Tag Archives: testing

Teach the Vote’s Week in Review: Sept. 13, 2019

Here’s this week’s education news wrap-up, courtesy of the ATPE Governmental Relations team:


SBOE Committee on School Initiatives meeting, Sept. 12, 2019

This week, members of the State Board of Education (SBOE) gathered in Austin to hold a series of meetings over Wednesday, Thursday, and Friday, which ATPE’s lobbyists have been attending. View the full SBOE agenda and additional information about this week’s meetings here.

To kick things off, the board on Wednesday discussed the Texas Resource Review (TRR) process, formerly known as the Instructional Materials Quality Evaluation (IMQE). Acting as a rubric for instructional materials for English Language Arts and Reading (ELAR) in grades 3-8, the TRR will serve as a type of “consumer reports”  resources for school districts and educators looking for quality instructional materials. Read a full recap of Wednesday’s board meeting in this blog post from ATPE Lobbyist Mark Wiggins.

Other topics of discussion during this week’s meetings of the board and its committees include a new procedure for nominating members to the School Land Board (SLB), the ed prep assessment pilot known as “EdTPA,” and the Generation 25 charter application that would establish charters with new operators as opposed to letting existing charter holders expand their operations. ATPE’s Wiggins has more on the discussion of these items in this blog post from Thursday.

The board will wrap up its September meetings today. The full board’s agenda for today includes hearing from Commissioner of Education Mike Morath. Read more about his remarks at today’s SBOE meeting, which covered accountability and new reading academy requirements, in this Teach the Vote blog post from ATPE Lobbyist Andrea Chevalier.

Commissioner of Education Mike Morath speaking to the ATPE Board of Directors, Sept. 7, 2019

The board also took time today to recognize outgoing chair Donna Bahorich for her leadership with an honorary resolution. This will be the last meeting over which Bahorich will preside, pending the governor’s naming of a new chair for the SBOE.

Related: Commissioner Mike Morath also visited the ATPE Board of Directors meeting in Pflugerville on Sept. 7, 2019. The commissioner updated the board on accountability ratings, discussed the issue of merit pay, and more.


This year’s legislative session saw a slew of bills relating to assessments, from their administration and content to their duration and much more. For an in-depth look at which laws from the 86th session will affect things like end-of-course exams, individual graduation committees (IGCs), and the length of standardized state assessments, check out this week’s blog post by ATPE Lobbyist Andrea Chevalier. On Monday, we’ll have a another new post for our ongoing “New School Year, New Laws” weekly series here on Teach the Vote. You can also learn more about many new laws affecting educators in this comprehensive digital guide compiled by ATPE’s legal staff.


The latest iteration of “HB 3 in 30,” the Texas Education Agency’s weekly video series that breaks down the signature education bill of the 86th session, focuses on reading practices. Click here to watch the most recent video and access all the prior videos in the HB 3 in 30 series.


It was announced this week that Harrison Keller will become the new Commissioner of Higher Education, following the recent retirement of Commissioner Raymund Peredes. The announcement came Wednesday after a unanimous vote by the Texas Higher Education Coordinating Board (THECB). Keller, who assumes the post on Oct. 1, has worked for the University of Texas and was a longtime education policy adviser to a former Texas Speaker of the House, Rep. Tom Craddick (R-Midland).


ELECTION UPDATE: Yet another big retirement announcement came today with Sen. José Rodriguez (D-El Paso) announcing that he will not seek re-election. An attorney, Sen. Rodriguez has described himself as the first member of his family to attend college. He was first elected to the Senate District 29 seat in 2010 and has also chaired the Senate Democratic Caucus.

Early voting for the upcoming November election begins on Oct. 21, just five weeks from now. For more information about what’s going to be on the ballot, check out our previous Teach the Vote blog posts on proposed constitutional amendments and some special elections that will be taking place on the same day. You can also use the resources provided by the Texas Educators Vote coalition to help ensure you are ready to vote. The deadline to register to vote for the November 5 election is Oct. 7, 2019.

New School Year, New Laws: Assessment

In last week’s “New School Year, New Laws” blog series penned by the ATPE lobby team, we discussed several bills passed during the recent 86th Legislative session that will impact curriculum and instruction. This week, the ATPE lobby team will address legislative changes adopted this year that pertain to how the state evaluates teaching and learning through assessment.

House Bill (HB) 1244 by Rep. Trent Ashby (R-Lufkin): Civics questions on U.S. History exams

HB 1244 alters the U.S. History end-of-course (EOC) exam by requiring that it include 10 questions randomly selected by the Texas Education Agency (TEA) and pulled from the United States Citizenship and Immigration Services civics test. This is the test that is used during the naturalization process. Does this mean there will be new curriculum standards (TEKS) for U.S. History? No, the bill specifies that TEA must ensure that the questions on the new exam will be aligned with the existing TEKS. Additionally, TEA will be required to issue an annual report that provides the questions, answers, and student performance regarding the 10 civics questions. Student performance data included in the report will be disaggregated by district and campus. HB 1244 applies beginning with students who enter the ninth grade during the 2019-20 school year.

HB 3906 by Rep. Dan Huberty (R-Kingwood): Multifaceted assessments

HB 3906 makes several test-related changes that are effective with the 2019-20 school year. First, with regard to mathematics assessments: the State Board of Education (SBOE) will determine the sections of the grades 3-8 mathematics assessments on which students can use technology aids. TEA can now prohibit the use of technology on certain parts of the Algebra I assessment. Additionally, students can now use a calculator application on a “computing device” (computer) in place of a graphing calculator.

With regard to how TEA designs assessments, the target time it should take a student to complete a distinct “part” of the test was shortened. For grades three and four, the test should be designed so that 85% of students can complete the part within 60 minutes (previously 120 minutes). For grades five through eight, 85% of students should be able to complete the part within 75 minutes (previously 180 minutes). Lastly, assessments and end-of-course exams can now be split into multiple parts administered over more than one day, and the tests may not be administered on the first instructional day of the week (typically Monday).

Also effective immediately, TEA is required to establish an integrated formative assessment pilot program. Districts can opt into the pilot program, which will be used to determine if formative assessments improve instructional support and if they could potentially replace current assessments. TEA will also begin creating a transition plan for the eventual electronic administration of assessments, develop electronic interim assessments for districts to use, and create both technical and educator assessment advisory committees to provide recommendations to the commissioner and TEA on assessment development.

Some provisions in HB 3906 will roll out in the coming years. The bill eliminates the STAAR writing tests given in grades 4 and 7, which will take effect on Sept. 1, 2021. Under federal law, states are required to teach and assess “reading or language arts.” Texas does assess reading and will continue to do so under HB 3906. Also, by the 2022-23 school year, the amount of multiple choice questions on assessments will be limited to 75% and assessments will be administered electronically pursuant to this bill.

Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo): Continuing the individual graduation committees

Individual graduation committees allow a student to graduate in the event that they have completed all curricular requirements but have not passed their EOCs, even with a re-test opportunity. Students complete remediation and a project or portfolio to demonstrate proficiency in the course. Ultimately, the committee considers a variety of factors before making a decision on whether the student can graduate. The committees first came into existence with the enactment of a 2015 bill also carried by Sen. Seliger, but the law permitting the use of the committees was scheduled to expire. This year’s SB 213 extends the use of individual graduation committees for another four years, until 2023. This bill took effect immediately upon its passage.

HB 3 by Rep. Dan Huberty (R-Kingwood): Test-related provisions in the school finance and reform bill

Earlier this year, a New York Times article and other media reports cited multiple studies indicating that State of Texas Assessments of Academic Readiness (STAAR) tests were written above grade level. Spurred by consternation over such media reports, Chairman Huberty included in his HB 3 language that calls for an “assessment instrument study.” This requires TEA to work with a public institution of higher education to determine if each STAAR test is written at the appropriate grade level. Texas Commissioner of Education Mike Morath is required to submit a report on the findings of this study by Dec. 1 of this year.

The outcomes-based funding mechanism in HB 3 that relies on indicators of college, career, and military readiness will include performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery (ASVAB). HB 3 also includes district reimbursement for the administration of certain college prep assessments. Finally, HB 3 requires districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.


If you’d like to learn even more about how these and other legislative changes may affect you and your classroom, we encourage you to check out ATPE’s brand new publication, “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.” This digital guide compiled by ATPE’s legal staff aims to help educators become aware of new laws affecting instruction, compensation, student discipline, and much more. Access the comprehensive guide here. Next Monday, visit ATPE’s Teach the Vote blog once again for more highlights from this year’s legislative session when we’ll be featuring new bills that impact special education in Texas.

New School Year, New Laws: Curriculum and Instruction

When the 86th Texas Legislature convened for its 2019 regular session, members of the state Senate and House of Representatives focused much of their attention on school finance and school safety. Issues that once held center-stage in a legislative session, like accountability, vouchers, and payroll deduction took a backseat (or weren’t even in the car). However, there were several bills passed this year that will impact teachers’ bread and butter – teaching and learning. In this week’s “New School Year, New Laws” post, we will fill you in on legislative changes impacting curriculum and instruction.

House Bill (HB) 391 by Rep. César Blanco (D-El Paso): Printed instructional materials

By law, parents are entitled to request that their child be allowed to take home instructional materials. Districts and charter schools must honor this request. However, in some cases, those instructional materials are online and the parents do not have the appropriate technology at home to access them. In this event, HB 391 dictates that the district or charter school provide the materials in print, which could be printouts of the relevant electronic materials. This law became effective immediately upon its passage.

HB 2984 by Rep. Steve Allison (R-San Antonio): Technology applications TEKS

Technology applications is part of the “enrichment curriculum” offered by school districts. HB 2984 directs the State Board of Education (SBOE) to revise the grades K-8 Texas essential knowledge and skills (TEKS) for technology applications, specifically by adding in curriculum standards for coding, computer programming, computational thinking, and cybersecurity. The SBOE must complete this task by Dec. 31, 2020, so be on the lookout for information from ATPE about opportunities to participate in the process and provide public comment.

HB 3012 by Rep. James Talarico (D-Round Rock): Providing instruction to students who are suspended

Most teachers have probably experienced what happens when a student is placed in either in-school or out-of-school suspension (ISS/OSS). The student often comes back to the classroom having missed days or weeks of instruction that can be hard to make up. HB 3012 requires districts to provide suspended students with an alternative means of accessing all “foundation curriculum” or core coursework (math, science, English language arts, and social studies). The district must also provide at least one option for receiving the coursework that doesn’t require access to the Internet. Whether or not this requirement for providing coursework will trickle down to the individual teacher level is still unclear. This bill became effective immediately.

HB 4310 by Rep. Harold Dutton (D- Houston): Time for scope and sequence

HB 4310 applies to the scope and sequence created by districts for foundation curricula. Under the new law, a district must ensure sufficient time for teachers to teach and students to learn the TEKS in a given scope and sequence. Additionally, a district cannot penalize a teacher who determines that their students need more or less time and thus doesn’t follow the scope and sequence. However, the law does say that a district can take action with respect to teachers who don’t follow the scope and sequence if there is documented evidence of a deficiency in their classroom instruction. This law became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): G/T programming and funding

The gifted and talented (G/T) allotment was eliminated in this year’s big school finance bill, HB 3, but the requirement that school districts provide G/T programming did not go away. When HB 3 was heard by the House Public Education and Senate Education committees, many parents and students testified on the importance of keeping gifted and talented programming and urged lawmakers to maintain the allotment. In response, Chairman Huberty and other lawmakers explained that funding for G/T through the allotment has been capped at 5% of average daily attendance, even though a district may actually enroll more than 5% of its students in G/T programs. As a result, every district essentially received the maximum amount possible. HB 3 rolls this amount into the new basic allotment as the mechanism for funding G/T, rather than having a stand-alone allotment.

To quell fears that G/T programs might disappear along with the allotment, HB 3 states that districts must provide a G/T program consistent with the state plan for G/T and must annually certify to the commissioner of education their compliance with the law. If a district does not comply, the state will revoke its funding in an amount calculated using the same formula for the old G/T allotment. The bill also requires districts to comply with the use of G/T funds as outlined in State Board of Education (SBOE) rule.

These changes to how G/T programs are funded took effect immediately upon the passage of HB 3. Learn more about the new G/T requirements and funding expectations in this “HB 3 in 30” video provided by the Texas Education Agency (TEA).

HB 4205 by Rep. Tom Craddick (R-Midland): Teacher effectiveness and value-added modeling in turnaround schools

HB 4205 was originally introduced as a bill to allow a campus in Midland ISD to be repurposed by a nonprofit entity while maintaining the same student population. As the bill made its way through the legislative process, it was expanded beyond Midland ISD and amended to include language from Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock) regarding accelerated campus excellence (ACE) plans. ACE is a campus turnaround option that prescribes personnel, compensation, and programming decisions meant to improve student performance. A last-stage amendment also added a requirement that personnel decisions under a school’s ACE turnaround plan must be made using a value-added model (VAM) for determining instructional effectiveness. After this change was made, which ATPE opposed, the House unfortunately voted to concur in the Senate amendments and the bill was signed by the Governor.

Under the final version of HB 4205 as passed, at least 60 percent of teachers assigned to the campus must have demonstrated instructional effectiveness during the previous school year. For teachers who taught in the same district in the prior year, this effectiveness standard is to be determined by classroom observation and assessing the teacher’s impact on student growth using VAM based on at least one student assessment instrument selected by the district. For teachers who did not teach in the district the previous year, instructional effectiveness will be determined by data and other evidence indicating that if the teacher had taught in the district, they would have been ranked among the top half of teachers there. Teacher pay under this type of plan must include a three-year commitment to provide “significant incentives” to compensate high-performing principals and teachers.

In the 2019-20 school year, the ACE provisions in HB 4205 will only apply to one district that received an unacceptable rating for 2017-18, as chosen by the commissioner of education. In 2020-21, the ACE option under HB 4205 will open up to all districts that have been required to complete a campus turnaround plan.

There are many aspects of this new law that ATPE opposes, which we expressed to lawmakers through oral testimony and written input on SB 1412 and HB 4205 as they were moving through the legislative process earlier this year. Our opposition was based on the following formal positions that have been adopted by ATPE members:

  • ATPE opposes the use of student performance, including test scores, as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation, or as the primary rationale for an adverse employment action.
  • ATPE believes students’ state-level standardized test scores should not be a component of teacher evaluations until such time as they can be validated through a consensus of independent research and peer review for that purpose.
  • ATPE opposes the use of value-added modeling or measurement (VAM) at the individual teacher level for teacher evaluation purposes or decisions about continued employment of teachers. (Learn more about our VAM concerns here.)
  • ATPE supports incorporating measures of student growth at the campus level or higher into evaluations of educators as long as the measures are developed with educator input, piloted, and deemed statistically reliable.
  • ATPE opposes incentive or performance pay programs unless they are designed in an equitable and fair manner as determined by educators on a campus basis.

Your ATPE Governmental Relations team will be monitoring these pieces of legislation as they are implemented.


Next Monday, we will continue ATPE’s “New School Year, New Laws” series here on Teach the Vote with a post on assessment-related bills passed during the 2019 legislative session.

TEA releases 2019 “A-F” accountability ratings

On Thursday, August 15, 2019, the Texas Education Agency (TEA) issued a press release announcing the 2019 “A-F” accountability ratings for Texas public school districts and campuses. Last year, A-F ratings were available for school districts only. Yesterday marks the first time that A-F accountability grades have been shared for individual campuses, too. The foundation for the A-F accountability system was created in 2013 under House Bill (HB) 5. In 2015 and 2017, the system was modified through HB 2804 by Rep. Jimmie Don Aycock (R-Killeen) and HB 22 by Representative Dan Huberty (R-Houston), respectively.

The A-F system was highly controversial among the education community in large part because it places a label of “failure” on schools, students, and educators based on a narrow view of school success. Additionally, many factors that strongly influence the outcomes that are measured by the A-F testing and accountability system are outside the scope of what educators can control. These include generational poverty, food insecurity, homelessness, family status, and adverse childhood experiences. For the reasons, ATPE opposed the inclusion of A-F ratings in the public school accountability system throughout the multiple legislative sessions in which it was developed.

Keeping in mind the limitations of the A-F accountability system for substantiating broad conclusions about the performance or effectiveness of schools, educators, and students, the ratings do lend themselves to some observations that can be useful for stakeholders to review. For example, a preliminary analysis of school district ratings shows that charter districts tend to have more C’s, D’s, and F’s than traditional districts. Eighty-six percent of traditional districts had either an A or B rating, compared to only 56 percent of charter districts. In fact, the percentage of charters rated D and rated F was six times and four times the percentage of traditional districts, respectively. It does appear that districts have overall improved since last year in the number rated A and B.

At the campus level, charter ratings are also more heavily weighted towards D and F. However, the overall percentage of schools that are rated A or B has increased since last year. Additionally, Texas Commissioner of Education Mike Morath stated that he is, “particularly proud of the 296 high-poverty schools that achieved an A rating this year.” The commissioner, several lawmakers, and members of the State Board of Education (SBOE) held press events around the state yesterday related to the announcement of the ratings.

ATPE representatives also participated in a number of interviews with the media to discuss the A-F accountability grades. In one news story yesterday about the A-F ratings of schools around central Texas, ATPE Lobbyist Mark Wiggins discussed the myriad additional factors beyond accountability grades that will need to be considered when measuring the future impact of this year’s major school finance and reform bill, House Bill 3.

Of course, much more information is needed to decipher the meaning and validity of these new A-F ratings. In the past, ATPE has urged caution in interpreting A-F ratings, especially due to their reliance on data from student test scores. The TXschools.gov website promoted by TEA is meant to help parents understand ratings and make comparisons. Stakeholders can find further resources from TEA here, including video presentations on each of the three domains used in the rating system. ATPE will continue monitoring the system and fighting to ensure that it is fair and meaningful to educators, school leaders, students, and parents.

Summary of SBEC’s meeting on July 26, 2019

On Friday, July 26, 2019, the State Board for Educator Certification (SBEC) met in Austin to take up a lengthy agenda that included approving rules to implement the EdTPA pilot program and discussing implementation of bills passed by the 86th Legislature, such as House Bill (HB) 3.

First, a note about SBEC procedure. Each agenda item that makes changes to rules takes three board meetings to move through SBEC. The board first brings up an item for discussion only, then formally proposes the rule at its next meeting and allows for a public comment period, and then finally adopts the rule at the third meeting. Additionally, under state law all adopted SBEC rules are subject to review by the elected State Board of Education (SBOE), which can take no action or veto a rule.

On Friday, SBEC approved two standard four-year rule reviews. The review of Title 19 of the Texas Administrative Code (TAC) Chapter 233, which establishes the certificate classes for classroom teachers (e.g. 4-8 Science, Music EC-12, etc.), and the review of 19 TAC Chapter 244, which outlines the qualifications, training, and acceptable criteria for educator appraisers, were approved.

The board also adopted items that will now make their way to SBOE, including revisions to the criteria that school districts use to assign teachers. The assignment rules are based on the certificates held by teachers, which sometimes change, and the rules must also reflect the addition of new courses, such as Ethnic Studies. For instance, someone with an 8-12 History certification could be assigned to teach a high school Ethnic Studies classroom. Also headed to the SBOE are revisions to the program requirements for educator preparation programs (EPPs) that would create an optional, intensive pre-service preparation and certification pathway; provide guidance for EPP name changes after a change in ownership; and require educators seeking certification in two areas to have clinical teaching experience in both. Lastly, the board adopted revisions to certification and testing requirements including the incorporation of the new intensive pre-service option; including the portfolio assessment EdTPA as a testing option; and updating the fees to include EdTPA and the subject-matter-only assessments used for the Pre-Admission Content Test (PACT) route (discussed below). Interestingly, the board adopted an amendment proposed by board member Tommy Coleman to clarify in the rule language that the EdTPA assessment option is strictly a pilot.

Board members next took up agenda items for proposal of new rules and the authorization of a public comment period on those. One set of proposed rules includes changes to the Accountability System for Educator Preparation Programs (ASEP), which will provide for new commendations for high-performing EPPs; adopt the EPP accountability manual into rule; clarify how EPPs are accredited; allow SBEC to require an EPP to complete an action plan as a sanction for low performance; and make additional technical changes. Additionally, the Board proposed revisions to EPP admission requirements to implement Senate Bill (SB) 1839, HB 2039, HB 3349 that were passed by the 85th Legislature in 2017. The rule changes would add admission requirements for the Early Childhood through Grade 3 (EC-3) and Grades 6-12 Trade and Industrial Workforce Training certificates created by those bills. The revisions would also allow candidates to take subject-matter-only assessments for their PACT if they don’t have the commensurate coursework and minimum 2.5 GPA that is required to enter an EPP. Currently, candidates can gain admission through a content pedagogy test, which tests for teaching strategies that the candidate hasn’t been exposed to yet. These items will be eligible for public comment from August 23 to September 23, 2019, and published in the Texas Register.

Since the 86th Legislature just ended its session in May, SBEC must act quickly to approve changes in order to meet the implementation date of several bills that were passed this year. Therefore, a couple items on the board’s agenda went straight to the proposal stage, skipping the initial discussion phase in order to save time. These include rule changes to implement the following bills:

  • SB 1200 by Sen. Donna Campbell (R-New Braunfels), which allows for military spouses licensed in other states to teach in Texas.
  • HB 3 by Rep. Dan Huberty (R-Kingwood), which repeals the master teacher certificates as of September 1, 2019. Any candidate wishing to gain or renew a master teacher certificate must do so by August 30, 2019. Any current certificates will remain valid up until their expiration date. Please see the Texas Education Agency’s information on master teacher certificates here for more detail.

The Board also took action on two non-rule “board items,” which were discussed at the previous meeting and are effective immediately upon approval. One of these was to approve the ability of the Region 13 Education Service Center (ESC) to offer a Reading Specialist Certification, which is a different class of certification from the master teacher certification. The other item was to name members who will serve on an advisory committee for the newly proposed special education certifications. These certifications would improve upon the current, broad special education certificate by creating a deaf/blind supplemental certificate and multiple new certificates that are more specialized by grade level and the degree of support needed by students.

The following items had been up for discussion at Friday’s SBEC meeting but were moved instead to the board’s October meeting agenda:

  • Proposed changes to educator disciplinary proceedings, sanctions, and contested cases to implement the provisions of HB 3, SB 1230, SB 1476, and SB 37 as passed by the 86th Legislature. Collectively, these bills will impact reporting requirements for superintendents, principals, and directors of public and private schools regarding educator misconduct; create a do-not-hire registry; and remove student loan default as a ground for discipline by SBEC. The anticipated rule changes would also permit SBEC to deny certificates to educators who have abandoned their contract within the past 12 months. This will cover intern and probationary certificates, which SBEC loses jurisdiction over once these 12-month certificates expire.
  • A board item meant to allow the Board to discuss the EPP continuing approval process, which includes procedures for review and update of EPP standards and requirements.
  • A board item to discuss the upcoming educator certification test development updates to current content pedagogy tests. The Principal as Instructional Leader assessment was one of the updated tests and is set to become operational on July 29, 2019. Other new tests will roll out into 2021 and beyond.

The last agenda item, a legislative update, was skipped at Friday’s meeting because members agreed that it had been adequately covered in a July 25th SBEC work group session. Bills impacting SBEC rulemaking as passed by the 86th Legislature include HB 3, HB 18, HB 403, HB 2424, SB 37, SB 241, SB 1200, SB 1230, and SB 1476. All of these except for HB 3’s Science of Teaching Reading certification requirements are now set to be discussed at the October 4, 2019 SBEC meeting. See a detailed table of SBEC’s proposed timeline for implementing provisions of each of these bills here. Stay tuned to Teach the Vote for future updates.

Commissioner updates SBOE on HB 3 and other education bills

Texas Commissioner of Education Mike Morath updated the State Board of Education (SBOE) today, June 12, 2019, on recent bills passed by the 86th Texas Legislature affecting public education. His remarks included comments on the major school finance and reform bill, House Bill (HB) 3.

Commissioner Morath began with a review of HB 3906, which makes several changes to how state assessments are delivered. Intended do reduce test anxiety, the bill bthis blog post from the ATPE lobby team.

Under HB 3, TEA is required to enter into a memorandum of understanding (MOU) with a public institution to study the STAAR and ensure that the assessment meets certain criteria: It is to be written at the appropriate reading level; should only include content aligned with the Texas Essential Knowledge and Skills (TEKS) for that grade level or earlier grades; and should only include passages written at or below the reading level of the grade level for the assessment. This report is due to the legislature by December 1, 2019.

Commissioner Mike Morath addressing SBOE members on June 12, 2019.

The commissioner provided the board with a high-level review of the main components of HB 3, which the agency estimates will provide an average increase of $635 per student in average daily attendance (ADA). You can read the full analysis of HB 3 by ATPE’s lobbyists here.

Aside from new legislation, Commissioner Morath indicated that the agency has found the financial resources to follow through with the SBOE’s request to create a charter school transparency website, which will provide easy access to more information on charter schools. A beta version of the website will be available by spring 2020. This segued into a discussion on TEA’s process of reviewing applications for new charters, and the commissioner walked the board through the five applications he has recommended for approval, which were announced late last week. SBOE member Ruben Cortez (D-Brownsville) pointed out the short notice and requested that the agency provide its charter recommendations further ahead of time.

SBOE member Barbara Cargill (R-The Woodlands) asked the commissioner to review the incentive pay program created under HB 3. Morath noted that local school districts will be able to develop programs based upon the current T-TESS evaluation system, with Texas Tech University tasked with reviewing districts’ programs for quality control. The commissioner added that while “master” teacher designations were envisioned as roughly the top five percent of teachers based on performance, the bill requires that the system enable all teachers to be mathematically able to qualify for the designation. Commissioner Morath pointed out that HB 3 requires that 90 percent of a district’s incentive pay funding must be used to increase the salary of teachers working on the campus at which the incentive pay program is in place, though not necessarily each teacher. With that in mind, Morath suggested that districts could “craftily invest in a teacher group.”

After the commissioner spoke, TEA’s governmental relations team updated the board on how the SBOE’s legislative recommendations fared during the 2019 legislative session. Hunter Thompson walked members through changes the legislature made to governance of the Permanent School Fund (PSF), which the board oversees, as well as incentives to hire and retain teachers, which Thompson suggested were included in the provisions of HB 3. Thompson also credited HB 3 with accomplishing a number of objectives laid out in the board’s Long-Range Plan (LRP) for Public Education. SBOE chair Donna Bahorich (R-Houston) and member Keven Ellis (R-Lufkin) suggested in the future that the board may consider drafting legislative recommendations earlier in order to spend more time educating legislators about those issues in the run-up to a legislative session.

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Changes to student testing are coming in light of legislation passed

The 86th Texas Legislature passed a number of measures that will have an impact on standardized testing of students in our public schools.

First, House Bill (HB) 3, the omnibus school finance and tax reform bill carried by Rep. Dan Huberty (R-Houston) contains some sections related to student testing. Most notably, the bill calls for an “assessment instrument study,” which requires the Texas Education Agency (TEA) to work with a public institution of higher education to determine if each State of Texas Assessments of Academic Readiness (STAAR) test is written at the appropriate grade level. Commissioner of Education Mike Morath is required to submit a report on the findings of this study by December 1 of this year.

HB 3 also included changes to testing that will affect districts, such as an outcomes-based funding mechanism that relies on indicators of college, career, and military readiness of each annual graduating class within a district. These indicators include student performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery. HB 3 also includes district reimbursement for college prep assessments and requirements for districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.

Fortunately, the final version of the school finance bill that passed does not include earlier language proposed by the Senate that would have tied a merit pay program for teachers more directly to the performance of their students. In fact, the final bill expressly prohibits the commissioner from requiring districts to use assessments to evaluate teacher performance in local teacher designation systems. ATPE and others urged lawmakers to remove such merit pay language from HB 3, fearing that it would lead to a statewide ranking of teachers based largely on data drawn from student scores on high-stakes tests that were never designed to be used as measures of educator effectiveness.

A major stand-alone testing bill, HB 3906, was also unanimously passed by the legislature and is awaiting a signature by Gov. Greg Abbott. The bill, similarly carried by Rep. Huberty, maintains the concept of a maximum time limit on STAAR tests in grades 3-8, but allows for the tests to be broken into smaller sections that would be administered during the school year rather than on a single day. Backers of the bill hope that multiple smaller tests will give the assessment more of a formative approach rather than forcing students to take a single, summative high-stakes test that has been cited as creating undue stress for students. Opponents, on the other hand, are concerned that breaking up the tests increases the overall number of testing days.

HB 3906 left the Senate with provisions that created a combined reading and writing “language arts” test. However, this concept was stripped from the final version of the bill, which simply eliminates the STAAR writing tests given in grades 4 and 7. This change will not take effect until September 1, 2021. The bill also prohibits giving STAAR tests to students on the first instructional day of the week, and requires a transition to electronic assessments after TEA conducts a study of how feasible this transition might be.

Under HB 3906, TEA is also required to develop non-multiple choice questions to round out STAAR tests due to the bill’s new 75% limit on multiple choice questions. Additionally, TEA will be required to establish an integrated formative assessment pilot program that districts can opt in to, which will be used to determine if these assessments improve instructional support and if they could potentially replace current assessments. TEA is also required under HB 3906 to develop interim assessments for districts to use, presumably as test prep, and to create both a technical and educator assessment advisory committee that would provide recommendations to the commissioner and TEA on assessment development.

The legislature also passed a few smaller bills related to testing this session, such as Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo), which extends the use of individual graduation committees for another four years, until 2023. This ATPE-supported bill has already been signed into law by Gov. Abbott and takes effect immediately.

Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) and HB 1891 by Rep. Lynn Stucky (R-Denton) have passed the legislature and await the Governor’s action. HB 1244 changes the U.S. History end-of course exam by requiring it to include 10 randomly selected questions from the United States Citizenship and Immigration Services civics test. TEA is required to ensure that these questions are aligned to the Texas Essential Knowledge and Skills (TEKS) and will provide annual reports with the answers to the questions and student performance. HB 1891 allows students who meet the required score on a high school equivalency exam, such as the General Education Diploma (GED), to be exempt from the Texas Success Initiative Assessment (TSIA). The required score will be set by the Texas Higher Education Coordinating Board.

ATPE will be watching the implementation of these bills as they roll out and begin to affect districts, teachers, and students. Stay tuned!

Teach the Vote’s Week in Review: May 24, 2019

We’re down to the final stretch of the 86th legislative session, and there’s been major breaking news about education bills in the last 24 hours. Here’s a look at this week’s headlines from the ATPE Governmental Relations team:


Legislators have reached a deal on priority legislation to address school finance, property tax relief, and teacher retirement funding. The deal was announced in a press conference yesterday afternoon by, Governor Greg Abbott, Lieutenant Governor Dan Patrick (R-Houston), and Speaker of the House Dennis Bonnen (R-Angleton), along with the House and Senate conferees on House Bill 3 (Senators Larry Taylor, Donna Campbell, Jane Nelson, Kirk Watson, and Royce West and Representatives Dan Huberty, Trent Ashby, Diego Bernal, Mary Gonzalez, and Ken King). They happily announced that negotiations had concluded and a compromise had been made on the school finance bill, House Bill 3; the property tax bill, Senate Bill 2; and Senate Bill 12 pertaining to the Teacher Retirement System (TRS).

Architects of the compromise provided reporters with an explanatory flyer highlighting its elements, which can be viewed here, and ATPE Governmental Relations Director Jennifer Mitchell reported on the announced deal on our Teach the Vote blog yesterday, and we’ve got updated information about the bill posted on our blog today.

As of this Friday afternoon, the final conference committee reports on these bills had not been released to the public, so many of the finer details about the agreement remain unknown. Meanwhile, we know that the school finance bill raises the basic allotment, aims to reduce recapture by 47% over the next two years, and caps the rate of local school district property tax increases at 2.5% starting in the year 2021. The plan is said to raise the state’s share of education funding from its current level of 38% up to 45%.

The final version of HB 3 also aims to increase pay to some educators by providing additional funding to districts through a $140 million merit pay program and various other allotments. Teacher pay was another of Gov. Abbott’s emergency issues so declared earlier this session, along with school finance reform. To the extent that the compromise bill raises funding for school districts generally, HB 3 requires school districts to spend a significant portion of those increases to improve compensation. The final version of HB 3 does not include any across-the-board pay raise requirements, however.

The agreement on SB 12 is expected to raise the state’s contribution to the TRS pension program in order to make it actuarially sound and provide current retirees with a 13th check. While the amount of the 13th check will vary, it is believed that the average amount of this payment will be around $2,000. The state is also increasing funding for TRS-ActiveCare, which will help active school employees with their healthcare costs.

Check out our lobbyists’ latest comprehensive blog post here for more detail on what is in the final versions of these high-profile bills. As we enter the final days of the session, don’t forget to follow the Teachthevote.org blog and our Twitter account for the most up-to-date information about the bills.


Legislation aimed at improving school safety and providing for mental health interventions for students is one step closer to passing. The issue was one of the emergency items Governor Abbott declared during his State of the State address in January.

After dying on a technicality earlier this week, a major mental health bill, Senate Bill 10 by Rep. John Zerwas (R- Richmond), was brought back to life when major portions of it were grafted onto another bill late on the night of the House’s deadline for passing bills on second reading. The carrier bill is Senate Bill 11, this session’s major school safety bill. SB 10 which would create a Texas Mental Health Consortium of mental health professionals from universities and health care providers around the state in order to identify children with mental illness and connect them to resources. SB 11 requires more training for school resource officers and encourages teaching students about how to prevent domestic violence, in part.

Yesterday afternoon both the House and Senate voted to send the newly expanded SB 11 to a conference committee.


Aside from House Bill 3, another bill pertaining to student testing remains pending and is generating a lot of attention among educators this week. ATPE Senior Lobbyist Monty Exter reports that HB 3906 by Rep Dan Huberty (R – Kingwood) as amended by the Senate dramatically impacts STAAR and remains pending at this late stage of the session.

As originally filed, HB 3906 primarily broke what are large, single day, tests into smaller tests that could be administered over multiple days, with those days falling over a number of weeks or even months. All of the mini-tests would have to fit within the same time frame as the current STAAR test they are meant to replace. The goal was to reduce student stress, allow for the test to be closer in time to the content being taught, and make the information gleaned from the test more useful to students and teachers during the school year in which the test is given.

The Senate put a number of additional provisions into the bill. The most controversial provision is a move from third through eighth grade reading tests, which do not include an integrated writing test, to third through eighth grade language arts tests, which do include embedded writing tests. There are currently stand-alone writing tests in fourth and seventh grades. The new format could certainly be viewed as an increase of four additional writing tests.

There have been conflicting reports on tests that are required by federal law. The federal Every Student Succeeds Act (ESSA) does not require ANY state-level writing tests. In fact, the US Department of Education sent the Texas Education Agency (TEA) a letter informing the agency that Texas was out of compliance with federal law because it included two standalone writing tests as requirements.

In addition to the new writing tests proposed in HB 3906, the Senate also added the following provisions to the bill:

  • Third-grade STAAR results as disaggregated by Pre-K attendance to be added to the state’s early education report;
  • A prohibition against STAAR testing on a Monday;
  • A limit on multiple choice questions to no more than 75 percent;
  • State-developed benchmark tests;
  • A requirement to administer the vast majority of the STAAR test electronically by the 2022-23 school year, as well as a transition plan;
  • Creation of a new Assessment Advisory Committee; and
  • A study on STAAR testing.

Due in large part to what they see as in an increase in testing, parents and teachers alike have been calling on their legislators to oppose this bill. As a result, the House voted on a motion from Rep. Huberty to send HB 3906 to a conference committee today.

ATPE encourages those who are willing to continue advocating with regard to HB 3906 to consider calling out specific provisions, such as the additional writing assessments for deletion from the bill while recommending that more favorable components be passed into law. ATPE members are reminded that they can use Advocacy Central to easily contact their legislators by phone, email, or social media.


 

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.