Tag Archives: special education

86th Legislative Session Highlights from ATPE

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

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

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

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


School Finance:

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

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

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

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

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

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

[Return to Index]

Educator Pay: 

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

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

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

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

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

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

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

[Return to Index]

Teacher Retirement System (TRS):

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

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

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

[Return to Index]

School Safety and Student Health: 

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

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

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

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

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

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

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

[Return to Index]

Student Testing:

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

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

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

[Return to Index]

Special Education:

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

To invigorate everyone even more, news broke just before session that our state faced penalties from ED due to the Texas Education Agency’s failure to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than in the year before, and thus, Texas was being assessed a $33.3 million financial penalty by ED. Unfortunately, the state has continued this trend, and it is now estimated that the federal penalty will reach $233 million.

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

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

[Return to Index]

Payroll Deduction:

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

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

[Return to Index]

Class Sizes:

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

[Return to Index]

Private School Vouchers:

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

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

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

[Return to Index]

Charter Schools:

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

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

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

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

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

[Return to Index]

Student Discipline:

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

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

[Return to Index]

School Turnaround:

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

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

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

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

[Return to Index]

Political Speech:

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

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

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

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

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

[Return to Index]

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

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


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

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

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


Senate Education Committee meeting, May 14, 2019.

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

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

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


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

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

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


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

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

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

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


Senate Education Committee wraps up regular hearings

The Senate Education Committee met Thursday, May 16, to hold what is expected to be its last meeting to consider new legislation. The committee will continue to hold formal meetings as necessary for the sole purpose of voting out bills that have already been heard. Members heard testimony on the following bills:

  • HB 961, which would require that school districts and charters that employ a school nurse place the nurse on the concussion oversight team upon the nurse’s request. Nurses on these teams must then take a concussions training course every two years to be on the team.
  • HB 2778, which would update the local bracket to a joint election agreement in Rep. Tracy King’s (D-Batesville) district regarding election expenses.
  • HB 2818, which would remove the requirement that an online dropout recovery program establish satisfactory requirements for monthly progress. The bill states that online dropout recovery programs are not subject to minutes of instructions and calculations of average daily attendance (ADA) and would create new requirements for how ADA will be calculated.
  • HB 3012, which would require that school districts provide students an alternative means of instruction for the classes the student misses while in in-school suspension (ISS) or out-of-school suspension (OSS). The bill states that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to apply only to core courses.
  • HB 3650, which would require the district and institution of higher education to consider the use of free or low-cost open educational resources in courses offered under an agreement to provide a dual credit program to high school students.
  • HB 496, which would require school districts and charters to develop and implement a bleeding control kit program. The version passed by the House incorporates changes ATPE recommended to strengthen educators’ immunity from liability.
  • HB 663, which would require the State Board of Education (SBOE) to review and revise the Texas essential knowledge and skills (TEKS) for the foundation curriculum.
  • HB 769, which would require a school board to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 974, which would change the cycle of the safety and security audit to two years from three and require districts to check the ID of a person who is coming to the school for a non-public event. Current law leaves checking IDs for non-public events up to districts.
  • HB 1388, which adds indicators of post-secondary readiness to the accountability system. In the student achievement domain, for high school campuses and districts with high school campuses, the bill provides for a measure of students (rather than a percentage of students) who successfully complete an SBOE-approved practicum or internship and students who successfully complete a coherent CTE sequence. ATPE supports this bill.
  • HB 1906, which would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. This bill was amended on the House floor to add a section on evaluating specialized support campuses. For a campus in which at least 90 percent of students receive special education services, the bill would require the commissioner, in consultation with administrators, teachers, parents, and guardians, by rule to establish accountability guidelines for a specialized support campus in developing an alternative accountability program.
  • HB 2184, which would create collaborative policies for improving a student’s transition from an alternative education setting back to the regular classroom. A committee substitute for the bill clarifies that teachers who implement the transition plan are included on the planning committee. ATPE supports this bill.
  • HB 2511, which would require campus improvement plans to include goals and methods for bullying prevention and dropout deterrence, including providing teacher continuing education and materials or training for parents. ATPE supports this bill.
  • HB 3435, which would establish March 1 as Texas Girls in STEM Day.
  • HB 3511, which would create a commission on the Texas workforce of the future. The commission would be established to engage business, state agencies, and local workforce system partners in the efforts of state and local authorities to build the state’s workforce talent pipeline, which includes providing data regarding college and career readiness, workforce credentials, and degree programs. The commission would be required to make recommendations to the legislature, including statutory changes, in order to improve alignment between workforce stakeholders and public schools and higher education, expanding the adult high school and industry certification charter school program, and encourage long-term collaboration between public education, higher education, and industry.
  • HB 3630, which would prohibit a teacher from using “aversive techniques” on a student with a disability receiving special education services.
  • HB 3884, which would transfer duties relating to providing bacterial meningitis information from TEA to the Department of State Health Services. The bill repeals a section of law referring to TEA’s duty to consult with the Texas Department of Health in prescribing the content of information given to students and to establish an advisory committee.
  • HB 4258, which would transfer bond approval for charter schools to the attorney general and requires approval if the guidelines are met.
  • HB 4388, which would require SBOE and the School Land Board (SLB) to share investment information with each other and require SLB to contribute to a newly-created liquid permanent school fund (PSF) account over which the SBOE would have control.

The Senate Education Committee also adopted a committee substitute for HB 3906 today that included the language from the Senate’s version of HB 3 that deals with the STAAR test. This includes provisions that would consolidate reading and writing exams in grades four and eight, cap multiple choice questions, and allow the STAAR to be split over multiple days, among others. Chairman Larry Taylor (R-Friendswood) explained that this language would be coming out of HB 3, which is currently in a conference committee to work out differences between the House and Senate versions, in order to address the topic in a separate, standalone bill like HB 3906.

The committee also voted to advance the following bills to the full Senate:

  • HB 496, which was heard earlier in the day. Sens. Paul Bettencourt (R-Houston) and Bob Hall (R-Edgewood) voted against the bill.
  • HB 548, which would require that districts and charters report through the public education information management system (PEIMS) various truancy information, including students subject to compulsory attendance requirements, children who fail to enroll or fail to attend without an excuse for 10 or more days within a six-month period, etc.
  • HB 680, which would require the Texas Education Agency (TEA) to coordinate with the Texas Workforce Commissioner (TWC) on efforts to improve pre-K quality, and assign a PEIMS number to track children under age six enrolled in the commission’s child care program. The bill would allow local workforce development boards to contract with area child care providers to provide subsidized child care services. Sens. Bettencourt, Hall, and Bryan Hughes (R-Mineola) voted against the bill.
  • HB 769, which was heard earlier in the day.
  • HB 961, which was heard earlier in the day.
  • HB 1051, which would continue the Excel Goodwill Charter. ATPE supports this bill.
  • HB 1131, which would create the “Texas Public Finance Authority” to act as a paying agent under current law for the guarantee and payment of bonds. School districts would also be able to borrow money from the new authority. Sens. Bettencourt, Hall, and Angela Paxton (R-McKinney) voted against the bill. Sen. Royce West (D-Dallas) registered as present, not voting.
  • HB 2184, which was heard earlier in the day.
  • HB 2210, which states that students who receive residential services in a state hospital will not be considered in the accountability rating of the district or campus that the hospital is located in if their parent does not reside in the district. ATPE supports this bill.
  • HB 2778, which was heard earlier in the day.
  • HB 3012, which was heard earlier in the day.
  • HB 3435, which was heard earlier in the day.
  • HB 3511, which was heard earlier in the day. Sen. Hall voted against the bill. Sens. Bettencourt and Hughes registered as present, not voting.
  • HB 3630, which was heard earlier in the day.
  • HB 3650, which was heard earlier in the day.
  • HB 3884, which was heard earlier in the day.
  • HB 4205, which would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. This bill was amended on the House floor to include ACE campus turnaround language. ATPE opposes this bill because it would create a statewide campus turnaround plan that includes elements that could tie a teacher’s evaluation to student test scores.
  • HB 4258, which was heard earlier in the day. Sen. West registered as present, not voting.
  • HB 4310, which would require districts to allow teachers sufficient time to teach a given curriculum and states that districts may not penalize a teacher for failing to follow the scope and sequence timeline if the teacher determines that the students need more learning time.
  • HB 4388, which was heard earlier in the day.
  • HB 663, which was heard earlier in the day.
  • HB 3906, which was heard earlier in the day.
  • HB 974, which was heard earlier in the day.
  • HB 4342, which would change the composition of the board of directors of the Texas School Safety Center to include a professional architect and three rather than two members of the public.
  • HB 76, which would allow parents the option of participating in an echocardiogram (ECG) or electrocardiogram (EKG) screening program for any student participating in a University Interscholastic League (UIL) activity that currently requires a physical examination. School districts would be required to provide information about the availability of the tests and would able to partner with a nonprofit to provide the service or could pay for the service themselves. Sens. Bettencourt, Donna Campbell (R-New Braunfels), Pat Fallon (R-Prosper), and Hall voted against the bill.

Senate Education Committee continues work on House bills

Senate Education Committee, May 14, 2019

The Senate Education Committee met Tuesday, May 14, 2019, to continue working on bills that have already been passed by the Texas House. At this point in the session, there are only eight days left for bills to be passed by the full Senate, which means that the committee’s work will be winding down very soon.

Senate Education Committee members heard testimony this morning on the following House bills that are still making their way through the legislative process:

  • HB 548 would require that districts and charters report through the public education information management system (PEIMS) various truancy information, including students subject to compulsory attendance requirements, children who fail to enroll or fail to attend without an excuse for 10 or more days within a six-month period, etc.
  • HB 680 would require the Texas Education Agency (TEA) to coordinate with the Texas Workforce Commissioner (TWC) on efforts to improve pre-K quality, and assign a PEIMS number to track children under age six enrolled in the commission’s child care program. The bill would allow local workforce development boards to contract with area child care providers to provide subsidized child care services.
  • HB 1051 would continue the Excel Goodwill Charter. ATPE supports this bill.
  • HB 1131 would create the “Texas Public Finance Authority” to act as a paying agent under current law for the guarantee and payment of bonds. School districts would also be able to borrow money from the new authority.
  • HB 1182 would require completion of a personal financial literacy course in order to graduate.
  • HB 2210 states that students who receive residential services in a state hospital will not be considered in the accountability rating of the district or campus that the hospital is located in if their parent does not reside in the district. ATPE supports this bill.
  • HB 2983 would reduce the number of state-administered assessments and create new contingencies for students who do not achieve satisfactory adjusted scaled scores, as determined by TEA. ATPE supports this bill.
  • HB 3904 is the accountability system cleanup bill and would make a number of substantial changes. A strategic staffing component was removed from the bill based upon concerns raised by multiple educator groups, including ATPE, on how this component would link teacher performance to student test scores. ATPE supports this bill in its current form.
  • HB 3906 would change references to “reading” in the Texas Education Code to say “language arts.” It would eliminate writing tests in grades 4 and 7, but add writing to the annual language arts tests. The bill includes provisions to accommodate a writing pilot and would allow assessments to be administered in multiple parts over more than one day. ATPE supports this bill.
  • HB 4310 would require districts to allow teachers sufficient time to teach a given curriculum and states that districts may not penalize a teacher for failing to follow the scope and sequence timeline if the teacher determines that the students need more learning time.
  • HB 4342 would change the composition of the board of directors of the Texas School Safety Center to include a professional architect and three rather than two members of the public.

The Senate Education committee also voted to advance the following pending bills to the full Senate:

  • HB 165 would increase equity and the ability of special education students to receive high school endorsements. ATPE supports this bill.
  • HB 330 would allow districts to exclude from their reported dropout and completion rates students who have suffered a condition, injury, or illness that requires substantial medical care and leaves the student unable to attend school. ATPE supports this bill.
  • HB 391 would require a school district or charter school to provide instructional materials in printed book format if the student does not have reliable access to technology at home, at parental request. Parent requests must be documented and included in an annual TEA report to the legislature. Sen. Beverly Powell (D-Burleson) offered a new committee substitute that would decrease the reporting requirements on districts and TEA.
  • HB 396 would allow the instructional materials and technology allotment (IMTA) to be used for inventory software or systems for storing and accessing instructional materials and also for freight, shipping, and insurance.
  • HB 455 would require TEA to develop a model policy on recess that encourages age-appropriate outdoor physical activities. ATPE supports this bill.
  • HB 678 would allow American Sign Language to count for the graduation requirement of a language other than English.
  • HB 1026 would require the State Board of Education (SBOE) to integrate “positive character traits” into the Texas Essential Knowledge and Skills (TEKS).
  • HB 1244 as filed would eliminate the U.S. History end-of-course (EOC) exam and create an electronic civics test that contains all questions on the U.S. citizenship test in multiple-choice format as a requirement for graduation. In the previous meeting, Sen. Donna Campbell (R-New Braunfels) substituted language from SB 1777, which simply requires the current U.S. History EOC to include 10 questions from the citizenship test.
  • HB 2190 would allow a charter located in Corpus Christi to admit a child of a school employee. Sen. Powell offered a new committee substitute that would eliminate the localized bracket and allow any charter school employees around the state to enroll their children.
  • HB 2424 would require the State Board for Educator Certification (SBEC) to propose rules to establish and issue micro-credentials for educators. The agency would approve continuing professional education (CPE) providers to offer micro-credential courses. ATPE supports this bill.
  • HB 3007 would require TEA to provide districts with all source data used in computing their accountability ratings.
  • HB 963 would add technology applications courses to the career and technical education (CTE) allotment, so that students in those courses would receive the same weighted funding as students in CTE courses.
  • HB 1480 would create an accelerated learning committee (ALC) for students who do not perform satisfactorily on third, fifth, or eighth grade reading or math assessments. The bill would allow accelerated instruction to be provided to the student in the following year. The ALC would develop an educational plan for the student. ATPE supports this bill.
  • HB 2984 would require the SBOE to add TEKS to the technology applications curriculum related to coding, computer programming, computational thinking, and cybersecurity.

Senate Education Committee continues hearing House bills

The Senate Education Committee met Thursday morning, May 9, to hear another docket full of bills that have already passed the House. Committee members heard testimony on the following items:

Senate Education Committee meeting May 9, 2019.

  • HB 76, which would allow parents the option of participating in an echocardiogram (ECG) or electrocardiogram (EKG) screening program for any student participating in a University Interscholastic League (UIL) activity that currently requires a physical examination. School districts would be required to provide information about the availability of the tests and would able to partner with a nonprofit to provide the service or could pay for the service themselves.
  • HB 165, which would increase equity and the ability of special education students to receive high school endorsements. ATPE supports this bill.
  • HB 330, which would allow districts to exclude from their reported dropout and completion rates students who have suffered a condition, injury, or illness that requires substantial medical care and leaves the student unable to attend school. ATPE supports this bill.
  • HB 391, which would require a school district or charter school to provide instructional materials in printed book format if the student does not have reliable access to technology at home, at parental request. Parent requests must be documented and included in an annual TEA report to the legislature.
  • HB 396, which would allow the instructional materials and technology allotment (IMTA) to be used for inventory software or systems for storing and accessing instructional materials and also for freight, shipping, and insurance.
  • HB 455, which would require the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. ATPE supports this bill.
  • HB 678, which would allow American Sign Language to count for the graduation requirement of a language other than English.
  • HB 963, which would add technology applications courses to the career and technical education (CTE) allotment, so that students in those courses would receive the same weighted funding as students in CTE courses.
  • HB 1026, which would require the State Board of Education (SBOE) to integrate “positive character traits” into the Texas Essential Knowledge and Skills (TEKS).
  • HB 1480, which would create an accelerated learning committee (ALC) for students who do not perform satisfactorily on third, fifth, or eighth grade reading or math assessments. The bill would allow accelerated instruction to be provided to the student in the following year. The ALC would develop an educational plan for the student and provide assistance to student. ATPE supports this bill.
  • HB 2190, which would allows a charter located in Corpus Christi to admit a child of a school employee.
  • HB 2424, which would require the State Board for Educator Certification (SBEC) to propose rules to establish and issue micro-credentials for educators. The agency would approve continuing professional education (CPE) providers to offer micro-credential courses. ATPE supports this bill.
  • HB 2984, which would require the SBOE to add TEKS to the technology applications curriculum related to coding, computer programming, computational thinking, and cybersecurity.
  • HB 3007, which would require TEA to provide districts with all source data that was used in computing their accountability ratings.
  • HB 4205, which would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter.
  • HB 1244, which would eliminate the U.S. History end-of-course (EOC) exam and create an electronic civics test that contains all questions on the U.S. citizenship test in multiple-choice format as a requirement for graduation. Sen. Donna Campbell (R-New Braunfels) substituted language from SB 1777, which simply requires the current U.S. History EOC to include 10 questions from the citizenship test.

The committee also voted to advance the following bills:

  • HB 18, which is an omnibus school mental health bill that would include evidence based practices to address the achievement of certain student groups, and encourage positive behavior interventions and support, such as grief informed and trauma informed care. The bill calls for implementation of comprehensive school counselling services and adds detail to the training required of school counselors. Sens. Paul Bettencourt (R-Houston), Pat Fallon (R-Prosper), Bob Hall (R-Edgewood), and Bryan Hughes (R-Mineola) voted against the bill.
  • HB 65, which would require districts to report information on out-of-school suspensions.
  • HB 109, which would allow charter schools to have a holiday on Memorial Day. ATPE supports this bill.
  • HB 111, which would create educator training requirements on recognizing the abuse and maltreatment of students with severe cognitive disabilities. ATPE supports this bill.
  • HB 674, which would require that regional education service centers gather information from districts and report on which state mandates districts report are burdensome and expensive. The House committee substitute for this bill eliminated reporting on federal mandates.
  • HB 906, which would create a “collaborative task force on public school mental health services” charged with studying current practices, training, and impact. The task force would include parents, administrators, institutions of higher education, and foundation people, but not necessarily educators. The task force would have broad power to request information from school districts.
  • HB 1597, which would allow a student whose parent or guardian is active-duty military to establish residency for the purpose of admission to public schools. The bill would make charters subject to law.
  • HB 1734, which would strengthen the law requiring a school district that has successfully sued because a contractor did a poor job to use the settlement to fix the building and pay the state its required portion of the settlement. The bill would allow the attorney general to fine a district that does not spend the money as required.
  • SB 2312, which would subject Harris County Schools to a Sunset review, but without the option to abolish the agency.

House Public Education Committee hears Senate bills for the first time this session

On Tuesday, April 30, 2019, the House Public Education Committee heard, for the first time, bills sent down from the upper chamber. The Senate bills heard were those that did not have a companion (a similar or identical) House bill. Seven bills were on the agenda, covering topics from opioid addiction and abuse in schools to military-connected students.

ATPE registered support for the following bills heard today:

  • SB 1451 (Taylor, R-Friendswood): Would prohibit a teacher from being assigned an area of deficiency in an appraisal solely on the basis of disciplinary referrals or documentation of student conduct. The bill also prohibits a district from disciplining a teacher for documenting bad student behavior.
  • SB 2432 (Taylor, R-Friendswood): Would allow for the disciplinary removal of a student who “engages in conduct that contains the elements of the offense of harassment” against a school employee. This includes harassment of teachers and threats made by students to inflict harm.

The following bills were also heard by the committee:

  • SB 54 (Zaffirini, D-Laredo): Would require the Texas Education Agency (TEA) to conduct a study on how to appropriately evaluate students who spend at least 50% of their instructional day in a regional day school for the deaf.
  • SB 372 (Campbell, R-New Braunfels): Would allow the governing board of a charter to employ security personnel and enter into memoranda of understanding (MOUs) with law enforcement to have school resource officers (SROs).
  • SB 435 (Nelson, R-Flower Mound): Would add a duty to local school advisory health committees (SHACs) to recommend appropriate grade levels and curriculum for instruction regarding opioid addiction and abuse and methods of administering an opioid antagonist (a substance that would inhibit or interfere with the effects of an opioid).
  • SB 522 (Zaffirini, D-Laredo): Would replace the term “functionally blind” with wording from the federal Individuals with Disabilities Education Act (IDEA). Would specify that an individualized education plan (IEP) for a student with visual impairment is required to provide instruction in braille if deemed appropriate by the student’s IEP team, based on an evaluation of their proficiency in relevant skills and their instructional needs.
  • SB 1557 (Lucio, D-Brownsville): Would establish the Purple Star Campus program, which would recognize campuses that develop practices and programs catering to military-connected students.

The House Public Education committee plans to meet again to hear more Senate bills that don’t have House companions next Tuesday, May 7, 2019 at 8 A.M. Furthermore, the Committee will likely vote out Senate bills at some point this week, potentially as early as today. Stay tuned to Teach the Vote for legislative updates.

Teach the Vote’s Week in Review: April 26, 2019

We’re down to the last 30 days of the legislative session, and the action is heating up. Here’s a look at this week’s headlines from ATPE Governmental Relations:


After a couple weeks of anticipation and delays, the Senate Education Committee held a public hearing Thursday on the major school finance legislation being considered this session.

Sen. Larry Taylor explains his school finance proposal to the Senate Education Committee on April 25, 2019.

Chairman Larry Taylor (R-Friendswood) jointly heard both his version of Senate Bill (SB) 4 and House Bill (HB) 3 by House Public Education Committee Chairman, Rep. Dan Huberty (R-Kingwood), taking testimony on the two bills together. Sen. Taylor shared newly proposed Senate substitute language for the bill, which differs from the ATPE-supported version of the bill that the full House passed almost unanimously. We expect the committee to add the new Senate language into HB 3 as a committee substitute and move it on to the full Senate. For now, HB 3 was left pending and may be put for a committee vote later next week, according to Chairman Taylor.

ATPE Member Stephanie Stoebe testifying before the Senate Education Committee, April 25, 2019

The Senate’s version of the school finance bill calls for a pay raise for classroom teachers and librarians, similar to SB 3, and includes several positive programs that would increase funding for students with the greatest needs. Unfortunately, the Senate bill also includes a controversial merit pay plan and would require school districts to share teacher evaluations with the Texas Education Agency (TEA) for purposes of a statewide ranking of teachers by the commissioner of education. ATPE Governmental Relations Director Jennifer Mitchell testified neutrally on the bill raising asking the merit pay proposal to be removed and suggesting that the money could be used instead for programs in high-needs campuses or for locally developed differentiated pay programs that offer more flexibility for school districts. ATPE member and former Texas Teacher of the Year Stephanie Stoebe also testified during the hearing.

Read more about Thursday’s HB 3/SB 4 hearing and the other bills heard during this hearing can be found and here and here, including ATPE’s written testimony on the bill.

ATPE is urging educators to keep contacting their senators about HB 3, urging them to keep problematic merit pay language out of the bill and approve additional funding for public schools. ATPE members can visit Advocacy Central to quickly and easily send a message to their senators.

The Senate Education Committee also met on Tuesday of this week, hearing 16 bills and voting to advance several more to the full Senate. One of the bills heard was SB 139 by Sen. Jose Rodriguez (D-El Paso), which ATPE supports. In the wake of the federal government’s finding that the state of Texas had denied special education services to students, SB 139 deals with letting parents know about the right to have their children evaluated for special education. The bill also calls for using federal funds to reimburse school districts for any increases in the number of evaluations.

Read more about the bills heard during Tuesday’s Senate Education Committee hearing in this blog post by ATPE Lobbyist Mark Wiggins.


House Public Education Committee hearing, April 23, 2019

The House Public Education Committee met Tuesday to hear a plethora of bills as end-of-session deadlines are nearing. May 6, 2019, is the last day that House committees can report out House bills to keep them alive in the legislative process.

ATPE Lobbyist Andrea Chevalier was on hand at Tuesday’s hearing to register support for many of those bills, including House Bill (HB) 1763 by Rep. Cesar Blanco (D-El Paso) that would make the children of educators eligible for that district’s free pre-kindergarten program. A similar provision has been included in the Senate’s school finance bill discussed above. ATPE also supported HB 4030 by Rep. Alex Dominguez (D-Brownsville) that would provide funding for school districts to have a least one ability inclusive playground in their district.

ATPE provided written testimony against HB 3623 by Rep. Matt Schaefer (R-Tyler), which would require that teachers on continuing contracts meet a “growth standard” in order to keep their jobs. The committee also heard several other bills that have not yet been voted out. For more information on Tuesday’s hearing, check out this blog post.

On Wednesday, the committee met briefly for the purpose of taking votes on another two dozen bills. The House Public Education Committee will meet again on Tuesday, April 30, to begin hearing Senate bills.


ELECTION UPDATE: The deadline for early voting in the May 4th election is Tuesday, April 30.

This uniform election day is reserved for municipalities and local political subdivisions like school districts to place measures such as bonds on the ballot or to fill vacancies in local offices. Contact your county clerk to find more information on what measures, if any, will be on your ballot locally.

ATPE encourages educators to vote in every election! Find more election information at VoteTexas.gov.


Today, the State Board for Educator Certification (SBEC) is meeting in Austin to consider several important items. ATPE Lobbyist Andrea Chevalier is attending the meeting and provided the following update.

Today’s SBEC agenda includes a vote to begin the pilot phase of a replacement pedagogy test called EdTPA. Educator preparation programs including those at the University of Texas at Austin, Baylor University, Texas Women’s University, Sam Houston State University and alternative and post-baccalaureate programs overwhelmingly opposed EdTPA, citing concerns with the increased cost to candidates ($281) and data and validity concerns with the two-year pilot. Those who support EdTPA testified that teachers must be better prepared and that using a more authentic assessment to spur change in EPPs is a viable route for accomplishing this.

The board also voted to finalize details for the new “Principal as Instructional Leader” certificate and discussed changes to special education certification, which would break the certification into three to four more focused certifications based on student age and disability level.

Watch for a more detailed report on today’s SBEC meeting later on our Teach the Vote blog.


The Teacher Retirement System (TRS) board voted this week to approve next year’s premiums for TRS-ActiveCare. Rates will be increasing by 3.9 percent on average. Read more details on the rate change in this blog post from ATPE Senior Lobbyist Monty Exter, who attended the board’s meetings this week.


This week the full House voted almost unanimously to approve a bill to increase state contributions to the TRS pension fund. SB 12 by Sen. Joan Huffman (R-Houston), sponsored in the House by Rep. Greg Bonnen (R-Friendswood), received final House approval on Thursday. The House substituted its own language – taken from Rep. Bonnen’s HB 9 – into SB 12 before approving it. The House floor vote was 145 to 1, with Rep. Jonathan Stickland (R-Bedford) casting the only vote against the bill. The bill will now head back to the Senate where it most likely will be referred to a conference committee.

The House proposal raises the rate of the state’s contribution into TRS without raising rates for individual educators or school districts. It also offers retirees with a larger 13th check, capped at $2,400, compared to the Senate’s original version of SB 12 called for capping the payment at $500.


House Public Education Committee hears 31 bills on playgrounds, pre-K, and more

House Public Education Committee meeting, April 23, 2019

On Tuesday, April 23, 2019, the House Public Education Committee heard 31 bills relating to a variety of topics, including the use of school counselors’ time, special education evaluation notices, the role of the fine arts curriculum, and creating inclusive playgrounds that are accessible to all students.

ATPE supported several bills considered at the hearing, including:

  • House Bill (HB) 142 (Moody, D-El Paso): Would require TEA to develop a notice for distribution and internet posting that includes reporting changes for special education indicators and the rights of children to special education evaluation. Would also require districts to include additional information on the notice about initiating a referral for special education services. Rep. Moody stated that there is money set aside in the proposed state budget to accomplish the goals of his bill.
  • HB 727 (Gonzalez, M., D-Clint): Would require that school boards adopt a policy requiring school counselors to spend at least 80% of their time on core counseling duties. If the district can’t meet this requirement, the policy must include reasons why, duties the counselor will have to do, and set the actual percentage in the policy.
  • HB 1763 (Blanco, D-El Paso): Would add children of educators employed by school districts to the eligibility list for free pre-kindergarten.
  • HB 4030 (Dominguez, D-Brownsville): Would provide funding for school districts to provide at least one playground in the district that is inclusive and accessible for students with disabilities.
  • HB 4414 (Allison, R-San Antonio): Would require TEA to develop a rubric for Regional Education Service Centers (ESCs) to use for identifying resources related to student mental health. ESCs would be required to use the rubric and report back to TEA. TEA would also have to create a statewide inventory of mental health resources and a statewide plan for student mental health.

During Tuesday’s hearing, ATPE also provided written testimony against HB 3623 by Rep. Matt Schaefer. The bill would affect teachers employed under continuing contracts, making them eligible to stay in their jobs only if the majority of their students meet a “minimum growth standard” to be determined by the district and approved by the Commissioner. ATPE testified that HB 3623’s reliance on an unspecified “minimum growth standard” hints at the use of value-added modeling (VAM), which has been widely criticized as a tool that improperly uses students’ standardized test scores for high-stakes purposes. ATPE also pointed out that many teachers do not teach tested subjects or grades. ATPE’s testimony also questioned what the due process protections would be for affected teachers whose students do not meet the standard. In the hearing, Rep. Schaefer faced questions from Reps. Allen, Gonzalez, and Talarico on the vagueness of what “growth” means in the bill and on the importance of other non-academic factors. Read ATPE’s written testimony on HB 3623 here.

The following bills were also heard by the House Public Education Committee on Tuesday:

  • HB 535 (Neave, D-Dallas): Would require students to complete the Free Application for Federal Student Aid (FAFSA) or Texas Application for State Financial Aid (TAFSA), in order to graduate, with some exceptions. Rep. Neave noted that this was recommendation #27 in the Texas Commission on Public School Finance final report issued last year.
  • HB 2217 (Raymond, D-Laredo): Would provide that school boards do not have to hear complaints concerning parent participation in extracurricular activities that do not involve a violation of a right.
  • HB 2526 (Leach, R-Plano): Would enable students whose parent(s) reside within the school district to be granted automatic admission. Rep. Leach shared that this bill would fix the predicament of his constituent who had the district boundary line in her backyard.
  • HB 3005 (Talarico, D-Round Rock): Would open college preparatory math and English language arts courses to 11th graders who demonstrate that they would otherwise be unable to take it in their 12th grade year and complete the requirements for high school graduation. Rep. Talarico said the bill was requested by Pflugerville ISD.
  • HB 3025 (Talarico, D-Round Rock): Would allow districts or schools to provide parents with a facilitated meeting with the school counselor regarding accepting or declining a special education evaluation on behalf of the student, should the parent dispute the referral. Rep. Talarico said this bill was brought to him by special education advocates.
  • HB 3026 (Talarico, D-Round Rock): Would require that school districts with 400 or more students have a ratio of 400:1 students to behavioral health professionals (which includes school counselors, licensed specialists in school psychology, social workers, and licensed professional counselors). The bill also outlines duties of the mental health professional within the school setting.
  • HB 3153 (Raymond, D-Laredo): Would allow a nepotism exception for a teacher in a subject or geographic area certified as a critical shortage area.
  • HB 3179 (Stucky, R-Denton): Would require the Commissioner to adopt rules to allow districts to submit information in the Public Education Information Management System (PEIMS) on the cost of assessments, including administration, participation, preparation, and training.
  • HB 3316 (White, R-Hillister): Would expand the campus crime stoppers program by adding school districts and charters to the entities that a crime stoppers organization reports to, as well as adding threats to public safety or an individual to the activities that the crime stoppers report on. This bill would also add a student advisory member to the program.
  • HB 3344 (Bucy, D-Austin): Would add fine arts to the required foundation curriculum. Rep. Bucy stated that students in fine arts have better educational outcomes.
  • HB 3452 (Dutton, D-Houston): Would require the Commissioner to evaluate all dropout recovery schools under the alternative education accountability system, and to only consider performance at the level of “approaches grade level.” The “closing the gaps” domain would be used for reporting purposes only.
  • HB 3489 (Cole, D-Austin): Would require TEA to create a task force on sex-based harassment in schools to evaluate and provide recommendations and best practices, including school district professional development.
  • HB 3651 (Davis, Y., D-Dallas): Would require the Commissioner to conduct a study on the relationship between district size, cost, and academic effectiveness.
  • HB 3851 (Lang, R-Granbury): Would require the Comptroller to publish and maintain a list of unfunded mandates and report to the legislature on findings about the benefits and costs of each mandate.
  • HB 3880 (Wilson, R-Marble Falls): Would transfer the duty to develop and provide information to students about steroids from the State Board of Education (SBOE) and TEA to the Department of State Health Services Mental Health and Substance Abuse, in conjunction with the University Interscholastic League (UIL).
  • HB 3888 (Ramos, D-Richardson): Would add suicide to the conditions addressed by the school health advisory council (SHAC). Would also add require SHACs to provide strategies to increase parental awareness regarding risky behaviors, early warning signs of suicide risks, and available community programs and services to address these. The bill would require districts where at least 70% of the students are educationally disadvantaged, homeless, or in foster care to develop and implement a plan to increase parent and student knowledge of behavioral health disorders and treatment options.
  • HB 4094 (Beckley, D-Carrollton): Would require districts to make at least one attempt by phone or e-mail during each week of a student’s meal account grace period to make arrangements with the parent for payment of a negative balance and help the parent complete an application for free or reduced price lunch (FRPL). After the grace period ends, the district may allow the student to continue purchasing meals or provide alternative meals at no cost. The bill would also allow districts to pay a negative balance using donations.
  • HB 4186 (Sanford, R-McKinney): Would create the “Next Generation Commission on Digital Learning” to make recommendations for a framework for digital teaching and learning in public schools following the same structure as last year’s school finance commission.
  • HB 4302 (VanDeaver, R-New Boston): Would prohibit issuance of subpoenas for audio/video surveillance of special education settings unless they meet under Texas Education Code (TEC) Section 29.022. Rep. VanDeaver cited a case  in which video was subpoenaed to observe the “educational record” of a student that did not involve complaints of abuse or neglect. Only cases of abuse or neglect were the focus of the original intent of the video camera law enacted in 2015.
  • HB 4313 (Dominguez, D-Brownsville): Would require the UIL to create an adaptive sports program for students with disabilities.
  • HB 4324 (VanDeaver, R-New Boston): Would allow the Commissioners of both TEA and the Texas Higher Education Coordinating Board (THECB) to approve a format of electronic submission of student records, such as the Texas Records Exchange (TREx), that allows for the transfer and efficient and effective extraction of data elements from student transcripts.
  • HB 4383 (Bohac, R-Houston): Would require school districts and charters to prepare a list of instructional materials provided to students that cover each Texas Essential Knowledge and Skills (TEKS) element. This list would be part of an existing annual certification that each district and charter school must submit to the SBOE and Commissioner.
  • HB 4578 (Gervin-Hawkins, R-San Antonio): Would require the SBOE, TEA, and stakeholders to enter into a memorandum of understanding on the development of culturally inclusive instruction.
  • HB 4589 and HJR 150 (Anchia, D-San Antonio): Would add a “global competitiveness” objective to the public education mission in the Texas Constitution by stating that students will earn a post-secondary credential after high school. This bill would also require that each legislature establish standards that public schools must satisfy and align then with the state’s “60×30” plan, which provides that by 2030, at least 60 percent of Texans ages 25-34 will hold a certificate or degree.

At the end of Tuesday’s House Public Education Committee hearing, Chairman Huberty announced that the committee will meet again on Wednesday afternoon, April 24, to vote on pending bills that have already been heard. He added that next week the committee will meet to hear mainly Senate bills that have made their way over to the House and been referred to House Public Education. Up to this point, the committee has not yet heard any public testimony on Senate bills, so stay tuned!

Senate Education Committee discusses special education rights recovery

Senate Education Committee meeting, April 23, 2019.

The Senate Education Committee met Tuesday, April 23, 2019, to consider another round of bills, including one addressing the recovery of special education rights. The committee also voted to advance several bills, a list of which can be found at the bottom of this post.

The committee heard testimony on Senate Bill (SB) 139 by Sen. Jose Rodriguez (D-El Paso), which would require the Texas Education Agency (TEA) to develop a notice for distribution and internet posting that includes public education information management system (PEIMS) reporting changes for special education indicators and the rights of children to special education evaluation. The bill would also require districts to include additional information on the notice about initiating a referral for special education services, and require TEA to reimburse districts using federal funds for increases in evaluations. ATPE supports this bill.

Senators also heard the following bills:

SB 232 by Sen. Jose Menendez (D-Dallas), which would require a school district to notify parents that Algebra II is not required to graduate, as well as the consequences of not completing Algebra II with regard to eligibility for automatic college admission and financial aid.

SB 293 by Sen. Eddie Lucio Jr. (D-Brownsville), which would improve educator preparation and training to better prepare teachers to serve students with disabilities. ATPE supports this bill.

SB 451 by Sen. Beverly Powell (D-Burleson), which would allow the bilingual education allotment to be used for staff salaries, not just salary supplements. ATPE supports this bill.

SB 508 by Sen. Borris Miles (D-Houston), which would require TEA to develop a statewide online education and career advising tool to assist in post-secondary planning. The bill would also create a $5 million grant program for districts and charters to reimburse companies that offer paid internships for CTE students.

SB 514 by Sen. Rodriguez, which would require a school board to adopt a written policy regarding students’ right to exercise freedom of the press at school. The bill would limit staff’s authority to control content, but would also protect staff from adverse actions if they act in defense of a student’s rights under the bill.

SB 629 by Sen. Pat Fallon (R-Prosper), which would require online publication of an enormous amount of school district financial information.

SB 869 by Sen. Judith Zaffirini (D-Laredo), which would update the guidelines on food allergies and require school boards and governing bodies of charters to update their policies on caring for students with food allergies who are at risk of anaphylaxis.

SB 1016 by Sen. Powell, which would require TEA to audit teacher professional development requirements every four years, as opposed to “periodically.” The bill would ask the agency, with input from stakeholders, to seek to eliminate any unnecessary topic-specific training requirements.

SB 1284 by Sen. Miles, which would create a competitive grant program largely for medical providers to promote early literacy.

SB 1374 by Sen. Angela Paxton (R-McKinney), which would allow concurrent enrollment in Algebra I and geometry.

SB 1600 by Sen. Bob Hall (R-Edgewood), which would require school districts to post information on their websites explaining any termination or nonrenewal of the superintendent and related severance agreements.

SB 1828 by Sen. Jose Menendez (D-San Antonio), which would require the governor designate a week as Holocaust Remembrance Week in public schools.

SB 2074 by Sen. Paxton, which outlines the ability of school districts to contract with and reimburse private employers providing career and technical education (CTE) paid internships to students using CTE funds.

SB 2283 by Sen. Donna Campbell (R-New Braunfels). Under current law, a person is ineligible to serve as a member of a school board of trustees if they have been convicted of paying for prostitution. This bill would add a felony and a Class A misdemeanor to that list.

SB 2201 by Sen. Fallon, which would term-limit trustees in districts with more than 20,000 students to three 3-year or two 4-year terms. The bill would require a district to develop one-year, three-year, and five-year plans for improving student outcomes in reading and math, with goals broken up by demographic categories including income, native language, ethnicity, and gender. The district would be required to report progress on this plan annually.

The committee voted to advance the following bills to the full Senate:

  • SB 713, which would establish a mentor teacher allotment and additional support programs for mentor teacher programs. ATPE supports this bill.
  • SB 722, which states that “the board of trustees may not make a severance payment to a superintendent in an amount greater than one year’s salary under the superintendent’s terminated contract.” Sen. Royce West (D-Dallas) voted against the bill.
  • SB 740, which would create a “Texas Public Finance Authority” empowered to loan money to districts no larger than those with 1,600 students in average daily attendance (ADA). Sen. Hall voted against the bill, and Sen. West registered himself as present and not voting.
  • SB 1133, which states that a school district may not have a business interest in an entity or own real property associated with real estate and rental and leasing; arts, entertainment, and recreation; or accommodation and food services — in other words, a water park.
  • SB 1659, which would require the School Land Board (SLB) to transfer revenue from real estate to the State Board of Education (SBOE) for permanent school fund (PSF) investment and divest and transfer most non-real estate investment assets to the SBOE.
  • SB 2117, which would allow districts that have been granted program charters by their board and have contracted with a charter to jointly operate a campus and receive district-charter funding under last session’s SB 1882.
  • SB 2293, which would make charters subject to the provision of Chapter 617, Government Code, prohibiting collective bargaining and strikes. ATPE supports this bill to create parity between the laws pertaining to charter schools and those that already apply to traditional public schools. Sens. Watson and West voted against the bill.
  • SB 1454, which would create a mechanism through which TEA could elect to transfer the remaining funds of a defunct charter to another charter holder.

Teach the Vote’s Week in Review: April 12, 2019

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


On Tuesday, April 9, the Texas Senate passed its version of the state budget for the next two years. The Senate’s substitute version of House Bill (HB) 1 received unanimous approval from the upper chamber.

Like the House, the Senate set aside $2.7 billion in the budget bill for “tax relief,” although it is yet to be determined exactly how the money will be spent to achieve that goal. The Senate also dedicated $6.3 billion to public schools, $4 billion of which is reserved for a $5,000 across-the-board pay raise for all full-time teachers and librarians through Senate Bill (SB) 3. That leaves only $2.3 billion in the Senate’s bill to try to make changes to the larger school finance system.

The Senate’s budget proposal differs from the House’s plan, which delivers more than $6 billion to school districts with instructions to spend the first 25 percent of any increase in the basic allotment, or approximately $2.4 billion, on salary increases for all non-administrative staff. While amounts of such a pay raise, if passed, would vary from district to district, the House’s plan would average out roughly to about $1,300 per full-time employee.

Next, each chamber will appoint members to a conference committee that will work out the differences between the version of HB 1 that the Senate passed this week and the version of the bill that the House passed last month. For its part, the House has already appointed its five members of the critical budget conference committee: House Appropriations Chairman Rep. John Zerwas will chair the committee, joined by Reps. Greg Bonnen, Sarah Davis, Oscar Longoria, and Armando Walle. Once the Senate appoints its conferees, negotiators will have until the session ends in late May to reach an agreement. The budget is the only bill the Texas Legislature is constitutionally required to pass, so any failure to come to an agreement within the 140-day regular session would result in legislators being called back for a 30-day special session to finish the budget.

 


The state’s ongoing difficulty in providing resources for students with disabilities continues to make headlines. On Thursday, April 11, Representative Mary González (D – Clint) and Representative Morgan Meyer (R – Highland Park) held a press conference to address Texas’s consistent underfunding for students with disabilities and lack of compliance with federal spending requirements under the Individuals with Disabilities Education Act (IDEA). ATPE and other stakeholder groups representing educators, students, and advocates for people with disabilities participated in the bipartisan press conference.

The state’s inadequate spending on students with special needs could cost Texas as much as $223 million in lost federal funding. Under the IDEA’s maintenance of financial support requirement, each state must spend at least as much on special education as it did in the previous year or face a financial penalty. Read more about the millions in penalties Texas faces here.

 


The Senate Education Committee convened twice this week to take action on bills pertaining to virtual schools and other miscellaneous items. The first meeting of the committee on Tuesday featured testimony about which entity should manage the Permanent School Fund and a discussion of school turnaround options. The committee also heard an ATPE-supported bill by the committee’s chairman, SB 1895 by Sen. Larry Taylor (R-Friendswood), that would help educators receive professional development on blended learning.

Among the legislation voted out favorably by the committee on Tuesday were two bills pertaining to virtual schools, which ATPE opposed when they were heard by the committee the previous week. The committee advanced SB 2244 by Sen. Angela Paxton (R-McKinney), which prevents school districts from charging fees for virtual classes and makes it easier to enroll in virtual schools, and SB 1455 by Sen. Larry Taylor (R-Friendswood), which also expands virtual schools. ATPE previously submitted written testimony opposing both bills and citing research that calls into question the quality and performance of existing virtual schools. The committee also voted out a number of other bills, including SB 1256 by Sen. Paul Bettencourt (R-Houston) that cleans up portions of his educator misconduct bill passed last session.

For a full recap of Tuesday’s committee meeting, check out this blog post by ATPE Lobbyist Mark Wiggins.

During the Senate committee’s second hearing on Thursday, the bills discussed were mostly unrelated to each other. ATPE supported bills including SB 426 by Sen. Eddie Lucio,. Jr. (D-Brownsville), which would ensure that counselors spend the majority of their time counselling students as opposed to being assigned other duties such as test monitoring. The committee also took action on some pending bills, including a major school safety bill. Chairman Taylor’s SB 11, which ATPE had also supported, received a favorable vote by the committee on Thursday. SB 11 follows up on recommendations of the Senate Select Committee on Violence in Schools and School Security that met during the interim last year.

More information on the bills heard and acted upon during Thursday’s hearing of the Senate Education Committee can be found in this additional blog post from ATPE’s Mark Wiggins.

On Tuesday, April 16, the Senate Education Committee is slated to meet again and is expected to hear the House’s major school finance bill, HB 3. ATPE urges educators to contact their senators about this widely support bill and keep up the momentum for passing meaningful school finance reform and an educator pay raise this session.

 


The House Public Education committee held a marathon meeting on Tuesday, hearing 38 bills that mostly pertained to charter schools. Several of the bills were aimed at regulating the expansion of charter schools and how charter schools handle student discipline, eliciting hours of public testimony. Other bills heard on Tuesday included the ATPE-supported HB 228 by Rep. Matt Krause (R-Fort Worth) that would create new eligibility standards for Districts of Innovation (DOI), and HB 1853 by Rep. Leo Pacheco (D-San Antonio), which would require charter schools to hire certified educators and protect the rights of educators. ATPE also provided neutral testimony on HB 3904 by Chairman Dan Huberty (R-Kingwood), which is considered a clean-up bill for Huberty’s HB 22 that was passed last session.

Find more information on the bills considered and passed by the House Public Education committee in this blog post by ATPE Lobbyist Andrea Chevalier. The committee will meet again on Tuesday, April 16, where it will consider a diverse agenda, including some virtual schooling bills similar to those acted upon by the Senate committee this week. Stay tuned to Teach the Vote and follow us on Twitter for updates.

 


ATPE is encouraging educators to contact their senators asking them to oppose two bills that would infringe on educators’ free speech rights and limit the ability to teach studentsSB 1569 by Sen. Pat Fallon (R-Prosper) and SB 904 by Sen. Bryan Hughes (R-Mineola) both deal with “political advertising” laws and are aimed at limiting the ability of school district employees and school board members to talk about political content while they’re at school.

SB 1569 has been placed on the Senate Intent Calendar for next week, meaning that it could come up for a floor vote as early as Tuesday. SB 904 has not yet been placed on the Senate Intent calendar but may also appear there at any time. While the authors did make some changes to these two bills compared to their versions as filed, ATPE remains concerned about likely negative consequences of SB 1569 and SB 904 and the chilling effect they would have on educators. For additional information, check out this blog post about the bills. ATPE members are urged to visit Advocacy Central for talking points and quick communication tools for reaching out to their senators.