questionnaire is required by law. The 2020 census includes 12 questions that will collect very basic data about households as of April 1, 2020, including size and type of household (house, apartment, mobile home), telephone number, and the race, ethnicity, age, and sex of each person living in the household. Find a sample of the 2020 census here. There is NO citizenship question. By law, the U.S. Census Bureau is not allowed to release personal information, even to law enforcement.

In 2018, Texas received over $1.3 billion dollars in Title I funding, which is based on census counts. Out of the $43 billion in total census-derived funding Texas received in 2018, our students also benefited from $1.4 billion in National School Lunch Program funds and billions more for health insurance, special education, foster care, early childhood education, child care, and other nutritional programs. All of these essential programs are at stake – even just a 1% undercount could cost the state $300 million.

Census-statistic derived federal aid to Texas, 2018. Source: CPPP

For the first time ever, the census can be completed online. Alternative methods such as by phone and mail are also still available. The census website features easy-to-understand resources about completing the census, including considerations for special circumstances facing families today, such as homelessness.

Hard-to-count areas represented with darker colors. Source: City University of New York

It is important to get an accurate count because public schools are legally required to educate ALL students and rely on federal funding tied to population numbers. The census counts everyone living in the U.S., including citizens, non-citizen legal residents and long-term visitors, and undocumented immigrants. Unfortunately, an estimated 25% of Texans and 30% of Texas children live in areas that are considered hard-to-count. These individuals are often hard to contact, locate, survey, and/or engage because of a variety of factors such as language barriers, lack of stable housing, or distrust of the government.

Texas Counts is a community hub that provides several resources for educators, schools, and districts related to get-out-the-count efforts. Since public schools educate all children, they are poised to reach families in unique ways to help promote completion of the census, dispel myths, and ease minds. Educators can also check out the resources on the U.S. Census website, which include lessons and other ways to make the census relevant to students at this crucial time.

 

President releases education budget proposal for 2021

On February 10, 2020, President Donald Trump released his budget proposal, which is a statement of  his administration’s spending priorities across all sectors of government. Because the president’s budget is merely a proposal, any of these funding amounts would still need to be approved by Congress in order to be enacted. Historically, Congress has largely ignored President Trump’s funding proposals for education.

The education portion of the president’s 2021 budget recommendation is focused on “education freedom.” While cutting funding for the U.S. Department of Education by $5.6 billion, the proposal requests funds to provide up to $5 billion annually in “Education Freedom Scholarships.”  Using these funds, states would be free to design their own scholarship programs, which could be used to send public dollars to private schools. This requested increase in voucher funding reflects the president’s statements during his State of the Union address last week, which my fellow ATPE Lobbyist Mark Wiggins reported on here and here for Teach the Vote.

Trump’s proposal also consolidates 29 federal education programs into one block grant totaled at $19.4 billion, which is $4.7 billion less than Congress approved for these programs in 2020. A list of the programs can be found here (see p. 9), which includes 21st Century Learning Centers, charter schools, school safety national activities, and the $16 billion Title I Grants. This change purportedly would cut the role of the Department of Education significantly by reducing staffing and administrative costs. Though this is labeled a “block grant,” funds would still be allocated using the Title I formulas. The proposal indicates that states and school districts could use the funds on any of the consolidated programs and would still have to follow key accountability and reporting requirements.

Consistent with the president’s affinity for career and technical education (CTE), the proposal also includes $2 billion for CTE state grants and $90 million for CTE national programs. Part of this $763 million increase would be funded by a proposal to double the fee for H1-B visas.

The president’s 2021 budget recommendation includes an increase of $100 million in funding for Individuals with Disabilities Education Act (IDEA) Part B grant funding, for a total of $12.8 billion. This increase is relatively small considering the overall funding needs for students with disabilities. (Texas appropriated over $2 billion for this purpose during the 86th legislative session.)

As was the case in previous presidential budget requests from the Trump administration, the proposal eliminates the Public Service Loan Forgiveness program, citing that it “unfairly favors some career choices over others.”

Review past reporting on President Trump’s budget requests for the 2018, 2019, and 2020 fiscal years here on ATPE’s Teach the Vote blog.

Breaking news: Texas House Speaker releases interim charges

Texas House Speaker Dennis Bonnen (R-Angleton) released the 86th Legislature’s interim committee charges for the House of Representatives today. Over the course of the next year, House committees will meet to discuss and hear from stakeholders on these issues, ultimately preparing a report before the start of the next legislative session. In the committee charges cover letter, the speaker also announces that he will create, “several Select Committees addressing issues of extraordinary interest and concern.” The ATPE Governmental Relations team will be monitoring the work of these committees.

ATPE’s lobbyists have reviewed the interim charges and will be following those that are of importance to our members and giving testimony when possible. In particular, the House Committee on Public Education will monitor legislation from the 2019 legislative session, including House Bill 3 and various accountability bills from this and previous sessions. Additionally, the committee will discuss digital learning options and the Virtual School Network, as well as looking broadly at monitoring and improving special education.

The House Committee on State Affairs has also been charged with studying “how governmental entities use public funds for political lobbying purposes.” ATPE will be monitoring the committee’s review of this topic, which was the subject of a major legislative battle last session and could impact how school districts participate in legislative advocacy efforts.

Stay informed with Teach the Vote as the House committees begin to work on their interim charges. Click here to read about the Senate’s interim charges that were released last month.

House Public Education Committee gets an update on accountability, school finance bills

House Public Education Committee interim hearing, Oct. 28, 2019.

The House Public Education Committee met on Monday, Oct. 28, to hear an update on legislation from the 85th and 86th legislative sessions and testimony from panels of invited witnesses.

The interim hearing began with an overview from Texas Commissioner of Education Mike Morath on public school accountability. Specifically, the committee heard about House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) passed by the 85th Texas Legislature in 2017. That bill shrank the accountability system from five to three domains. HB 22 also created a distinction between campus and district accountability “grades” of “D” and “F,” such that a rating of “D” would represent a “needs improvement” condition rather than a “failing” status. As the Texas Education Agency (TEA) has implemented HB 22, several problematic scenarios have emerged due to multiple interpretations of the law.

One such scenario pertaining to the timeline for accountability sanctions and interventions has left districts wondering where they stand and waiting for guidance in the form of commissioner’s rules or clarifying legislation next session. Specially, does a “D” rating break up a series of “F” ratings in a manner that would restart the clock for purposes of determining required interventions? Since HB 22 is slated to take full effect in the 2020-21 school year, legislators and TEA officials are facing pressure to find a solution, such as delaying the adoption of rules, for districts grappling with questions like these. Commissioner Morath told the committee on Monday that he will be reaching out to affected districts to try to provide guidance.

Due to issues like these, we can probably expect another accountability clean-up bill to be filed in the 2021 legislative session. The commissioner suggested two statutory changes that may help alleviate the problems. The first is to eliminate required interventions for failure in a domain grade, leaving mandatory interventions in place based on a district’s or campus’s overall grade. The second suggestion is to change the “D” rating so that it continues to advance the intervention clock but would not require school closure or the appointment of a Board of Managers unless performance falls to an “F” and no less than six years have elapsed.

Texas Commissioner of Education Mike Morath

Commissioner Morath also gave the committee an update on the local accountability system pilot, which allows school districts to use additional indicators that their communities find important. Nineteen districts participated in the 2017-18 pilot year and submitted pilot data. The commissioner identified three big challenges that districts faced when creating their systems: would the local accountability system produce 1) reliable results over time, 2) results that accurately measure a desired result, and 3) a reasonable accountability score that was “calibrated” with the state accountability system. The commissioner stated that these challenges were used as the criteria against which districts were rated in determining whether to approve their local accountability system.

Ultimately, only two districts, Dallas ISD and Snyder ISD, had their local accountability systems approved by the commissioner, which prompted committee members to raise concerns during Monday’s hearing. One superintendent who testified during the hearing stated that his district’s application was denied because, according to the TEA, the district had focused too much on “adult behavior” inputs that were not directly measured using student achievement data. The superintendent gave the example of using incentives to increase the use of AVID (Advancement Via Individual Determination) as part of its local accountability system proposal. ATPE has long advocated for including inputs in the accountability system, such as ensuring that students are taught by educators who are certified in the subjects and grade levels they are teaching. We believe that such measures are more directly controllable by districts and individual educators than other factors and typically lead to better student outcomes. During Monday’s committee meeting, a panel of school superintendents and other public education advocates also gave feedback on implementation of the state’s accountability system, similarly expressing a desire for the inclusion of inputs related to such “adult behaviors.” They also recommended enabling the state accountability system to be more nuanced to account for the correlation between poverty and student tests scores, and they advocated for delaying the adoption of commissioner’s rules until the HB 22 implementation issues can be cleared up with legislation in 2021.

The committee also received an update from the commissioner on the implementation of HB 3, the school finance overhaul bill passed during the 86th session of 2019. Commissioner Morath stated that there was a $635 average increase in per pupil funding as a result of the bill, and he plugged TEA’s “HB 3 in 30” video series, which offers in-depth explanations of various aspects of HB 3. Other updates were given to the committee on the following:

  • The STAAR readability study required by HB 3 is being conducted by the University of Texas at Austin. An initial report is due to the legislature by Dec. 1, 2019, and a second portion of the report is expected by Feb. 1, 2020. The commissioner told the committee that if the study concludes that changes to the test are needed, then those will be made.
  • The commissioner shared that TEA plans to collect data on pay raises resulting from HB 3 starting sometime near January 2020. A report to the legislature would then be expected by March 2020.
  • There has been a 56% growth in students receiving special education services over the past three years, which could reflect more students being identified as having dyslexia.
  • The committee discussed unintended funding consequences for fast-growth school districts and career and technical education (CTE) funding in small/mid-sized districts as a result of HB 3’s changes.

Another panel of public education advocates and practitioners gave feedback on the implementation of HB 3, telling the committee members that more clarity is needed on aspects of the legislation, such as its incentive pay program and related merit designations for teachers. Some panelists expressed concern about the sustainability and mechanisms of funding under the bill, such as outcomes-based funding in which money for one group of students is based on the performance of a previous group of students. As the rulemaking process for implementing HB 3 continues, ATPE will monitor TEA’s interpretation of these concerns.

At the end of Monday’s hearing, Chairman Huberty stated that he did not anticipate any more House Public Education Committee hearings this year. Stay tuned into our blog and keep up-to-date with legislative developments by following ATPE’s lobby team on Twitter via @TeachtheVote, @ATPE_JenniferM, @ATPE_MontyE, @ATPE_AndreaC, and @MarkWigginsTX.

Teach the Vote’s Week in Review: Sept. 20, 2019

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


Ellis and Bahorich

Dr. Keven Ellis (R) of Lufkin has been appointed as the new chair of the State Board of Education (SBOE). Dr. Ellis assumes the role after the previous chair, Donna Bahorich (R) of Houston, served the maximum of two terms over the last 4 years. Bahorich presided over last week’s SBOE meetings, which we covered here on our Teach the Vote blog, and she will remain a member of the board. Dr. Ellis has been an elected member of the board since 2016, and he recently represented the SBOE as vice chair of the Texas Commission on Public School Finance. Read more about Monday’s announcement of the SBOE change of leadership here on Teach the Vote.


ELECTION UPDATE: Tuesday, September 24, will mark the eighth annual National Voter Registration Day (NVRD), a non-partisan effort to increase civic participation. For more information on NVRD and other election news, including announcements about a key senator’s retirement and the race to succeed him, check out this week’s election update from ATPE Lobbyist Mark Wiggins.


This week’s edition of our “New School Year, New Laws” blog series on Teach the Vote covers the topic of special education. Following media reports and a federal investigation that found Texas had for years imposed an arbitrary, de facto cap on enrolling students into special education programs, this year’s legislative session was heavily focused on addressing special education, from increasing funding to enacting laws to raise awareness of students’  and parents’ rights. Read the latest blog post in our series by ATPE Lobbyist Andrea Chevalier for a breakdown of new legislation that affects special education.


The TRS board met in Austin this week discussing topics ranging from healthcare affordability to retirees’ recently issued 13th check and potential office moves for the agency. Read more about the discussions in this new post by ATPE Senior Lobbyist Monty Exter, who attended the TRS meetings this week.


A pair of hearings on the subject of school safety and preventing school violence took place this week in Texas and in Washington, DC, with more meetings scheduled in the near future.

First, in the nation’s capital this week, the U.S. House Committee on Education and Labor met Wednesday for a markup of H.R. 4301, the “School Shooting Safety and Preparedness Act” filed by Rep. Tulsi Gabbard (D – Hawaii). The measure calls for an annual report by the U.S. Department of Education on school violence data and would define in federal statute the terms “mass shooting” and “school shooting.” After a heated debate, the committee approved the bill by a party-line vote of 27-22, with some Republicans on the committee, including its ranking member, deriding it as a “publicity stunt.” For members of the Texas congressional delegation serving on the committee, Democrat Joaquin Castro voted for the measure, while Republicans Van Taylor and Ron Wright voted against it.

Here in Texas, the new House Select Committee on Mass Violence Prevention and Community Safety held its first meeting on Tuesday. During the organizational meeting, committee members heard invited testimony only from state law enforcement officials and mostly focused their conversation around the topic of threat reporting and investigations. A similar select committee established in the Texas Senate will hold its first meeting next week on Sept. 26.


New School Year, New Laws: Special Education

In this week’s blog post in the “New School Year, New Laws” series, the ATPE lobby team looks at changes to special education resulting from the 86th legislative session earlier this year.

Three years ago, the Houston Chronicle published an investigative series on how Texas was systematically denying special education services to students through an arbitrary 8.5% cap on special education enrollment. After confirming the findings, the U.S. Department of Education (ED) ordered the state to complete a Special Education Strategic Plan and Corrective Action Response. In the interim before the 2019 legislative session, special education advocates worked diligently with lawmakers, the Texas Commission on Public School Finance, and the Texas Education Agency (TEA) on the strategic plan, corrective action response, and special education funding to try to mitigate the negative effects of having denied years of services to students. This involvement from stakeholders helped to prioritize special education in the legislative session.

Below are some of the bills passed this year to address special education funding and various initiatives for students with special needs.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Special education funding and advisory committee

Special education in Texas is currently funded through a system of weights based on student placement. For example, the weight for a homebound student is 5.0 (meaning that a school district receives 5 times the amount of the basic allotment for that student). The mainstream weight covers approximately 85% of students receiving special education services, according to the TEA. Rep. Mary Gonzalez (D-Clint) amended HB 3 to increase the mainstream weight from 1.1 to 1.15, which will generate hundreds of extra dollars for every student receiving special education services in the general education classroom. As an aside, stakeholders and agency officials alike are urging that the rhetoric around special education shift to characterize special education as a service rather than a placement.

HB 3 also creates a new dyslexia weight of 0.1, which will help direct even more money to students with special needs. The dyslexia weight will also capture and fund students who are receiving services under Section 504 of the Rehabilitation Act, which is not federally funded like the Individuals with Disabilities Education Act (IDEA).

Lastly, HB 3 establishes a 14-member special education allotment advisory committee that will make recommendations on special education funding. In September, the commissioner of education will appoint committee members, to include a variety of stakeholders both within and outside of the school setting, including two teachers.

These provisions of HB 3 became effective immediately upon the passage of the bill.

Senate Bill (SB) 500 by Sen. Jane Nelson (R-Flower Mound): Addressing maintenance of financial support in the supplemental budget

Just before the 2019 legislative session began, news broke that Texas had failed 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 it spent in the prior year, which is not allowed. Unfortunately, the state continued this trend in 2017, 2018, and 2019, and it is now estimated that the resulting federal penalty will reach $233 million.

This year’s supplemental spending bill, SB 500, included over $219 million to settle maintenance of financial support costs and to prevent future penalties.

SB 139 by Sen. Jose Rodriguez (D-El Paso): Notification of enrollment opportunities

SB 139 specifically addresses the aforementioned 8.5% cap on enrollment in special education by requiring TEA to develop a notice regarding the elimination of the arbitrary limit. The notice must also include the rights of children under state and federal law and how parents and guardians can initiate referral and evaluation for special education services.

HB 111 by Rep. Mary Gonzalez (D-Clint): Trafficking, abuse, and maltreatment training

As part of their district improvement plan, school districts are required to adopt and implement a policy on sexual abuse, sex trafficking, and other maltreatment of children. Districts must incorporate methods to increase awareness of these issues by providing training for new and existing employees on prevention techniques and the recognition of sexual abuse, sex trafficking, and other maltreatment of students. HB 111 specifically adds that the training should also include prevention and recognition for students with significant cognitive disabilities. HB 111 became effective immediately.

HB 165 by Rep. Diego Bernal (D-San Antonio): High school endorsements

Effective immediately, HB 165 allows students receiving special education services to earn high school endorsements on their transcripts if they complete, with or without modification, the foundation high school curriculum requirements and the additional endorsement curriculum requirements. Under previous law, a student receiving special education services was unable to earn an endorsement by virtue of being enrolled in a modified curriculum. This prevented the student from earning a Distinguished Level of Achievement upon graduation, which is an eligibility requirement for automatic admission to a public institution of higher education in Texas.

SB 522 by Sen. Judith Zaffirini (D-Laredo): Services for students with visual impairments

SB 522 aims to improve the educational services provided to students with a visual impairment by aligning the terminology in state law with federal law regarding these students. Additionally, the individualized education plan (IEP) for students with a visual impairment must now include instruction in braille and the use of braille unless the student’s admission, review, and dismissal (ARD) committee determines that a different form of instruction is more appropriate. Under SB 522, instruction in braille must be provided by a teacher certified to teach students with visual impairments. This law became effective immediately.

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park): Prohibiting aversive disciplinary techniques

SB 712 and HB 3630 by are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.


See the TEA’s “HB 3 in 30” video on special education for additional detail on legislative changes. For more information on the issues featured in our “New School Year, New Laws” series, be sure to check out “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” in which ATPE’s attorneys provide a comprehensive look at new education laws passed in 2019. Join us next Monday here on Teach the Vote to read about legislative changes regarding professional opportunities for educators.

New School Year, New Laws: Student Discipline

As you re-enter the school building this year, it will be important to know how the more than 80 bills passed during the recent Texas legislative session will impact you and your students. Besides the obvious – the high-profile House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) offering many schools and educators additional funding and a potential salary bump – there were a number of other bills passed in 2019 that will affect areas such as student discipline, charter schools, safety, and testing.

ATPE’s lobbyists will be here on Teach the Vote blogging about major bills in these areas every Monday over the next few weeks as part of our “New School Year, New Laws” series. This week, we will discuss changes you will see in your school due to new discipline-related legislation.

Senate Bill (SB) 2432: Student behavior towards teachers

SB 2432 by Sen. Larry Taylor (R-Friendswood) allows for students who harass teachers to be removed to a Disciplinary Alternative Education Program (DAEP). Harassment is defined in Section 42.07 of the Texas Penal Code in several ways, each with an overall intent to harass, annoy, alarm, abuse, torment, or embarrass another. This bill takes effect on Sept. 1, 2019.

SB 712/HB 3630: Prohibiting aversive techniques on students

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park) are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.

HB 692: Suspension of students who are homeless

HB 692 by Rep. James White (R-Hillister) prohibits a school district or charter school from placing a student who is homeless in out-of-school suspension, with certain exceptions for serious offenses. The bill allows the campus behavior coordinator to work with the district’s homeless liaison to help identify alternatives to out-of-school suspension for students who are homeless. This bill was also effective immediately upon passage.

HB 811: Discipline of students who are homeless

HB 811, also by Rep. White (R-Hillister), requires a school district board of trustees to include in their code of conduct certain provisions relative to students who may be homeless. Specifically, when determining student suspension, expulsion, or removal to a DAEP or Juvenile Justice Alternative Education Program (JJAEP), consideration shall be given to whether a student is in the conservatorship of the Department of Family and Protective Services (DFPS) or is homeless. This bill was effective immediately upon passage.

It is important for educators to know how this legislation will impact their rights as educators, their classroom practice, and their students’ rights. Please see the recently released To The Administrator Addressed correspondence from the Texas Education Agency (TEA) for more legislative changes affecting student discipline.


Be sure to watch for a new Teach the Vote blog post next week on more changes coming to your school as a result of the 2019 Texas legislative session.