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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.

Senate Education committee considers discipline bills

The Senate Education Committee considered a number of bills Tuesday, March 26, many of which focused on various disciplinary issues. The committee also favorably voted out several bills heard previously. Members approved the following bills:

  • CSSB 243 (by a vote of 6-3 with Sen. Lucio, Powell, and Watson opposing), which would enable school marshals to carry guns on them at all times.
  • CSSB 316 (by a vote of 7-3 with Sens. Lucio, Powell, and Watson opposing), which calls for the attorney general to represent teachers in certain lawsuits. ATPE raised concerns when the bill was originally heard that the subjective determinations made by the attorney general could result in teachers effectively losing or delaying their effective representation.
  • SB 406 (by a vote of 9-1 with Sen. Watson opposing), which would clarify that school marshals could carry concealed handguns.
  • CSSB 213, which would make individual graduation committees (IGC) a permanent option for students who struggle to pass end-of-course STAAR exams. This bill and the rest of the pending bills below passed with the committee’s unanimous approval.
  • SB 372 would allow charter schools to hire and commission peace officers.
  • SB 435 would add opioid addiction to the list of topics addressed by school health advisory committees (SHAC).
  • SB 522 deals with individualized education programs (IEP) for students with visual impairments.
  • CSSB 1230 would create a reporting system for private school educator misconduct.
  • SB 1231 would clarify administrative reporting requirements for child abuse and neglect.
  • SB 1476 would clarify reporting requirements when an investigation reveals an accused teacher was not engaged in misconduct.
  • CSSB 364 would require the Texas Education Agency (TEA) to develop model policies on recess.

Today, committee members heard testimony on SB 1451 by Chairman Larry Taylor (R-Friendswood), which would prohibit a school district from assigning a a teacher an area of deficiency in an appraisal solely on the basis of the teacher’s disciplinary referrals or documentation of student conduct. The bill would also prohibit a district from disciplining a teacher for documenting bad student behavior. Sen. Taylor introduced a committee substitute that would clarify that a deficiency may still be assigned separately, provided that a third party documents an issue. ATPE supports this bill.

Another bill by Sen. Taylor, SB 2432, would add harassment to the list of conduct that will result in the mandatory removal of a public school student from the classroom. ATPE supports this bill. The following bills were also considered Tuesday:

  • SB 424 by Sen. Royce West (D-Dallas), relating to determining the appropriate disciplinary action to be taken against a public school student who is in foster care or who is homeless.
  • SB 1001 by Sen. Kirk Watson (D-Austin), relating to the suspension of a student who is homeless from public school.
  • SB 1306 by Sen. Lois Kolkhorst (R-Brenham), which would require a school district to post on the district’s website the name and contact information of each school administrator primarily responsible for student discipline at a district campus.
  • SB 1707 by Sen. Eddie Lucio, Jr. (D-Brownsville), relating to the duties of school district peace officers, school resource officers, and security personnel.

A handful of bills heard today were not directly related to discipline. These included SB 926 by Sen. Bob Hall (R-Edgewood), relating to the operation of a public school transportation system, and SB 1679 by Sen. West, which would ensure that any children who are available for pre-K at the age of three remain eligible for enrollment at the age of four. ATPE supports SB 1679.

 

How K-12 education fares in the President’s fiscal year 2020 budget

Credit: CNN.com

In each fiscal year (FY), which runs October 1 through September 30, the President releases his vision for the country’s budget. It really is just that- a statement on how the President believes money should be spent based on his (or her) priorities. Actual fiscal determinations are made by Congress. For example, past presidential budgets have proposed eliminating Title II of the Every Student Succeeds Act (ESSA), which provides over $2 billion in grants to states to improve teacher effectiveness. However, Title II has remained intact because Congress will not eliminate it.

The 2020 presidential budget proposal includes $62 billion for the Department of Education (ED) to provide K-12 and higher education programs and funding, which is an $8.5 billion or 12% decrease compared to what Congress enacted in the last budget. President Trump’s budget plan cuts K-12 education by $5.1 billion and calls for eliminating at least 16 programs. While maintaining current levels of funding for large programs such as Title I and the Individuals with Disabilities Education Act (IDEA), the President’s budget pushes multiple controversial programs such as school privatization marketed as “school choice,” charter school expansion, and performance-based compensation, as well as funding for magnet schools and school safety. The proposal includes the following:

  • Creating a federal tax credit costing up to $50 billion over 10 years for donations to scholarship programs for families of elementary and secondary students to subsidize private school tuition
  • $500 million (an increase of $60M) to fund the opening, expansion, and facilities of charter schools
  • $107 million to expand magnet schools
  • $50 million in new funding for districts participating in the Title I student-centered funding pilot, which allows districts to to use federal, state, and local funding for public school choice
  • Raising the percentage of Title I dollars states can use to fund expanded educational choice for disadvantaged students from 3% to 5%
  • Increasing the funding for the DC Opportunity Scholarship program, which awards scholarships for low-income students to attend private schools in Washington, DC

While the bulk of Title II under ESSA would be eliminated yet again, the FY 2020 Presidential budget proposes two main initiatives that affect teachers:

  • $200 million for the Teacher and School Leader Incentive grant program, which would support performance-based compensation systems and human capital management systems that include either mentoring of new teachers or increased compensation for effective teachers
  • $300 million (an increase of $170M) for Education Innovation and Research, mainly for studying teacher-driven professional development (PD) and providing stipends for teachers to attend PD

As for school safety, the budget includes:

  • $700 million ($354M increase) in Department of Education, Justice, and Health and Human Services grants to give states and school districts resources to implement the recommendations of the Federal Commission on School Safety (FCSS)
  • $200 million (increase of $105M) will go to ED for School Safety National Activities, which provides grants to states and school districts to develop school emergency operations plans, as well as counseling and emotional support. $100M of this will be used for a School Safety State Grant program to implement the recommendations of the FCSS

Other points of interest include TEACH grants, which award annual amounts up to $4,000 to eligible undergraduate and graduate students to become full-time teachers in high-need areas for at least four years. The Presidential budget proposes cutting funding to this program by $3.1 million. The Public Service Loan Forgiveness program, which allows the cancellation of federal student loans for non-profit and government employees after 10 years of on-time payments, is also eliminated in the budget.

In addition to the aforementioned maintained levels of Title I and IDEA funding, the FY 2020 Presidential budget proposal would maintain current levels of funding for many programs including state assessments, English language acquisition programs, migrant education, neglected and delinquent education, education for homeless children and youths, and rural education.

The budget would decrease funding to Indian education programs and impact aid, which helps to offset revenue loss to districts that serve areas that include federal lands. The budget plan also shifts around more than $12B in IDEA funding, cutting some programs entirely while increasing funding to others.

Lastly, the budget proposes elimination of many programs, including arts in education, full-service community schools, Promise neighborhoods, and Special Olympics educational programs. However, don’t despair! Remember, the president’s proposed budget is a suggestion and a statement of his priorities. Given the split control of the U.S. House of Representatives, it is even less likely that President Trump’s proposals as described here ultimately will be enacted.

The entire proposal includes all areas of funding across the government. If you don’t want to read the whole thing, check out the administration’s three-page overview. Keep in mind that these documents were created by the White House and do not represent an objective analysis.

ATPE will continue to monitor and report on the federal budget discussions in Washington with assistance from our DC-based federal lobby team. Stay tuned to Teach the Vote for updates.

House releases public education recommendations

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

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

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

Hurricane Harvey

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

Teacher Compensation

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

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

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

Student Assessment 

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

Students with Disabilities

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

Charter Schools 

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

Implementation of Legislation 

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

Educator Preparation Programs

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

School Safety

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

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

From the Texas Tribune: 5th Circuit upholds feds’ $33 million penalty for Texas decrease in special education funding

5th Circuit upholds feds’ $33 million penalty for Texas decrease in special education funding” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Texas’ decision to spend $33.3 million less on students with disabilities in 2012 will likely cost it millions in future federal funding after a Wednesday afternoon 5th U.S. Circuit Court of Appeals ruling.

According to the New Orleans-based court, the U.S. Department of Education was within its rights to try to withhold the same amount from Texas’ special education grants, since a 1997 federal statute prohibits states from reducing their funding for kids with disabilities from year to year. Texas had appealed the department’s decision, arguing that statute was vague and unenforceable.

A little more than a month after hearing both sides, and the day after a momentous midterm election, the three-judge panel effectively upheld the education department’s decision to financially penalize Texas in an opinion that called the state’s argument “unpersuasive.” The 13-page opinion questions Texas’ current system for funding special education, saying it could give the state reason to minimize the needs of kids with disabilities in order to save money.

The court also ruled that Texas must pay the federal government’s appeal costs. Texas has not publicly indicated whether it will try to appeal the ruling.

Since 1995, Texas has weighted funding for kids with disabilities, paying schools more to educate kids who have more severe disabilities or need more personalized attention in order to learn. It argued it spent $33.3 million less in 2012 because its special education programs successfully got students to “overcome their disabilities,” decreasing their need. School districts reported students in need of less expensive services that year and so the state allocated less money, lawyers argued.

The federal government’s argument is simple: States cannot decrease their funding from year to year, a provision that ensures they use the additional federal money to enhance services, instead of cutting their budgets.

Texas’ weighted funding system “poses the potential for future abuse” of that statute, the panel said in an opinion written by Judge Jerry Smith, who had expressed skepticism towards the state’s argument in October.

“Though Texas law requires the state to allocate funding based on the needs of disabled children, it is the state itself that assesses what those needs are,” Smith wrote. “Hence, the weighted-student model creates a perverse incentive for a state to escape its financial obligations merely by minimizing the special education needs of it students.”

At a Texas House Appropriations Committee hearing last month, state education officials prepared lawmakers for a potential loss at the 5th Circuit, saying the penalty — which amounts to 3 percent of Texas’ annual federal special education grant — would have minimal impact on their special education programs.

Texas is separately working to overhaul its special education programs after a U.S. Department of Education investigation concluded earlier this year that the state had effectively denied services to thousands of students with disabilities who needed them. Officials estimate spending $3 billion more on kids with disabilities over the next three years, since more students are likely to be eligible for services.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/11/07/texas-special-education-funding/.

 

Texas Tribune mission statement

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

Commissioner updates SBOE on SpEd, contracting, budget

The Texas State Board of Education (SBOE) opened its Wednesday meeting with an update from Education Commissioner Mike Morath.

The commissioner began by praising the board’s work on the Long-Range Plan for Public Education, and suggested that there is significant overlap with the agency’s own strategic plan.

TEA Commissioner Mike Morath testifying before the SBOE, September 12, 2018.

Morath caught members up to speed on the recent debate over a cosmetology course, and indicated that the course is not expected to go away. The commissioner testified he asked staff to look into ways to ameliorate the high cost of the associated licensure.

Regarding special education, Morath claimed progress in a number of areas. The commissioner said the agency has accomplished more than half of the items under the corrective action plan. The agency was tasked with setting up a large field apparatus, and 70 percent of 55 vacant positions have been filled, including all leadership positions. Justin Porter, who helped write the corrective action plan, is the special education director.

A total of 14 grants have been posted, and an additional five have been completed internally and will be finished within the next couple months. Statements of work have been drafted for 15 of the contracts related to strategic plan.

On a separate but related note, Commissioner Morath acknowledged recent contracting issues that resulted in a rebuke from the Texas State Auditor’s office, while defending staff involved. Morath state that starting in November of last year, the agency initiated a top-to-bottom review of contracting practices.

With regard to the agency’s legislative appropriations request (LAR), in which the agency submits its budget requests for the next biennium to the Texas Legislature, Morath noted that the agency is requesting two exceptional items. These consist of $50 million to support districts providing compensatory services in order to comply with the special education corrective action plan, and roughly $50 million for health and safety, $20 million of which is aligned to the governor’s school safety plan.

The commissioner then offered a review of “A through F” school district ratings, which were released in August. Additionally, Morath noted that the state saw a one-year reduction of 247 “improvement required” (IR) campuses. This marks the last set of campus ratings under the “met standard” or IR labeling system, and campuses will instead receive A-F ratings next August.

Finally, Commissioner Morath briefed members on the first TEA annual report on the state of public education in Texas and solicited feedback from members. Relating to teacher recruitment and retention, Morath noted board members will receive a briefing on the Texas lesson study initiative tomorrow.

SBOE committee update: Dyslexia handbook

The three committees of the State Board of Education (SBOE) met Thursday morning to discuss items under the umbrella of school initiatives, instruction, and school finance/permanent school fund.

SBOE Committee on Instruction meeting June 14, 2018.

The Committee on Instruction began its meeting by considering changes to the rules regarding credit by examination (CBE), which was opposed by school administrators. Witnesses warned that some of the changes, such as the method of external validation, were infeasible. The committee ultimately amended the rules following a lengthy conversation with stakeholders.

The committee also approved amendments to the Dyslexia Handbook, which were proposed as a result of testimony received by special education advocates in April. The handbook is being adopted into state administrative rule in order to ensure all schools comply with the provisions contained within it. Witnesses on Thursday expressed concern over the ability of districts to create their own reading programs under the new rule. Other witnesses warned about the potential consequences of arbitrarily placing all dyslexic children in special education programs as opposed to Section 504. Member Tincy Miller (R-Dallas) urged staff to ensure a balanced approach in the handbook.

The full board is scheduled to meet again on Friday to wrap up its June meeting.

Teach the Vote’s Week in Review: June 8, 2018

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


School finance commission working group on expenditures meeting June 6, 2018.

The Texas Commission on Public School Finance met this week both as a whole and in smaller working groups. ATPE Lobbyist Mark Wiggins followed the conversation and provided updates for TeachTheVote.org. His first post details Tuesday’s meeting of the full commission, in which members heard from a number of invited witness who talked about teacher supports, such as merit pay programs.

The working group on revenues, led by state Sen. Paul Bettencourt (R-Houston), held a last-minute meeting afterward that resulted in most of the public not being able to attend, but reports from those inside provided an idea of what the group has planned. State Rep. Dan Huberty’s (R-Houston) working group on expenditures met Wednesday morning, and engaged in a lively discussion about textbooks and classroom technology.

The commission is scheduled to meet again on July 10, followed by an expenditures meeting on July 11 in which the working group will vote on recommendations to submit to the full body.


The Senate Select Committee on Violence in Schools and School Security is set to hold two hearings next week in response to the tragic school shooting in Santa Fe, Texas. Lt. Gov. Dan Patrick assigned Senate Education Committee Chair Larry Taylor (R-Friendswood) to chair the select committee, which is composed of six Republicans and three Democrats.

Monday’s agenda includes invited and public testimony on the following: “Improve the infrastructure and design of Texas schools to reduce security threats, and discuss various proposals to harden school facilities, including limiting access points, improving screening and detecting of weapons, retrofitting school facilities with improved locks, emergency alarm systems, and monitoring cameras.”

Tuesday’s agenda includes invited and public testimony on the following: “Study school security options and resources, including, but not limited to, the school marshal program, school police officers, armed school personnel, the Texas School Safety Center, and other training programs to determine what improvements can be made to provide school districts and charter schools with more robust security options.”

Texas Speaker Joe Straus (R-San Antonio) asked the House Committee on Criminal Jurisprudence to study a “red flag” law that would provide a legal process for temporarily removing guns from someone considered potentially dangerous by family members or law enforcement. Straus also announced nine new interim charges for House committees:

Committee on Appropriations

“Examine the availability of federal funding and Governor’s Criminal Justice grants that may directly or indirectly improve school safety. Evaluate the potential costs of proposals identified by the Governor and House Committees related to improving access to mental health services for children, improved school safety, and enhanced firearm safety.”

Committee on Public Education

“Review the effectiveness of schools’ current multi-hazard emergency operation plans. Determine any areas of deficiency and make recommendations to ensure student safety. Research violence prevention strategies, such as threat assessment, that are available for school personnel to identify students who might pose a threat to themselves or others. Identify resources and training available to schools to help them develop intervention plans that address the underlying problems that caused the threatening behavior.”

“Examine current school facilities and grounds. Consider any research-based ‘best practices’ when designing a school to provide a more secure environment. Review the effectiveness of installing metal detectors, cameras, safety locks, streaming video of school security cameras, and other measures designed to improve school safety.”

Committee on Criminal Jurisprudence

“Examine current statutes designed to protect minors from accessing firearms without proper supervision and make recommendations to ensure responsible and safe firearm storage, including enhancing the penalty to a felony when unauthorized access results in death or bodily injury.”

Committee on Homeland Security and Public Safety

“Evaluate options to increase the number of school marshals available, and identify current statutory requirements that limit utilization of the program.”

“Examine best practices and measures adopted in other states regarding reporting lost or stolen firearms. Gather information on reporting strategies, fines, and/or penalties for noncompliance, and receive testimony from law enforcement related to mishandling of firearms.”

Committees on Public Education and Committee on Public Health (Joint Charge)

“Consider testimony provided at the May 17 House Public Health Committee hearing regarding improving mental health services for children. Identify specific strategies that would enhance overall school safety. Study ways to help parents, youth and primary care providers support school personnel in their efforts to identify and intervene early when mental health problems arise. In addition to school-based trauma-informed programs and those that treat early psychosis, consider the benefits of universal screening tools and expanding the Child Psychiatry Access Program (CPAP). Make recommendations to enhance collaboration among the Health and Human Services Commission, the Texas Education Agency, local mental health authorities, and education service centers.”

Committee on Homeland Security & Public Safety and Committee on Judiciary and Civil Jurisprudence (Joint Charge)

“Examine current judicial procedures and practices and make recommendations to assist all courts and jurisdictions in reporting judgments and verdicts which make up the information sent to the National Instant Background Check System (NICS). Review and make recommendations regarding the list of convictions, judgments, and judicial orders which disqualify a person from possessing a firearm.”

Committee on Defense & Veterans Affairs and Committee on Homeland Security & Public Safety (Joint Charge)

“Examine the experience of other states in prioritizing retired peace officers and military veterans for school security. Determine the minimum standards necessary to implement such a program.”

ATPE will be attending these hearings will post updates at TeachTheVote.org. The House and Senate actions come after Gov. Greg Abbott released his outline of ideas to prevent further school shootings last week. Many of those ideas would require legislative action, which is among the things the committees will consider.

 


State Rep. Larry Gonzales (R-Round Rock) announced his resignation this week, saying it’s time to move on. The Texas Tribune reported on his announcement, which we’ve been expecting since he announced last year he wouldn’t be running for reelection. Rep. Gonzales chaired the House Appropriations Subcommittee on Articles VI, VII and VIII of the state budget, which includes funding for big state agencies such as the Texas Department of Transportation (TxDOT). As a member of the Texas Legislature, he was well known for being a friendly guy and a straight shooter who worked with both parties to get things done. Gonzales was a good friend of public education, and his presence in the legislature will be dearly missed.

The race to follow Rep. Gonzales in representing House District (HD) 52 is between Republican Cynthia Flores and Democrat James Talarico. You can click on each of their names to view their candidate information and survey responses they provided to TeachTheVote.org. This is expected to be a close race, which underscores the importance of every vote.

The November 6 General Election will be the last opportunity for education supporters to make sure pro-public education candidates are elected into office. Whomever voters choose will decide what direction to take the Texas Legislature when it meets in January. Will we see a resurrection of vouchers and bills attacking teachers? Or will we see a comprehensive school finance reform bill that puts more resources into classrooms and gives local taxpayers a break? It all depends on who you elect!

 


 

Education Commissioner Mike Morath announced Wednesday the criteria for schools affected by Hurricane Harvey to receive waivers from the state accountability ratings. Campuses, districts, and open enrollment charter schools are eligible to be evaluated under the Hurricane Harvey Provision if 10% or more of students or teachers were reported as homeless after the storm, if the campus was closed for ten or more instructional days, or if the campus was reported as being displaced due to the geographic relocation of students or the sharing of instructional facilities. Campuses or districts that meet at least one of these criteria AND are labeled Improvement Required or receive a B, C, D, or F rating will have their accountability rating changed to Not Rated. You can read the full announcement here.

 


ATPE educator and Round Rock ISD fourth grade teacher Stephanie Stoebe testifying at the Texas Capitol June 7, 2018.

Lawmakers on the House Committee on Public Education Subcommittee on Educator Quality and the House Committee on Higher Education combined forces on Thursday to discuss educator preparation programs (EPPs). The differences between alternative certification or “alt-cert” programs and traditional EPPs was examined during the hearing. The combined committees also heard from ATPE member Stephanie Stoebe, who spoke about her efforts to identify what marks a quality EPP. Stoebe’s recommendations for the committees included creating a dashboard to share EPP information and setting high standards relevant to student achievement. Teacher pay and attrition were also among the topics discussed at the hearing. The combined committees also heard from Stephen F. Austin University, College of Education Dean, Dr. Judy Abbott about partnerships between colleges, universities, and local districts. A detailed breakdown of the hearing can be found in this post by ATPE Lobbyist Mark Wiggins.

 


On Wednesday, June 6, the Texas Education Agency (TEA) released guidelines to all administrators relating to services for students with dyslexia and other disorders. The provisions come after a final monitoring report from the U.S. Department of Education Office of Special Education Programs (OSEP) disclosed that TEA failed to comply requirements in the Individuals with Disabilities Education Act (IDEA). The provision of services outlines the appropriate responses educators should have if a student is showing early signs of dyslexia, the need for special education, or other services. Read the full correspondence here.

House committee looks at testing, special ed issues

The House Committee on Public Education met Thursday morning at the Texas Capitol to discuss interim charges related to testing and special education. The interim charges are assigned by Speaker Joe Straus (R-San Antonio) and are generally composed of a detailed list of topics for each standing committee to research and discuss before the next legislative session. The following charges were on Thursday’s agenda:

  • Examine research-based options for evaluating student achievement beyond standardized test scores, including adaptive and portfolio assessments. Examine the scope of the current Texas Essential Knowledge and Skills (TEKS)in grades with the state assessment, including the format, assessment calendar, and the limits of instructional days, if any. Determine if it is appropriate to limit TEKS to readiness standards that can be taught in less than the school year. Review current Student Success Initiative testing and make recommendations on its continuation or repeal. Review the ability of the state to waive standardized testing for students with significant cognitive disabilities.
  • Examine programs in public schools that have proven results meeting the needs of and improving student achievement for students with disabilities, with an emphasis on programs specializing in autism, dysgraphia, and dyslexia. Recommend ways to support and scale innovative programs for these students, including providing supplemental services, or incentivizing public-private partnerships or inter district and charter school collaborations. Monitor the implementation and funding for the pilot programs authorized in H.B. 21 (85R) and review the Texas Education Agency’s compliance with S.B. 160 (85R), which prohibits special education student caps.

After updating the committee on the Texas Education Agency’s (TEA) response to the Santa Fe school shooting and recent STAAR test glitches, Commissioner Mike Morath began his testimony by summarizing the overall design of the STAAR test and Texas Essential Knowledge and Skills (TEKS) upon which tests are based. Morath pointed to one idea, splitting the STAAR test into sections to allow more flexible scheduling, that he suggested may require legislative guidance before ordering further agency research.

House Public Education Committee meeting May 24, 2018.

Members of the committee raised questions about the writing test, in particular with regard to grading methods. Morath indicated that a writing program created as a result of legislation by state Rep. Gary VanDeaver (R-New Boston) has yielded useful information, and noted that additional appropriation to continue the program would be a positive step.

Rep. VanDeaver asked Morath how much money could be saved by eliminating standardized tests that are required by the state, but not by federal law. House Bill (HB) 515 filed by VanDeaver during the 2017 legislative session would have eliminated tests not mandated under the federal Every Student Succeeds Act (ESSA), and was estimated to result in a savings of $7 million. The bill was ultimately unsuccessful.

Other invited testimony included a panel of superintendents who testified to the overreliance on standardized tests for everything from student advancement to school accountability. Granger ISD Superintendent Randy Willis asked the committee to consider eliminating a single summative assessment at the end of the year in favor of multiple formative assessments and reducing the number of assessed standards. Doug Williams, Superintendent of Sunnyvale ISD, voiced support for dividing the STAAR into sections, ongoing diagnostic assessments, and making substantial changes to the writing portion of the exam. Part of the panel discussion touched on allowing teachers to directly grade writing exams, in other to provide better feedback and analysis.

ATPE Lobbyist Monty Exter testified before the committee on the specificity of the TEKS, teaching versus testing, and corollary applications to the teacher pipeline. Other public testimony focused on portfolio assessments, such as rubrics developed by the New York Performance Standards Consortium.

ATPE Lobbyist Monty Exter testifying before House Public Education Committee May 24, 2018.

After a brief break, the committee turned its focus to special education. TEA Deputy Commissioner Penny Schwinn walked members through the corrective action plan prepared by the agency to address the de facto cap on special education enrollment that resulted in a federal rebuke. Schwinn emphasized that current and future guidance indicates students with dyslexia should not be arbitrarily confined to Section 504 programs, but may qualify for special education services depending on the individual.

A number of advocacy organizations were invited to testify regarding the agency’s actions. Among the concerns raised by special education advocates was the timeline for implementation. Chris Masey with the Coalition of Texans with Disabilities presented the dichotomy between progress at the policy level and frustration felt by parents looking for meaningful results. Masey also noted there hasn’t exactly been a surge in special education enrollment after the cap was lifted. Heather Sheffield with Decoding Dyslexia suggested policymakers explore a way to enforce the Dyslexia Handbook developed by TEA.

Additionally, advocates asked for per-pupil funding for dyslexia, as well as having adequate instructional time and funding for both training and staffing. One advocate testified that training alone for a special education teacher can top $5,000. ATPE Lobbyist Monty Exter thanked the committee for the work done last session to address the cap, as well as funding weights for special education. Exter drew the committee’s attention to districts’ ability to provide external services already. While therapeutic and educational services are both available, the primary focus of special education should be on educational services, and any therapeutic services covered by district or state funds should be in furtherance of the educational objectives.