Tag Archives: TEA

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.

From The Texas Tribune: Federal officials tell Texas to go beyond plan for special education overhaul

By Aliyya Swaby, The Texas Tribune
Oct. 19, 2018

Federal officials tell Texas to go beyond plan for special education overhaul” 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.

Jean Gearhart gives a tearful statement with her husband Troy Gearhart to the panel about her special needs child. U.S. Department of Education officials held a meeting in Edinburg on their tour of Texas to hear community members’ experiences with special education. Photo by Eddie Seal for The Texas Tribune

Federal officials said Texas should be doing even more to improve special education — and they’re planning a visit early next year to check.

In a letter Friday, officials from the U.S. Department of Education dissected Texas’ proposed plan for overhauling special education for kids with disabilities — in many cases urging state officials to do even more than they had originally planned. Earlier this year, a thorough investigation found Texas had failed to provide students with disabilities with a proper education, violating federal special education law, and demanded it undertake a long list of corrective actions to shape up.

After finalizing a plan in April, the Texas Education Agency has to date dramatically changed the structure of its departments overseeing special education, hired about 40 people to staff them (including a new special education director), and posted a long list of grants totaling more than $20 million to help school districts overhaul their policies. It anticipates spending an additional $3 billion over the next few years as more students enroll in special education.

“TEA has already completed more than half of the required activities in that Corrective Action Response,” Commissioner Mike Morath said in a statement Friday. “We continue to adhere to a commitment to transparency and engagement throughout the plan’s implementation.”

In Friday’s letter, federal officials okayed some parts of Texas’ improvement plan, which they noted outlines many “necessary steps” the state is taking to address their findings.

But they also said Texas should do more to make sure school districts understand how to comply with federal special education law. The investigation uncovered many educators who misunderstood what the law said about identifying students with disabilities and providing them with the right educational services.

The letter said TEA should take a “representative sample” of school districts and thoroughly review their policies and procedures for identifying students who may need special education. It also should specify how it will identify and hold accountable school districts that do not comply with federal law.

Parent advocates have argued school districts don’t make information available to them about how to make sure their children can access the appropriate special education services.

The Department of Education told the TEA to ensure state officials provide information to parents on their rights and responsibilities under federal special education law in their native languages, unless it’s “clearly not feasible to do so.” The TEA should also come up with a specific process for how it will make sure school districts communicate with families of students who may have been denied special education services in the past, “through means other than postings on websites.”

Federal officials plan to review the progress Texas has made and will work with the TEA to schedule an in-person monitoring visit in early 2019.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/10/19/federal-officials-tell-texas-go-beyond-plan-special-education-overhaul/.

 

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.

Teach the Vote’s Week in Review: Oct.12, 2018

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


The deadline to register to vote for the upcoming general election was on Tuesday, October 9. Texas saw a record breaking surge in registered voters with 15.6 million people registering to vote by Tuesday’s deadline. Now that the deadline to register has passed, it’s time to get down to the heart of the matter: the candidates and the issues. Texans, educators especially, owe it to themselves to walk into polling stations fully informed on where candidates stand on issues like teacher pay, school finance, health care, and retirement. Use the “Candidates” section of TeachtheVote.org to learn more about the candidates in your district. You can also use Vote411.org to generate a personalized sample ballot ahead of election day. Knowing is half the battle.

 


The House Appropriations committee met on Tuesday to discuss school safety measures and the progress of TEA’s corrective action plan for students with special needs. Hearing testimony from Santa Fe ISD administrators on how they’ve implemented improved school safety measures following the tragic shooting there earlier this year. TEA Commissioner Mike Morath testified to the committee that the agency had requested a $54 million exceptional item as part of it’s legislative appropriations request (LAR) but members questioned how far that amount would go when spread statewide. With regards to the corrective action plan aimed at providing children with special needs the access to the services they require staff testified that additional funding would be needed and that at this time there is not enough trained staff available to evaluate children for special needs services. Find out more in this blog post by ATPE Lobbyist Mark Wiggins.

 


 

SBEC meets to discuss trade and industrial certification, superintendent certificate

The State Board for Educator Certification (SBEC) is meeting in Austin today. ATPE is here to testify and cover the meeting, with a particular focus on two agenda items.

The first item is one that we have reported on thoroughly. The 85th Texas Legislature passed HB 3349 in 2017, which created an abbreviated educator preparation program (EPP) pathway for certain candidates interested in obtaining a new certificate titled the Trade and Industrial Workforce Training Certificate. As SBEC worked to implement the bill via rule, ATPE expressed significant concerns with pieces of the rule that failed to maintain high standards for EPPs in Texas. SBEC ultimately adopted the language without the changes we and other teacher organizations requested. However, as the State Board of Education (SBOE) reviewed the rule, members of the board shared ATPE’s concerns and unanimously rejected the proposal, sending it back to SBEC for further review.

SBEC adopted a new proposal today, and ATPE appreciates that the changes address many of our concerns. Specifically, the proposal addresses three key concerns:

  1. It now maintains a focus on critical pre-service hours by honoring the same 180-hour structure that is required of all other candidates entering the classroom.
  2. It no longer expands the abbreviated program path to the Marketing and Health Science certificates.
  3. It now ensures only EPPs are able to provide training.

The fourth issue we raised, regarding the fact that the proposal fails to prevent these new certificate holders from becoming certified in any other field simply by taking a certification exam without the additional training required of all other candidates, will be addressed at a future SBEC meeting.

ATPE also closely watched an agenda item today regarding a review of the rules pertaining to the Superintendent Certificate. This rule has seen a lot of action in recent years with some seeking to create a non-traditional pathway that fails to require prior experience in public education (including teaching experience) and advanced education. ATPE has consistently opposed such a pathway for Superintendents and recently submitted comments to the board encouraging them to reject any efforts to create the pathway. The Texas Association of School Administrators also attended the meeting today and shared ATPE’s position to maintain the current rule without changes. The board had a positive conversation regarding the importance of administrators as instructional leaders. We will continue to monitor this issue to ensure teaching experience, along with strong managerial experience and educational background, is stressed as key to the success of superintendents.

SBEC meets again in December.

Congress passes education budget

Congress passed a funding bill today that averts a looming government shutdown and, among other spending, includes FY 2019 funding for the U.S. Department of Education (ED). The measure now heads to President Trump for his signature.

Under the spending measure, the overall federal education budget is increased based on current levels, with major programs like Title I and special education seeing program specific bumps. President Trump asked for more than $7 billion in overall budget cuts to ED in his budget request to Congress earlier this year. Congress’s education budget also largely ignores his request to funnel north of $1 billion to various school choice programs, but does include increased funding for charter school grants.

The bill increases funding levels for a grant aimed at creating safer schools. Despite efforts from Democrats, a prohibition on using certain funding under the Every Students Succeeds Act (ESSA) to arm teachers in schools did not make it into the bill. Texas has been at the center of the debate following questions from Texas school districts asking whether Title IV ESSA funding could be used to arm teachers. At a hearing on ESSA held by the Senate Health, Education, Labor, and Pensions Committee yesterday, the issue again garnered significant attention. Education Secretary Betsy Devos has maintained that the law offers districts considerable flexibility and does not specifically prohibit spending on arming teachers.

President Trump said earlier today that he will sign the measure, which keeps the government running through December 7 and also funds the Defense, Labor, and Health and Human Services Departments.

 

Teach the Vote’s Week in Review: Sept. 14, 2018

It’s been a busy week in Austin. Here are highlights from the ATPE Governmental Relations team:


SBOE meeting Sept. 14, 2018.

Today culminates the end of a jam-packed week for the State Board of Education (SBOE), and ATPE’s lobby team was there throughout the week to testify and provide updates on the board’s activities for our Teach the Vote blog. Here are some highlights:

First, on Tuesday the body began its week by convening to discuss controversial social studies TEKS (Texas Essential Knowledge and Skills) that have been the subject of much political debate and social media attention. The board also took time on Tuesday to discuss its Long Range Plan for Public Education (LRP), which sets objectives for education through the year 2030. ATPE Lobbyist Mark Wiggins was on hand to commend the group on its thoughtful process, but also to suggest that the board take steps to increase the rigor of Educator Preparation Programs (EPPs) and insist that teacher pay not be too closely linked to evaluations and test scores. Perfecting amendments to the plan, most of which were in line with ATPE’s desired outcomes, were offered by SBOE Chairwoman Donna Bahorich.

The board kept its momentum going into Wednesday when it discussed special education and school funding. With an update from Commissioner of Education Mike Morath, the board learned that quite a bit of progress had been made on the state’s corrective action plan for special education with 70% of vacant positions filled. Morath also announced that TEA would be reviewing its contracting process, which comes after the Texas State Auditor’s office lobbed criticism at the agency for questionable contracting practices. Morath briefed the board on the A-F ratings that were given to school districts earlier this year. He also noted the decline in “IR” or “Improvement Required” districts across the state. Lastly, Morath informed the board of TEA’s Legislative Appropriations Request (LAR), which included two exceptional requests for funding for compensatory services for districts (in order to help them comply with the SpEd corrective action plan) and $50 million in funding for health and safety, $20 million of which is to be earmarked to comply with the governor’s school safety plan.

Later Wednesday afternoon, the SBOE also approved the funding distribution from the Permanent School Fund (PSF) for the 2020-21 biennium. Funds will be distributed at a rate of 2.75%. SBOE members expressed concerns regarding the deposit of funds into the Available School Fund (ASF) by the General Land Office (GLO), a move that will result in districts receiving $225 million less per year than normal. Several members of the board suggested actions in response to this action, including asking the GLO to reverse its actions and requesting that the GLO provide extra funding to cover the interest of the distribution.

On Thursday, the SBOE Committee on School Initiatives met to consider a rule proposed by the State Board for Educator Certification (SBEC) that would offer accelerated paths to certification for certain skill sets. The elected SBOE has statutory authority to review all rule actions taken by SBEC, a board whose members are appointed by the governor. SBOE members may veto SBEC rules but cannot make changes to them; SBEC rules for which the SBOE takes no action automatically become effective. For this week’s meeting, ATPE Lobbyist Mark Wiggins testified against the SBEC rule change regarding certain teaching certificates on the grounds that it exceeded the scope of the 2017 legislation upon which it was based, House Bill (HB) 3349. The rule change, as approved by SBEC earlier this summer, would have allowed certain educators to circumvent 300 hours of training in areas like pedagogy that are essential to normal pathways to certification. Members of the SBOE committee unanimously recommended rejecting the SBEC rule, and the certification rule change was ultimately rejected by a unanimous vote from the full SBOE board today, which will force SBEC to reconsider its action on implementing HB 3349.

Lastly, the full board met today to approve the first draft of language for the LRP, deciding to wait until November for final approval. SBOE members also finalized a formal letter to the GLO requesting that it cover the funding shortfall caused by its actions. Read more about the board’s actions in today’s blog post from ATPE Lobbyist Mark Wiggins.


As we have reported previously on Teach the Vote, ATPE has been an advocate for programs and resources to help prevent youth suicide. In 2015, we successfully advocated for the passage of an educator training bill aimed at preventing student suicides. Still, suicide, especially among Texans age 15-34, persists as a public health problem despite laws passed to prevent it. In this news feature by CBS Austin’s Melanie Torre this week featuring ATPE Lobbyist Monty Exter, Torre examines why the risk of teen suicide is still on the rise in Texas.

 


With the 2018 general election inching closer, and a major special election already underway his week in one San Antonio-area legislative district, ATPE wants to remind educators about the importance of voter turnout. Earlier this week, Texas Secretary of State Rolando Pablos released a statement urging voters to make sure they are registered to vote before the October 9th deadline. Pablos encourages Texans to plan their trips to the ballot box and to make sure they know what’s on their ballots.

“Prepare yourself, inform yourself, and empower yourself” – Rolando Pablos, Texas Secretary of State.

There’s a lot at stake this fall. We urge educators to view and share ATPE’s nonpartisan election resources here on Teach the Vote, including searchable profiles of every candidate vying for the Texas Legislature, State Board of Education, Governor, or Lieutenant Governor in 2018.

Meanwhile, early voting has already begun and continues through this evening in the special election runoff  to fill the vacant seat in Texas Senate District 19. Those SD 19 residents who miss early voting should play to get out and vote during their last change on Tuesday, Sept. 18th. The candidates in the runoff happening now are Democrat Pete Gallego and Republican Pete Flores. Find polling locations and additional information, courtesy of the Bexar County Elections Department, here.

Tuesday’s special election results and the outcomes of several high-profile races on the ballot in November could dramatically change the outlook for education bills moving through the Texas Legislature, and particularly, the Texas State Senate. In recent sessions, Lt. Gov. Dan Patrick has used the combination of a Republican super-majority in the Senate and his heavy-handed brand of managing the upper chamber to usher though a bevy of anti-public education bills, such as private school voucher proposals and legislation to take away educators’ rights to use payroll deduction for their voluntary association dues. How those same types of bills fare in 2019 will depend on the outcome of this fall’s elections. In this new post, ATPE Lobbyist Mark Wiggins breaks down the calculus of voting this fall.


ThinkstockPhotos-465016790_moneyThis week also proved to be insightful in terms of previewing discussions we’ll hear during the 2019 legislative session about both the state’s education budget and efforts to reform our school finance system.

Both the Texas Education Agency (TEA) and the Teacher Retirement System of Texas (TRS) laid out their Legislative Appropriations Requests (LARs) to the Legislative Budget Board this week. Details and links to video footage of TEA Commissioner Mike Morath and TRS Executive Director Brian Guthrie explaining their respective requests can be found here. ATPE Lobbyist Monty Exter provided additional analysis in this blog post.

Also this week, the Expenditures Subcommittee of the Texas Commission on Public School Finance convened to vote on their recommendations for the full commission. A breakdown of the committee’s goals, which include putting more funding into the basic allotment and shifting funds away from programs not directly tied to educational programming, can be found in this blog post by ATPE Lobbyist Monty Exter.

 

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.

Teach the Vote’s Week in Review: Sept. 7, 2018

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


Testifying at the House Appropriations Subcommittee on Article III this week, ATPE Lobbyist Monty Exter advocated for an expansion of the list of free and near-free drugs covered by TRS-Care. The subcommittee, which met Wednesday, oversees the state’s education budget, including the Teacher Retirement System’s pension fund and health insurance. A persistent lack of funding over the years has lead to an increased burden on both active and retired educators who have seen healthcare premiums rise with no increase in the percentage contributed to their pensions. The urgent need for more funding and resources for the TRS system will be a hot button issue during next year’s 86th Legislative Session, one that ATPE lobbyists will be tackling head on. Find out more about Wednesday’s subcommittee hearing in this article by ATPE Lobbyist Mark Wiggins.

 


The 2018 general election is right around the corner, but even closer than that is a special election runoff in Texas Senate District 19 (SD 19). The special election was called when former Sen. Carlos Uresti stepped down following his felony conviction. While all Texans are not be able to participate in this one special election, all Texans will feel the effects of its outcome as San Antonio residents decide who will take one of the Texas Senate’s 31 seats.

Next Monday through Friday, Sept. 10-14, voters in the district that runs from the greater San Antonio metroplex to the tiny town of Orla, Texas, will have a say in whether Democrat Pete Gallego or Republican Pete Flores represents them in the state’s upper chamber when the legislature convenes in January. For those who miss early voting, the special election runoff for SD 19 will take place Tuesday, Sept. 18, 2018.

 


The Texas Education Agency (TEA) posted its Legislative Appropriations Request (LAR) this week ahead of formally presenting it to the Legislative Budget Board next Wednesday. LARs lay out all of an agency’s intended expenditures for the upcoming biennium and are, as a group, the basis for what will eventually become the state budget. TEA’s LAR includes not only agency-level spending but also all of the funding that flows through the Foundation School Program and out to school districts. As has been the case in the past, the TEA document includes a statement about reductions in the anticipated level of state spending based on the reliance on an assumed increase in local property tax collections. For the upcoming biennium, the agency is assuming the state will supplant $1.5 billion in state revenue by relying on these local dollars. ATPE released the following press statement in response.


The House Public Education Committee released its preliminary report on school safety this week. The report follows the release of similar interim documents by a Senate committee and Gov. Greg Abbott, but the House report is unique in its focus on directing state funding to accomplish a number of goals aimed at preventing future tragedies like the school shooting in Santa Fe, Texas.

The report is the result of several interim hearings held over the summer at the direction of Texas House Speaker Joe Straus and committee chairman  Rep. Dan Huberty (R-Kingwood). Read a summary of the report’s findings and take a look at the full report itself in this post by ATPE Lobbyist Mark Wiggins.


The Texas State Board of Education (SBOE) is scheduled to meet Tuesday through Friday of next week, and the agenda includes a formal look at its Long-Range Plan for Public Education.

The plan is the result of more than a year of meetings and stakeholder input, which includes in-person conferences and an online survey seeking guidance from educators and community members all over the state. The final product includes recommendations related to attracting and retaining educators and lifting up the education profession. Follow ATPE Lobbyist Mark Wiggins on Twitter (@MarkWigginsTX) for updates on the plan, which will be discussed on Tuesday.

 

Does Gov. Abbott want to spend more on schools?

Election season is truly magical.

There’s just something about the seething mercury, the colorful proliferation of yard signs, and the specter of an existential showdown that awakens a – dare we call it – miraculous clarity in political combatants seeking votes.

When else can one witness folks who’ve spent the past 20 months fighting in bitter opposition to a particular set of constituents suddenly discover a deep love for the values they hold? The Lord works in mysterious ways.

It’s no surprise that we’re now hearing support for improving the school finance system from unexpected corners. To a certain degree, it’s positive evidence that educators are being heard, and that the powers-that-be realize that there is more to gain by working with the education community than working to dismantle it.

That doesn’t mean that efforts to dismantle it behind the scenes will stop. In politics as in statistics, things tend to revert toward the mean. The governing happens long after the polls close. Nonetheless, election season opens a brief window of opportunity to use our seat at the table to advance the conversation.

Let’s apply this lens to the latest Dallas Morning News opinion column by Gov. Greg Abbott (R-Texas), with the promising headline, “Texas must boost school funding.” The key passage summarizing Gov. Abbott’s message is as follows:

“We need to pay our best teachers more, reward teachers and districts for student growth, prioritize spending in the classroom and reduce the burden of skyrocketing property taxes. I’ll add up front that I believe the state will have to provide more funding.”

That last line seems to offer an acknowledgment of what we in the education committee have known for some time, but which many in the Capitol have resisted mightily.

The problem, of course, is that many of the people who have opposed investing more state dollars in public education have falsely argued that the state is already increasing education spending year over year. They point to raw dollars going back to a low-water point in 2006 in order to obscure the reality of the deliberate and steady erosion of state support for local schools. Troublingly, Gov. Abbott takes this very tack in writing that “overall education spending in Texas has increased by more than 50 percent since 2006, and the state is contributing 29 percent more education funding per student in that time period.”

Let’s look at that claim.

The numbers in the latter half of that statement come from a Texas Education Agency (TEA) presentation before the Texas Commission on Public School Finance. The headline of the slide below seems to confirm the governor’s assertion, but look at the orange line indicating funding adjusted for inflation. It clearly shows that in terms of purchasing power, total per-student funding has risen only slightly since 2006, and is roughly equal to per-student funding in 2008. (Click the image to view a larger version.)

Source: Texas Education Agency

What’s perhaps more telling is the blue bar indicating how much funding the state has contributed. I’ve added the red brackets and red horizontal line to make the minute changes easier to see. You can tell that the raw dollar amount the state has contributed has actually decreased slightly since 2008 – and that’s not even adjusted for inflation.

To get to the inflation-adjusted number, we look at the Legislative Budget Board’s (LBB) Fiscal Size-up for the 2016-2017 biennium. In the chart below, we can see how spending from local property tax revenue (circled in green) has increased, while state aid (circled in blue) has changed little from 2008 levels. In total constant dollars adjusted for inflation (near the red arrow), we see that total funding has in fact decreased.

Source: Legislative Budget Board

The governor also wrongly suggests that funding is not making it into classrooms. According to the TEA’s 2016-17 Pocket Edition statistics, districts only spend an average of 3.1 percent on administrative costs.

To his credit, the governor advocates that increases in funding should go to teachers. No disagreement there. His idea is to implement a system in which top-performing teachers can earn significantly higher pay by teaching in areas facing the most need – similar to the “ACE” system tested in Dallas ISD. It’s a conversation that’s worth having, provided that educators are involved in the process and that the system doesn’t rely primarily on student test results to identify those “top-performing” teachers.

Governor Abbott also suggests moving away from a per-pupil funding model and, implicitly, toward a more outcomes-based approach. This is problematic for a variety of reasons, not the least of which is identifying which metrics with which to measure student performance and the threat of schools faced with the most significant socioeconomic challenges receiving even less support.

Finally, the governor writes that school finance reform must be accompanied by reforms in property taxes. It’s true the two are inextricably intertwined.

Increasing the state’s share of public education funding is the surest way to provide relief in property taxes. The governor proposes forcing taxing entities to lower their rates as appraisals go up, with the state presumably stepping in to make school districts whole. That’s a lot to presume, especially to do so in perpetuity.

Districts could hardly be blamed for wanting to see the legislature commit money up front before committing to voluntarily lower their tax rates – and it will take a sizable appropriation to shift the burden back toward the state in a way that will be meaningful to local property owners. School board members are politicians too, and they don’t want to be blamed for high taxes any more than their counterparts in Austin.

So what does it all mean? Does the governor’s column signify a dramatic reversal of his stance on public education, and school finance in particular? Does it mean he’s ready to stop attacking educators through anti-teacher payroll deduction bills and focus on improving teacher pay instead?

At a minimum, the governor is now talking about public education as an important priority, and that’s a good thing. The onus is on us to engage respectfully yet forcefully, and to shape the conversation, to the extent we can, by correcting inaccuracies and providing meaningful input. At best, we hope the governor will listen to educators and incorporate our feedback, even after the elections are over.

Of course, just as election season begins in the frantic furnace of summer, it ends in darkness on a winter night. When the legislature returns in January, we’ll all be faced with cold reality.

Teach the Vote’s Week in Review: Aug. 24, 2018

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


Last week, Lt. Governor Dan Patrick sent a letter to the Teacher Retirement System of Texas (TRS) insisting that the body not raise insurance premiums on retired educators. ATPE Lobbyist Monty Exter breaks down why many feel the letter is nothing more than a political stunt in this blog post.


Donna Bahorich

Texas State Board of Education Chair Donna Bahorich will be participating in a listening session for the Federal Commission on School Safety on Tuesday, August 28, 2018, in Montgomery, Alabama. This listening session is the fourth in a series of panels that have been held across the nation with the goal of devising strategies to improve school safety. Tuesday’s afternoon event will be live-streamed. Find more information and read the press release in its entirety here.


U.S. Education Secretary Betsy DeVos is reported to be considering allowing the use of federal funds from Student Support and Academic Enrichment Grants to arm educators. The grants are intended to improve academic achievement; however, nothing expressly forbids the funds from being used to purchase firearms. In the wake of recent school shootings the Texas Education Agency (TEA) received a number of inquiries asking whether the funds could be used for such measures. Wile the agency never received an official response from the Department of Education, the proposal may very well become legitimized. You can learn more in this article from the Texas Tribune.


This week the Texas Education Agency (TEA) announced a proposed rule change filed by Commissioner Mike Morath regarding students who’ve taken high school end-of-course (EOC) assessments in middle school. Students in grades 3 through 8 who are enrolled in a course that awards high school credit may currently take STAAR EOC assessments prior to entering high school. This includes Algebra I, English I, and English II. However, the federal Every Student Succeeds Act (ESSA) requires all students to take a math and reading or language arts test in high school.

In order to satisfy this federal requirement, the new rule will require schools to use the SAT or ACT to assess high school students who completed their math or English EOC assessments before their freshman year. This change is expected to cost districts about $50 for each student tested in this way, which number an estimated 109,000 statewide. The total statewide impact is therefore estimated at $5.45 million. The new rule appears in today’s Texas Register and you can read it in its entirety here.