Tag Archives: strategic compensation

86th Legislative Session Highlights from ATPE

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

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

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

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


School Finance:

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

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

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

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

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

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

[Return to Index]

Educator Pay: 

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

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

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

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

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

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

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

[Return to Index]

Teacher Retirement System (TRS):

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

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

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

[Return to Index]

School Safety and Student Health: 

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

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

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

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

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

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

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

[Return to Index]

Student Testing:

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

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

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

[Return to Index]

Special Education:

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

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

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

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

[Return to Index]

Payroll Deduction:

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

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

[Return to Index]

Class Sizes:

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

[Return to Index]

Private School Vouchers:

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

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

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

[Return to Index]

Charter Schools:

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

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

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

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

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

[Return to Index]

Student Discipline:

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

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

[Return to Index]

School Turnaround:

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

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

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

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

[Return to Index]

Political Speech:

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

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

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

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

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

[Return to Index]

State leaders announce deal on school finance, property tax relief, and TRS legislation

At a press conference held this afternoon, Gov. Greg Abbott, Lt. Gov. Dan Patrick, and Speaker of the House Rep. Dennis Bonnen announced that a deal has been reached on legislation to address school finance, property tax relief, and the Teacher Retirement System (TRS). Flanked by members of the conference committees that worked on the bills, the “big three” shared highlights of the final negotiated versions of House Bill 3 and Senate Bill 12 and thanked those who worked on the compromise.

A flyer was shared with reporters touting major components of the agreement, including increasing the basic allotment for schools; providing $5 billion in property tax relief; funding full-day pre-K for low-income students and increasing the funding to serve other students with special needs; calling for outcomes-based funding tied to college, career, and military readiness; reducing recapture by 47% in the next two years; and offering $2 billion in various forms to assist with “dynamic teacher compensation.”

Specific details on the educator compensation piece are unknown at this point, but the new version of HB 3 has been characterized as including both a merit pay program and funding to increase salaries for veteran teachers (those with at least five years of experience), librarians, counselors, and school nurses. Immediately following the press conference, HB 3 author and House Public Education Committee Chairman Dan Huberty told reporters that the merit pay program would not be test-focused but would use T-TESS to help determine which teachers are eligible to become recognized, exemplary, or master teachers. Chairman Huberty added that Texas Tech University would be tapped to act as a “referee” for the program.

The deal announced today also provides for increased funding into the TRS pension program in order to make it actuarially sound. Also, it is believed that the state would substantially raise its contributions for active educators’ healthcare premiums under this agreement.

Actual bill language has not yet been released, but ATPE will update our Teach the Vote blog with additional details as soon as our lobbyists have a chance to see and analyze the new bills.

Teach the Vote’s Week in Review: March 1, 2019

Read the latest legislative and education news for this “ATPE at the Capitol” week from your ATPE Governmental Relations team:


Hundreds of ATPE members traveled to Austin earlier this week for ATPE at the Capitol, our political involvement training and lobby day event hosted every legislative session year.

On Sunday, Feb. 24, ATPE members gathered at the JW Marriott for a series of training sessions. They heard a welcome message from ATPE State President Byron Hildebrand and learned how to advocate for ATPE’s legislative priorities with help from the ATPE lobbyists and Executive Director Shannon Holmes. Attendees spent the day networking with their colleagues and shopping at the ATPE Boutique for merchandise with sales benefiting the ATPE-PAC.

The day finished with a panel discussion featuring State Board of Education member Keven Ellis (R) and State Representatives Gary VanDeaver (R-New Boston) and Mary Gonzalez (D-Clint). The closing session was moderated by Spectrum News Capital Tonight political anchor Karina Kling and gave ATPE at the Capitol attendees an opportunity to ask the panel questions about school finance, testing, retirement, and more.

ATPE members boarded buses to the State Capitol early Monday morning, Feb. 25, to meet with their own legislators, sit in on hearings, and share their advocacy messages in support of public education. ATPE at the Capitol attendees gathered for a group photo Monday afternoon outside the Senate’s chamber, which prompted brief appearances by Sen. Jane Nelson (R-Flower Mound) and Lt. Gov. Dan Patrick (R). ATPE’s state officers also visited with House Speaker Dennis Bonnen.

When the full House and Senate convened their floor sessions Monday afternoon, Sen. Kirk Watson (D-Austin) and Rep. Dan Huberty (R-Kingwood) presented honorary resolutions recognizing ATPE members in each chamber and applauding them for their work on behalf of Texas public schools and students.

This year’s ATPE at the Capitol event coincided with a hearing Monday by the Senate Finance Committee on Senate Bill (SB) 3, which would provide teachers an across-the-board salary increase of $5,000. Many ATPE members attended and even testified before the committee in support of Chairwoman Nelson’s high-profile bill, including ATPE State Vice President Tonja Gray. Read more about the SB 3 hearing below.

For more coverage of ATPE at the Capitol, be sure to check out our photo album on ATPE’s Facebook page.

 


At the conclusion of Monday’s hearing on Senate Bill (SB) 3, the Senate Finance Committee voted unanimously to send the high-profile teacher pay raise bill to the Senate floor. The vote came after consideration of a few amendments and hearing from more than a dozen educators who testified on the bill, including several ATPE members. SB 3 has already been placed on the Senate Intent Calendar and could be brought up for floor consideration as early as next week.

During ATPE at the Capitol activities on Monday, Lt. Gov. Dan Patrick made a brief appearance before the crowd of ATPE members at the state capitol and talked about the bill. He shared that he expects SB 3 to be either the first or second bill passed by the full Senate this session. With 27 co-authors already signed on to the bill, it appears evident that SB 3 will make it out of the full Senate with ease and head over to the Texas House for consideration.

SB 3 is likely to face tougher scrutiny in the lower chamber, where House leaders have criticized the bill and expressed a preference for advancing a merit pay proposal similar to what has been recommended by the Texas Commission on Public School Finance and Gov. Greg Abbott (R). ATPE expects the House’s school finance and teacher compensation omnibus bill to be filed within the next few days, as House Public Education Committee Chairman Dan Huberty announced plans for a press conference about the House bill on Tuesday, March 5, with committee hearings expected during the week of March 11.

Read more about Monday’s SB 3 hearing and ATPE’s testimony in this blog post. Tune in to Teach the Vote next week for more on the budget and school finance discussions. We’ll have analysis of the anticipated House bill, plus updates on the budget writing process as the Senate take a deeper dive on SB 1 with the appointment of work groups for various sections of the draft budget. As announced by Chairwoman Nelson on Monday, Sens. Paul Bettencourt, Charles Perry, and Royce West will serve on a work group chaired by Sen. Larry Taylor for the public education portion of Article III of the budget.

 


FEDERAL UPDATE: In Washington, DC this week, education and a Texas elected official were in the news.

On Thursday, Sen. Ted Cruz (R-TX) joined U.S. Secretary of Education Betsy DeVos at a press conference announcing his filing of new bill offering federal tax credits to individuals or corporations who fund private school voucher scholarships. Read more about the voucher push in this blog post from ATPE Lobbyist Mark Wiggins.

Also in Washington, the House Education and Labor Committee announced five informational hearings to formally launch the reauthorization of the Higher Education Act (HEA). The HEA was last re-authorized in 2008. The five hearings will cover the cost of college; higher education accountability; costs of non-completion; the roles of community colleges, historically black colleges and universities, and minority-serving institutions; and innovation in degree pathways. The hearings have not been scheduled yet. Conversations around affordability and accountability are also taking place between Ranking Member Senator Patty Murray (D-Wash.) and Chairman Lamar Alexander (R-Tenn.) of the Senate Health, Education, Labor, and Pensions (HELP) Committee.

 


The House Public Education Committee met Tuesday, Feb. 26, and considered 21 bills over the course of several hours. The agenda included bills pertaining to health and student safety, use of technology and instructional materials funding, recess policies, and more. Read more about Tuesday’s discussions in this blog post from ATPE Lobbyist Andrea Chevalier who attended the hearing. Next Tuesday, March 5, the committee will meet again to hear a number of bills relating to student assessments.

 


Last Friday, Feb. 22, the State Board for Educator Certification held its first meeting of 2019. ATPE Lobbyist Andrea Chevalier attended the meeting and provided this summary of the board’s discussions.

Related to educator preparation and certification, it’s almost time for new teachers and principals to share their feedback on educator preparation programs (EPPs). The Texas Education Agency (TEA) will be collecting data from principals of first-year teachers and all first-year teachers to help assess the effectiveness of various EPPs. The results of the principal survey will be used for EPP accountability. Both principals and teachers will have access to training modules before completing the surveys. The surveys will become available on April 3, 2019. Find more detailed information about the surveys here.

 


 

Teacher pay raise bill sails through committee and is placed on Senate calendar

A bill that would grant all full-time classroom teachers a $5,000 across-the-board pay raise was placed on the Texas Senate Intent Calendar today. This move places the bill one step away from a floor vote in the upper chamber, which could happen early next week if the Senate continues the current practice of taking Fridays off.

The Senate Finance Committee voted unanimously Monday to approve Senate Bill (SB) 3 by state Sen. Jane Nelson (R-Flower Mound), who also chairs the committee. Gov. Greg Abbott has declared teacher compensation an emergency issue for this session, making bills dealing with teacher pay eligible for more expedited consideration by the legislature. SB 3 has been filed as one of the Senate’s highest priority bills for the 86th legislative session.

Sen. Jane Nelson invited ATPE State Vice President Tonja Gray to testify before the Senate Finance Committee on Feb. 25, 2019, about a proposed pay raise for teachers.

ATPE State Vice President Tonja Gray was invited to testify Monday in support of the bill. She provided oral and written testimony outlining the need for increased compensation and suggested that legislators could expand the raise to include school personnel aside from just teachers. Several other ATPE members and educators testified in support of the bill during Monday’s committee hearing, which coincided with “ATPE at the Capitol,” our legislative advocacy day held every legislative session.

The committee made a handful of changes to Sen. Nelson’s original bill on Monday. These include expanding the raise to include charter school teachers and covering the state’s and school districts’ increased cost of TRS contributions as a side-effect of the raise. The committee approved the revised bill by a unanimous vote of 15-0.

Research has proven that teachers are the single most important in-school factor contributing to student performance, and the best way to boost student performance is to provide students with access to the best teachers. This fact has been acknowledged by the governor, lieutenant governor, and house speaker in countless public statements over the past several months.

ATPE members filled the committee room for a hearing on Senate Bill 3 during ATPE at the Capitol on Feb. 25, 2019.

ATPE has been driving the conversation on teacher compensation, emphasizing that an across-the-board raise is important to help attract and retain high-quality educators. ATPE looks forward to talking about programs to offer additional, differentiated pay for educators who go above and beyond their regular classroom duties. This includes offering to pay educators more for volunteering at more challenging campuses, for obtaining advanced training and high-need certifications, and for taking on campus leadership roles, such as mentoring.

In order to give these programs the best prospects for success, it’s important that local districts be given the flexibility to design their own programs, include local educators in the process, and provide a professional level of base compensation by giving all teachers a long overdue raise first. It’s also critical that compensation decisions are not based upon student test scores, which are not a scientifically valid measure of teacher effectiveness.

After the Senate Finance Committee approved SB 3 on Monday, Lt. Gov. Dan Patrick met with ATPE members and announced that a teacher raise would be the “first or second” bill the Senate passes this session. The Senate has prioritized an across-the-board raise, setting aside $3.7 billion for raises in the Senate’s base budget proposal.

The Texas House is also looking at educator compensation as a priority issue, but the leadership in the lower chamber has not yet released its version of a bill to address teacher pay. In the meantime, House leaders have indicated in the meantime their support and preference for recommendations of the Texas Commission on School Finance, which include changes to weights and allotments and a merit-based pay program based upon Dallas ISD’s “ACE” model. This program would enable a small percentage of qualifying teachers to earn up to $100,000 for working at high-needs campuses. While a bill has yet to be filed, the cost of creating a statewide program similar to Dallas ISD’s initiative has been estimated at around $100 million, which is significantly less than the $3.7 billion price tag for the Senate’s across-the-board pay raise in SB 3.

The House’s budget includes an additional $7 billion for public education contingent upon the passage of property tax relief legislation. ATPE believes the $3.7 billion proposed by the Senate could fit within this $7 billion with enough room left over for property tax relief and additional school funding. Our primary goal in supporting SB 3 and other school finance-related proposals this session has been to work in a bipartisan manner with both chambers and other stakeholders to find comprehensive solutions to the state’s complex and growing public education needs.

If the full Senate approves SB 3 as is expected, Sen. Nelson’s teacher pay raise bill will head over to the House and the committee process will start all over. It is important to note that there are likely to be many changes along the way, and ATPE looks forward to working with both the House and Senate to reach an agreement that will benefit all 5.4 million Texas public school students.


ATPE Lobbyist Mark Wiggins and ATPE Governmental Relations Director Jennifer Mitchell contributed to this report.

Governor Abbott declares emergency items, includes teacher pay

Texas Governor Greg Abbott announced a total of six emergency items in Tuesday’s State of the State address to a joint session of the 86th Texas Legislature. The State of the State is traditionally delivered by the governor at the beginning of each legislative session, and is the state equivalent to the national State of the Union address delivered by the president.

The governor often uses the State of the State as an opportunity to announce emergency items for the current legislature. The first 60 days of the legislative session are meant for organization and bill filing, and legislators cannot vote on bills until after 60 days have passed. Emergency items declared by the governor are the only exception.

Standing ovation for teacher pay announcement during State of the State address, Feb. 5, 2019.

Governor Abbott listed six emergency items on Tuesday: School finance reform, teacher pay, school safety, mental health, property tax relief, and disaster response.

What does this mean functionally? The legislature may vote on bills under these emergency headings immediately instead of waiting for the March 8 deadline, theoretically granting them a one-month head start ahead of other bills. Yet few of these bills have been filed, and none have begun the committee process that marks the first major step in a bill’s journey to becoming a law. For this reason, the practical impact of designation as emergency items has more to do with sending a signal to legislators and the public that these are the governor’s top priorities.

In addition, each of these items is expected to require a significant amount of state funding. The budget offered by the Texas House would provide $7.1 billion in new revenue for public education, contingent upon spending a significant portion of that money on providing property tax relief, ostensibly by rebalancing the state and local share of education funding. Increasing the state’s share will ease the burden on local property taxpayers, but will not increase overall public school funding. To increase overall school funding will require spending additional money on top of what is required to ease local tax pressure.

Increasing teacher pay will require another tranche of state funds. The Texas Senate has proposed Senate Bill (SB) 3, which would grant teachers a $5,000 annual raise. The bill’s cost is tagged at $3.7 billion for the first biennium. Gov. Abbott’s comments today on teacher pay implied that he prefers a plan under development by House leaders to provide a differentiated pay program that could create a path for select teachers to earn as much as $100,000. This would apply to far fewer teachers than the Senate’s plan and consequently carry a much smaller price tag.

School safety, mental health, and disaster response will each require further funding. Fortunately, the biennial revenue estimate delivered by Texas Comptroller Glenn Hegar in January projects legislators will have roughly $12 billion more than they budgeted the previous two years. It’s important to note that some of that money will be taken up by inflation and population growth. Some of the emergency items, such as disaster response, are prime targets for one-time spending from the Economic Stabilization Fund. The state’s “rainy day fund,” as it is often called, is projected to total $15.4 billion by the end of 2021.

School finance commission discusses initial recommendations

School finance commission meeting Dec. 11, 2018.

The Texas Commission on Public School Finance met Tuesday in Austin to discuss recommendations for the commission’s report, which is due to the legislature by the end of the month. The initial draft recommendations can be viewed here, and additional resources can be found here.

The draft report includes a recommendation that the 86th Texas Legislature “inject significant additional annual state revenue” through new strategic allotments and weights outlined in the commission’s report, including about $1.7 billion in specific areas. The report adds that for the purposes of new funding, members should note that an increase of $500 million in state funding is equal to a roughly 0.9 percent increase over the last budget biennium. This would be formula funding, targeted at the neediest studies, and tied to specific outcomes.

Commission Chair Scott Brister voiced reservations, suggesting that asking the legislature for significant additional funding is not the commission’s job. He later clarified that his chief opposition was to placing a dollar figure on additional funding. Several members pushed back, including House Public Education Committee Chair Dan Huberty (R-Houston), who said he would not sign a report that does not call for additional school funding.

The report also calls for reallocating $5.34 billion in existing funds to more impactful spending and greater system-wide equity. The commission recommends significant investment to substantially increase third grade reading levels. Outcomes-based funding would be targeted toward early literacy and post-secondary access of career, military, or higher education without remediation.

The commission is recommending a high-quality teacher allotment, initially funded at $200 million, for districts wishing to offer differentiated compensation to pay their most effective educators higher salaries sooner in their career. This would be contingent on districts creating locally-developed, multi-measure evaluation and compensation systems based on an outline created by the legislature. This includes the state setting a goal that top teachers have a path to a $100,000 salary and incentivizing districts to assign top teachers to the most challenging campuses.

Finally, the draft report calls for statutorily increasing the basic allotment, though it does not specify a specific amount. It calls for increasing the yield on “copper pennies” and compressing the rate in order to provide tax relief, as well as reducing the role of recapture in the school finance system. The report makes no recommendations regarding special education, instead suggesting that the current corrective action plan approved by the U.S. Department of Education should be completed before any additional reforms are discussed.

Discussing the commission’s major findings, Brister acknowledged that schools are being asked to do more than ever before. This includes higher security standards and providing for the physical and mental well-being of students in addition to educating them. He then asked to strike language from the report that says the state has failed to adequately fund public education.

After breaking for lunch, the commission returned for more in-depth discussion on individual recommendations. Commission member Todd Williams of the Commit Partnership in Dallas pointed out that the teacher compensation portion of the plan (Section D) does not include specific funding for strategic staffing such as that implemented by the Dallas ISD ACE program, which is intended to incentivize top teachers to teach at the highest-need campuses. Williams argued the evaluation system and strategic staffing system should be treated as separate and funded accordingly.

State Sen. Paul Bettencourt (R-Houston) then laid out the recommendations from the working group he chaired on revenues. The group’s primary recommendation is to adopt Gov. Greg Abbott’s plan to cap local property tax revenue growth. The plan suggests capping growth at 2.5 percent annually, and replacing revenue lost by school districts with state funding. The governor’s office does not specify how much this would cost or from where the replacement funding would come.

Texas Education Agency (TEA) Chief School Finance Officer Leo Lopez presented a chart addressing the three plans endorsed by Bettencourt’s group, which suggests that the governor’s plan would reduce local maintenance and operations (M&O) tax collections by nearly $1 billion and increase school district revenue by $300 million in 2020 at a cost of roughly $1.3 billion. By 2023, the governor’s plan is projected to reduce M&O tax collection by $3.7 billion while increasing school district revenues by $74 million. Lopez pointed out that this is primarily a tax relief plan, as opposed to a school finance plan, which explains why future funding is projected to flatten out.

The commission discussed the level of emphasis that should be placed upon the governor’s revenue cap plan. Members pointed out the interrelation of property taxes and school finance, as well as the need to focus on the commission’s statutory charge, which is to fix the school finance system. The governor’s plan alone would not change the fundamental mechanics of the school finance system.

Sen. Bettencourt has argued that the state’s coffers will be flush heading into the next budget cycle based on tax revenue from booming oil and gas production, but the state comptroller has yet to release a formal biennial revenue estimate (BRE) with hard numbers upon which to base a budget. State Rep. Ken King (R-Canadian), who represents oil and gas-dependent west Texas, cautioned against relying on oil and gas as a reliable, long-term funding source. A combination of the governor’s plan and the commission’s recommendations for additional public education spending could add up to a price tag north of $5 billion for the upcoming budget biennium.

The commission is scheduled to meet next Wednesday, Dec. 19, 2018, to vote on final recommendations. The commission is required by law to submit its report to the legislature by December 31.

ATPE’s Shannon Holmes facilitates teacher pay discussion

ATPE Executive Director Dr. Shannon Holmes moderated a panel discussion on teacher compensation Thursday at a conference for the Texas Association of Midsize Schools (TAMS). The discussion included state Reps. Gary VanDeaver (R-New Boston), who is a member of the Texas House Public Education Committee, and Travis Clardy (R-Nacogdoches), who filed a high-profile teacher compensation bill in 2017 during the 85th Texas Legislature.

Both representatives agreed about the need to increase teacher compensation, which has become a major topic of discussion heading into the 86th Texas Legislature. Some of the most serious plans proposed thus far have featured differentiated pay, in which top-performing teachers are eligible for higher paychecks. Rep. VanDeaver noted that the major concern with these plans revolves around how top-performing teachers are identified. ATPE has consistently warned that student test scores should not be the primary metric for this purpose.

Rep. Gary VanDeaver, ATPE Executive Director Shannon Holmes, and Rep. Travis Clardy at the TAMS conference on Dec. 6, 2018

Rep. Clardy acknowledged that a critical part of any raise this session will be identifying state funding for that purpose. Legislation addressing teacher pay during the 2017 special session did not include state funding and instead asked districts to pay for raises out of their own pockets, which effectively tabled the discussion.

The conference featured other panels related to public education, including one featuring state Reps. Diego Bernal (D-San Antonio) and Ken King (R-Canadian), both members of the House Public Education Committee, as well as State Board of Education (SBOE) Member Keven Ellis (R-Lufkin). All three serve on the Texas Commission on Public School Finance, which was created in part by the failure of a House-sponsored school finance reform bill last session. Rep. Bernal vowed that if the commission fails to come up with a real plan to reform the finance system before the new session begins, the House will come up with its own plan and challenge the Senate to pass it.

Thursday’s event furthered underscored the extent to which the focus will be on public education in the upcoming legislative session. Many lawmakers who have seemed uninterested in addressing school finance in the past are now championing reform efforts. Rep. King and others suggested Thursday that the results of the most recent election sent a strong message that Texas voters want legislators who will advance the interests of public education.

Teach the Vote’s Week in Review: March 30, 2018

The ATPE office is closed today, but here’s a look at this week’s education news:


As multiple committees and the Texas Commission on Public School Finance spend this interim looking at the issue of teacher compensation, ATPE is taking advantage of opportunities to share our expertise and our members’ feedback with lawmakers on the issue. This week, the Senate Education Committee took its turn at discussing teacher pay, and ATPE Lobbyist Kate Kuhlmann was one of the experts invited to testify at Monday’s hearing. Kuhlmann shared a number of things lawmakers should consider as they discuss any future plans to address teacher compensation in Texas, above all that those plans be funded, sustainable, and built from an adequate base.

For more on this week’s teacher compensation hearing, Kuhlmann has provided both a wrap-up of the discussion and a written summary of her testimony.

 


The federal government has approved a revised plan outlining how Texas will comply with the Every Student Succeeds Act (ESSA). After Congress enacted the law in December 2015 and the U. S. Department of Education (ED) issued regulations to interpret it, states have been required to submit their plans for ESSA compliance. Texas’s original plan was sent back for modification. For more on the final ESSA plan that has now been approved by the feds, check out this week’s blog post from ATPE Lobbyist Kate Kuhlmann.

 


ATPE testifies before school finance commission

The Texas Commission on Public School Finance met this morning, Feb. 22, in Austin to consider another round of testimony, this time largely focused on teacher quality. Chairman Justice Scott Brister began the meeting by announcing subcommittee assignments.

Texas Commission on Public School Finance meeting, Feb. 22, 2018.

The Revenue Committee will be led by state Sen. Paul Bettencourt (R-Houston) and include state Rep. Ken King (R-Canadian), Nicole Conley Johnson, Elvira Reyna, and Justice Brister. The Expenditures Committee will be led by state Rep. Dan Huberty (R-Houston) and include state Sen. Royce West (D-Dallas), state Sen. Larry Taylor, State Board of Education (SBOE) Member Keven Ellis (R-Lufkin), and Justice Brister. The Outcomes Committee will be led by Todd Williams and include state Rep. Diego Bernal (D-San Antonio), Dr. Doug Killian, Melissa Martin, and Sen. Taylor.

The first to testify was Texas Education Agency (TEA) Chief School Finance Officer Leo Lopez, who presented information that $28.8 billion of combined state, local, and federal funding was spent on instruction in 2016, which comprised 47.7 percent of total education spending. Rep. Huberty, who chairs the House Public Education Committee, pointed out that when factoring in instructional materials and other classroom supports, the 47.7 percent figure does not accurately capture the percentage of funding spent directly on students in the classroom.

Rep. Bernal, who is vice-chair of the House Public Education Committee, asked about the cost to the state that can be attributed to teacher turnover. Austin ISD Chief Financial Officer Nicole Conley Johnson answered that each teacher who leaves her district costs between $7,000 and $12,000, which doesn’t even address the negative impact on students. Teacher turnover has been estimated to cost the nation $2.2 billion per year.

The commission heard next from Dr. Eric Hanushek, a professional paid witness who has made a living for decades testifying in court against efforts to increase and equalize school funding, as well as advocating for private school vouchers. Hanushek laid most of the blame for poor student performance at the feet of teachers, but argued against increasing teacher pay. Member Ellis contended that there is a strong statistical relationship between total school spending and results, and that how much is being spent is at least of equal importance as the manner in which the money is spent. Several other commission members, including Conley Johnson and Rep. Bernal, pushed back on Hanushek’s attempts to minimize the importance of adequate school funding.

Dallas ISD Superintendent Michael Hinojisa testified regarding his district’s efforts to implement a robust performance-based pay system. The Dallas system provides teachers significant tiered pay increases based on performance. Rep. Huberty lauded the concept, but raised questions about cost and affordability. Hinojosa conceded that the program is unsustainable going forward, and as such is being “recalibrated” in order to bring costs under control. Hinojosa also pointed out that public school districts offer many “school choice” options, which include magnet schools and district transfers. According to data presented by Todd Williams, who advises Dallas Mayor Mike Rawlings on education policy, implementing Dallas ISD’s ACE program costs $1,295 per student, or roughly $800,000 per campus. The commission heard from several more witnesses describing various performance pay programs.

ATPE Executive Director Gary Godsey and Lobbyist Monty Exter testify before the school finance commission.

ATPE executive director Gary Godsey testified before the commission, and began by stating the obvious: Texas schools need more money. Godsey informed the commission that teachers often experience low morale, difficult working conditions, and the feeling they are underappreciated. Teacher turnover costs Texas an estimated $500 million per year. Some initiatives, such as mentorship programs, could reduce turnover with a minimal impact on school budgets. Regarding pay, Godsey testified that teachers are very concerned about efforts to repeal the minimum salary schedule (MSS), which guarantees a minimum level of pay for educators that increases over time. In addition to other low-cost initiatives to reduce turnover, Godsey suggested modifying funding weights and tracking the distribution of teacher quality. Regarding performance pay programs, ATPE Lobbyist Monty Exter testified that incentive pay must be complemented by adequate base pay and should not be tied solely to student test scores. Exter added that any incentive pay program must be financially viable in the long term in order to achieve buy-in from educators and administrators.

The final panel addressed prekindergarten programs, and witnesses emphasized the importance of pre-K in getting children prepared to learn and excel in elementary school. Witnesses testified that dollars invested in early education are dollars saved in remediation later on in a student’s educational career.

The commission is scheduled to meet next on March 7, followed by a March 19 meeting that will be open to comments from members of the public. Another meeting is scheduled for April 5.

From The Texas Tribune: Analysis: The political play behind Gov. Abbott’s call for $1,000 teacher pay raises

What’s an unfunded mandate look like? Is that when the state tells school districts to give teachers at $1,000 pay raise and doesn’t send the money to cover it?

The $120 million Gov. Greg Abbott vetoed from the state budget isn’t going to be enough to cover the teacher pay raises he says he wants the Legislature to approve during the coming special session, which is another way of saying that the state isn’t going to pay for it. That means local property taxpayers would have to cover the tab if lawmakers “give” each of the state’s 353,805 public school teachers another $1,000 per year.

It will take some serious salesmanship to move this proposal. It’s more than a question of where the money will come from, although that’s a perfectly good question. It’s not exactly clear where the money would go if the state could round up the money to spend.

Texas lawmakers have been steadily cutting the state’s share of public education costs for a decade. They started this cycle of school finance with the state paying about 45 percent, the federal government paying about 10 percent and local school districts paying the remaining 45 percent. The feds are still covering their dime, but the state’s share has slipped to 38 percent and the local share — the share that’s financed by that notoriously unpopular property tax — has risen to 52 percent.

That pattern hasn’t stopped, by the way: During the regular legislative session that ended on Memorial Day, state lawmakers approved a new two-year budget that spends less state money per public school student than the last budget. At the same time, those same lawmakers are shocked — shocked! — at the way property taxes are going up.

Add to those costs the idea of paying for $1,000 teacher pay raises and having the local districts paying for the hikes ordered by the state.

Read that again, while pretending your neighbors have elected you to the local school board: The state government is cutting its share of the cost of running your schools, ordering you to raise teacher pay and hollering at you for raising taxes. Thank you for your service!

An optimist might say that the school finance item on the governor’s special-session wish list could pry open the treasury enough to also pay for teacher raises, but that proposal is tangled up with another of Abbott’s requests: a voucher program for special-needs kids.

Yet there is much more to all of this than an unfunded $1,000 pay raise for teachers. The raises would average $1,000, but they wouldn’t necessarily be across-the-board hikes. Aides to and allies of the governor have been shopping around a merit pay plan that would base the size of teacher pay raises on teacher performance.

“It is a holistic change to how teachers would be compensated,” says state Rep. Dan Huberty, a Houston Republican who heads the House Public Education Committee. “My initial reaction was, ‘You gotta be kidding me.’”

Whatever you think about that, it’s a lot to bite off in a 30-day special session. Other issues on the governor’s agenda —school finance, using public money for private schools, regulating which kids use which restrooms — were all debated earlier this year. Hearings were held. Some will argue that those issues have been examined enough to justify the quick consideration a special session allows. That’s not the case with teacher pay — although school’s out, so they’d be certain to hear from teachers.

“This is a year’s worth of work that needs to be done — it’s a heavy lift in a special session,” Huberty says. “Is this a horrible idea? I don’t think anybody knows yet.”

The governor’s crew has a lot of arguments stacked up: College students don’t see teaching as rewarding, top teachers are leaving the profession, students do better with better teachers and Dallas schools — where Texas Education Commissioner Mike Morath was previously on the school board — had good results with merit-based pay raises.

Their arguments against the current payroll system center on lousy public school student performance on third- and fourth-grade reading tests, eighth-grade science tests and end-of-course algebra 1 exams; on low passing scores on SAT/ACT tests used by most colleges to assess student readiness; on the numbers of students who need remedial classes when they get to college; and so on.

It’s a start, but closing an argument on something as fundamental as teacher pay in 30 days — especially when it’s not part of a fresh debate from the regular session — is asking a lot of a Legislature busy with more familiar but similarly difficult issues.

Lawmakers have 19 legislative priorities aside from the pay raises. Still, they have 30 days. What could go wrong?

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/06/30/analysis-political-play-behind-gov-abbotts-call-1000-teacher-pay-raise/.

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.