Tag Archives: special education

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.

 


House Public Education Committee hears bills on home-schooler UIL participation, health and safety, and more

On Thursday, April 4, 2019, the House Public Education Committee met to hear bills on several topics, including home-schooled students’ participation in UIL, student health, protected speech, and the available school fund.

ATPE supported several of the bills on yesterday’s committee agenda:

  • House Bill (HB) 348 (Nevárez, et al., D-Eagle Pass): Would allow school districts to provide increased compensation to a teacher who completes an autism training provided by a regional education service center. This bill was not actually heard by the committee yesterday due to a last-minute change.
  • HB 1602 (Hernandez, D-Houston): States that a school district may not begin instruction before 8 am and calls for appropriating over $755 million to the Texas Education Agency (TEA) for the purpose of offsetting the additional transportation costs associated with the bill. Rep. Hernandez said that 34% of Texas schools start in the 7 am hour, and some students wait in the dark for the bus as early as 5:45 am. A student testified for the bill, saying it would help her get more sleep and receive less disciplinary action. ATPE member Yen Rabe also testified in support as one of several witnesses who cited increased safety and student well-being if the school day were to start later.
  • HB 2738 (Meyer, R-Dallas): Would expand educator misconduct provisions adopted through SB 7 from the 2017 legislative session to also include non-certified employees, such as those who may work in charter schools and Districts of Innovation. The bill would require TEA to create a “do-not-hire” registry of these non-certified persons.

ATPE registered in opposition to HB 1324 by Rep. James Frank (R-Wichita Falls), which would require public schools participating in UIL activities to provide home-schooled students who meet certain eligibility requirements with the opportunity to participate in the activity. Districts would likely incur costs from this mandate, and HB 1324 does not ensure that home-schooled students would be subject to the same requirements and thus on a level playing field with their public school peers. Testimony on this bill was split between those who had concerns about implementation, costs to public schools, and increased government oversight, and those who wanted to be able to participate in UIL activities, especially sports. Read ATPE’s written testimony against the bill here.

The following bills were also heard by the committee yesterday:

  • HB 873 (Allen, D-Houston): Would require the admission, review, and dismissal (ARD) committee to review students’ behavior intervention plans (BIPs) at least annually for those who have a BIP as part of their individualized education plan (IEP). This bill also requires changes to the student code of conduct, including parent notification about the student’s BIP or if the student needs a BIP when violations of the code occur, and it changes law around the use of restraints and time-outs, requiring detailed notification to parents. Lastly, the bill requires that if a school district takes disciplinary action against a student with disabilities that results in a change in placement, the district must conduct a behavioral assessment and develop or revise the student’s BIP.
  • HB 1131 (Cole, et al., D-Austin): 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 could also borrow money from the new authority.
  • HB 1906 (Burns, R-Cleburne): Would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. The ARD committee would make further determinations on whether the student should be exempted and what the best assessment instrument for the child would be. Special education advocates testified about concerns with making sure someone is still held accountable for growth and progress of these students, and argued that assessments should be fixed rather than removing students from taking assessments altogether.
  • HB 2097 (Krause, et al., R-Fort Worth): This bill would allow only Arlington ISD to withdraw from TRS-ActiveCare under a pilot project. Representatives of the school district testified that healthcare costs for its employees under TRS are too high, but members of the committee were cautious and indicated there should be more study on statewide impact before allowing one district to have special treatment.
  • HB 2244 (González, M., D-Clint): Would define what is protected speech and require school districts to adopt a policy establishing rules regarding students’ right to exercise freedom of the press at school. Testimony supporting the bill included remarks from students, teachers, a professor, and a lawyer.
  • HB 2393 (Burrows, R-Lubbock): Would require the State Board of Education (SBOE) and the Texas Parks and Wildlife Department (TPWD) to develop a hunter education course for students in grades 7-12 that a school district can use as a part of its physical education curriculum. Rep. Burrows stated that there are barriers to children being able to take hunter education and that many violations have been committed by hunters, presumably as a result of lack of education.
  • HB 2555 (Parker, R-Flower Mound): 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.
  • HB 2689 (Dean, et al., R-Longview): Would require each school superintendent to designate a cybersecurity coordinator to serve as a liaison between the district and TEA. Rep. Dean stated that student data, such as social security numbers, are particularly valuable and in need of protection.
  • HB 2739 (Meyer, et al., R-Dallas): Would require private school administrators to report misconduct by educators they employ to the State Board for Educator Certification (SBEC) and allow them to obtain information from SBEC any reports the board has about prior misconduct or criminal histories of such individuals.
  • HB 2740 (Meyer, et al., R-Dallas): Would require the Department of Family and Protective Services to release information regarding child abuse and neglect investigations and allegations to private schools, as it does for public schools.
  • HB 3683 (Dutton, D-Houston): Would allow the commissioner to authorize a charter or campus program to provide a dropout recovery program for grades 9-12, at which 50% of the enrollment must be students who are age 17 or older. Eligible students would include those who have dropped out or been in a disciplinary alternative education setting, as well as homeless students, working students, asylees and refugees, or at parent request. Charter school advocates testified that the bill would improve student retention and completion.
  • HB 4205 (Craddick, R-Midland): Would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. Former Speaker Craddick stated that a school slated for closure has only two options (close the campus or appoint a board of managers), and his bill offers a third option by allowing non-profit charters to partner with the school district to reopen the school. TEA General Counsel Von Byer said the campus would still have to be closed and repurposed, and that the repurposed campus would have to serve a majority of new students and offer a distinctly different academic program.
  • HB 4613 (Shaheen, R-Plano): Would allow parents to request an exemption from state and federal testing requirements for special education students, potentially through a federal waiver. Special education advocates testified with concerns on meeting federal reporting requirements and having accountability for all students, including those with disabilities.
  • HB 4611 (Huberty, R-Humble) and its related House Joint Resolution (HJR) 151 (Huberty, R-Humble): Would propose a constitutional amendment to allow the General Land Office’s (GLO) School Land Board to transfer up to $600 million to the available school fund. The current allowable contribution is only $300 million. Testimony from both the GLO and from Dr. Keven Ellis of the SBOE was neutral, focused on finding avenues to increase funds to the available school fund.

The following pending bills heard during prior meetings were voted favorably from committee on Thursday: HB 851, HB 1026, HB 1517, HB 1639, HB 1640, HB 1823, HB 2511, HB 2984, HB 3007, HB 3217, HB 3323, HB 3435, HB 3966, HCR 59, HB 843, HB 1160, HB 1276, HB 1632, HB 2030, HB 2184, HB 4310, and HB 2210.

The House Public Education Committee will meet again on Tuesday, April 9, 2019, to hear a variety of bills, mostly pertaining to charter schools.