Tag Archives: Texas Higher Education Coordinating Board (THECB)

House Public Education Committee hears 31 bills on playgrounds, pre-K, and more

House Public Education Committee meeting, April 23, 2019

On Tuesday, April 23, 2019, the House Public Education Committee heard 31 bills relating to a variety of topics, including the use of school counselors’ time, special education evaluation notices, the role of the fine arts curriculum, and creating inclusive playgrounds that are accessible to all students.

ATPE supported several bills considered at the hearing, including:

  • House Bill (HB) 142 (Moody, D-El Paso): Would require TEA to develop a notice for distribution and internet posting that includes reporting changes for special education indicators and the rights of children to special education evaluation. Would also require districts to include additional information on the notice about initiating a referral for special education services. Rep. Moody stated that there is money set aside in the proposed state budget to accomplish the goals of his bill.
  • HB 727 (Gonzalez, M., D-Clint): Would require that school boards adopt a policy requiring school counselors to spend at least 80% of their time on core counseling duties. If the district can’t meet this requirement, the policy must include reasons why, duties the counselor will have to do, and set the actual percentage in the policy.
  • HB 1763 (Blanco, D-El Paso): Would add children of educators employed by school districts to the eligibility list for free pre-kindergarten.
  • HB 4030 (Dominguez, D-Brownsville): Would provide funding for school districts to provide at least one playground in the district that is inclusive and accessible for students with disabilities.
  • HB 4414 (Allison, R-San Antonio): Would require TEA to develop a rubric for Regional Education Service Centers (ESCs) to use for identifying resources related to student mental health. ESCs would be required to use the rubric and report back to TEA. TEA would also have to create a statewide inventory of mental health resources and a statewide plan for student mental health.

During Tuesday’s hearing, ATPE also provided written testimony against HB 3623 by Rep. Matt Schaefer. The bill would affect teachers employed under continuing contracts, making them eligible to stay in their jobs only if the majority of their students meet a “minimum growth standard” to be determined by the district and approved by the Commissioner. ATPE testified that HB 3623’s reliance on an unspecified “minimum growth standard” hints at the use of value-added modeling (VAM), which has been widely criticized as a tool that improperly uses students’ standardized test scores for high-stakes purposes. ATPE also pointed out that many teachers do not teach tested subjects or grades. ATPE’s testimony also questioned what the due process protections would be for affected teachers whose students do not meet the standard. In the hearing, Rep. Schaefer faced questions from Reps. Allen, Gonzalez, and Talarico on the vagueness of what “growth” means in the bill and on the importance of other non-academic factors. Read ATPE’s written testimony on HB 3623 here.

The following bills were also heard by the House Public Education Committee on Tuesday:

  • HB 535 (Neave, D-Dallas): Would require students to complete the Free Application for Federal Student Aid (FAFSA) or Texas Application for State Financial Aid (TAFSA), in order to graduate, with some exceptions. Rep. Neave noted that this was recommendation #27 in the Texas Commission on Public School Finance final report issued last year.
  • HB 2217 (Raymond, D-Laredo): Would provide that school boards do not have to hear complaints concerning parent participation in extracurricular activities that do not involve a violation of a right.
  • HB 2526 (Leach, R-Plano): Would enable students whose parent(s) reside within the school district to be granted automatic admission. Rep. Leach shared that this bill would fix the predicament of his constituent who had the district boundary line in her backyard.
  • HB 3005 (Talarico, D-Round Rock): Would open college preparatory math and English language arts courses to 11th graders who demonstrate that they would otherwise be unable to take it in their 12th grade year and complete the requirements for high school graduation. Rep. Talarico said the bill was requested by Pflugerville ISD.
  • HB 3025 (Talarico, D-Round Rock): Would allow districts or schools to provide parents with a facilitated meeting with the school counselor regarding accepting or declining a special education evaluation on behalf of the student, should the parent dispute the referral. Rep. Talarico said this bill was brought to him by special education advocates.
  • HB 3026 (Talarico, D-Round Rock): Would require that school districts with 400 or more students have a ratio of 400:1 students to behavioral health professionals (which includes school counselors, licensed specialists in school psychology, social workers, and licensed professional counselors). The bill also outlines duties of the mental health professional within the school setting.
  • HB 3153 (Raymond, D-Laredo): Would allow a nepotism exception for a teacher in a subject or geographic area certified as a critical shortage area.
  • HB 3179 (Stucky, R-Denton): Would require the Commissioner to adopt rules to allow districts to submit information in the Public Education Information Management System (PEIMS) on the cost of assessments, including administration, participation, preparation, and training.
  • HB 3316 (White, R-Hillister): Would expand the campus crime stoppers program by adding school districts and charters to the entities that a crime stoppers organization reports to, as well as adding threats to public safety or an individual to the activities that the crime stoppers report on. This bill would also add a student advisory member to the program.
  • HB 3344 (Bucy, D-Austin): Would add fine arts to the required foundation curriculum. Rep. Bucy stated that students in fine arts have better educational outcomes.
  • HB 3452 (Dutton, D-Houston): Would require the Commissioner to evaluate all dropout recovery schools under the alternative education accountability system, and to only consider performance at the level of “approaches grade level.” The “closing the gaps” domain would be used for reporting purposes only.
  • HB 3489 (Cole, D-Austin): Would require TEA to create a task force on sex-based harassment in schools to evaluate and provide recommendations and best practices, including school district professional development.
  • HB 3651 (Davis, Y., D-Dallas): Would require the Commissioner to conduct a study on the relationship between district size, cost, and academic effectiveness.
  • HB 3851 (Lang, R-Granbury): Would require the Comptroller to publish and maintain a list of unfunded mandates and report to the legislature on findings about the benefits and costs of each mandate.
  • HB 3880 (Wilson, R-Marble Falls): Would transfer the duty to develop and provide information to students about steroids from the State Board of Education (SBOE) and TEA to the Department of State Health Services Mental Health and Substance Abuse, in conjunction with the University Interscholastic League (UIL).
  • HB 3888 (Ramos, D-Richardson): Would add suicide to the conditions addressed by the school health advisory council (SHAC). Would also add require SHACs to provide strategies to increase parental awareness regarding risky behaviors, early warning signs of suicide risks, and available community programs and services to address these. The bill would require districts where at least 70% of the students are educationally disadvantaged, homeless, or in foster care to develop and implement a plan to increase parent and student knowledge of behavioral health disorders and treatment options.
  • HB 4094 (Beckley, D-Carrollton): Would require districts to make at least one attempt by phone or e-mail during each week of a student’s meal account grace period to make arrangements with the parent for payment of a negative balance and help the parent complete an application for free or reduced price lunch (FRPL). After the grace period ends, the district may allow the student to continue purchasing meals or provide alternative meals at no cost. The bill would also allow districts to pay a negative balance using donations.
  • HB 4186 (Sanford, R-McKinney): Would create the “Next Generation Commission on Digital Learning” to make recommendations for a framework for digital teaching and learning in public schools following the same structure as last year’s school finance commission.
  • HB 4302 (VanDeaver, R-New Boston): Would prohibit issuance of subpoenas for audio/video surveillance of special education settings unless they meet under Texas Education Code (TEC) Section 29.022. Rep. VanDeaver cited a case  in which video was subpoenaed to observe the “educational record” of a student that did not involve complaints of abuse or neglect. Only cases of abuse or neglect were the focus of the original intent of the video camera law enacted in 2015.
  • HB 4313 (Dominguez, D-Brownsville): Would require the UIL to create an adaptive sports program for students with disabilities.
  • HB 4324 (VanDeaver, R-New Boston): Would allow the Commissioners of both TEA and the Texas Higher Education Coordinating Board (THECB) to approve a format of electronic submission of student records, such as the Texas Records Exchange (TREx), that allows for the transfer and efficient and effective extraction of data elements from student transcripts.
  • HB 4383 (Bohac, R-Houston): Would require school districts and charters to prepare a list of instructional materials provided to students that cover each Texas Essential Knowledge and Skills (TEKS) element. This list would be part of an existing annual certification that each district and charter school must submit to the SBOE and Commissioner.
  • HB 4578 (Gervin-Hawkins, R-San Antonio): Would require the SBOE, TEA, and stakeholders to enter into a memorandum of understanding on the development of culturally inclusive instruction.
  • HB 4589 and HJR 150 (Anchia, D-San Antonio): Would add a “global competitiveness” objective to the public education mission in the Texas Constitution by stating that students will earn a post-secondary credential after high school. This bill would also require that each legislature establish standards that public schools must satisfy and align then with the state’s “60×30” plan, which provides that by 2030, at least 60 percent of Texans ages 25-34 will hold a certificate or degree.

At the end of Tuesday’s House Public Education Committee hearing, Chairman Huberty announced that the committee will meet again on Wednesday afternoon, April 24, to vote on pending bills that have already been heard. He added that next week the committee will meet to hear mainly Senate bills that have made their way over to the House and been referred to House Public Education. Up to this point, the committee has not yet heard any public testimony on Senate bills, so stay tuned!

House Public Education reviews grab bag of school bills

The House Public Education Committee met Tuesday to consider a score of bills touching a variety of subjects. Chairman Dan Huberty (R-Houston) began the hearing by referring the following bills to the Subcommittee on Educator Quality, chaired by Rep. Ken King (R-Canadian): HB 49, HB 218, HB 331, HB 333, HB 460, HB 816, HB 972, HB 1255, HB 1403, HB 1469 and HB 1485.

The day’s testimony began with HB 1291 by state Rep. Charlie Geren (R-Fort Worth), which would add “American principles” to the Texas Essential Knowledge and Skills (TEKS). The TEKS would include the study of the Founding Fathers of the United States, the Declaration of Independence, the United States Constitution, the Bill of Rights, and the Federalist Papers. ATPE supports this bill.

HB 639 by state Rep. Charles “Doc” Anderson (R-Waco) would authorize districts to obtain health benefit plan, liability or auto insurance for partner businesses and students participating in CTE programs. Anderson suggested insurance is important in the event of accidents related to CTE instruction.

HB 1645 by state Rep. J.M. Lozano (R-Kingsville) would require school districts that offer varsity letters to adopt a policy that allows students to earn a letter for participating in a Special Olympics event. ATPE supports this bill.

HB 69 by state Rep. Ryan Guillen (D-Rio Grande City) would require each school district and open-enrollment charter school to include in the Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who are required to be tracked by the Residential Facility Monitoring (RFM) System and are receiving educational services from the district or school.

HB 264 by state Rep. Ana Hernandez (D-Houston) would require TEA to continue until 2020 providing outreach materials to districts required under Section 28.015, Education Code, regarding public school curriculum changes under House Bill 5, which passed in 2013. The section includes explanations of the basic career and college readiness components of each endorsement, requirements to gain automatic college admission, and financial aid requirements for the TEXAS grant and the Texas Educational Opportunity Grant Program. The section is currently set to expire September 1, 2018.

HB 452 by state Rep. Joe Moody (D-El Paso) would require report cards to include the number of students in each class. ATPE supports this bill.

HB 728 by state Rep. Bobby Guerra (D-Mission) would create an advanced computer science program that would satisfy the curriculum requirements for a third math or science credit.

HB 1270 by state Rep. John Smithee (R-Amarillo) would allow schools to excuse student absences for the purpose of visiting a military recruitment center. A similar provision currently allows for excused absences to visit a college or university campus.

HB 136 by state Rep. Cecil Bell (R-Magnolia) would include a CTE objective under the public education objectives enumerated in Section 4.001(b), Education Code. The text would read, “Objective 11: The State Board of Education, the agency, and the commissioner shall assist school districts and charter schools in providing career and technology education and effective workforce training opportunities to students.”

HB 1389 by state Rep. Helen Giddings (D-Dallas) would include prekindergarten in the 22-student class size limit currently in effect for kindergarten through grade four. The bill would result in smaller class sizes for schools that are currently over the limit, but would not carry a significant fiscal impact to the state budget. ATPE supports this bill.

HB 710 by state Rep. Gene Wu (D-Houston) would extend free half-day prekindergarten to full-day for the same set of eligible students. Research has shown early childhood education improves student learning through the elementary grades, leading to improved educational outcomes overall. According to the fiscal note, the change would cost $1.6 billion over the 2018-2019 biennium. ATPE supports this bill.

HB 620 by state Rep. Jeff Leach (R-Plano) would allow districts the option of moving the school start date to the second Monday in August, up from the fourth, and require instruction time measured in minutes, as opposed to days. This would allow districts more flexibility in scheduling, provide additional time to prepare for first semester assessments, and allow for earlier summer release. No fiscal impact to the state is anticipated. ATPE lobbyist Monty Exter testified in support of the bill, pointing out that current restrictions can be burdensome when it comes to predictably and adequately allocating instruction time.

HB 729 by state Rep. Dwayne Bohac (R-Houston) would integrate character traits instruction into the TEKS, and require a center for education research to study the effects of character traits instruction on student attendance and disciplinary problems. Bohac suggested emphasizing positive character traits would improve school performance overall. ATPE lobbyist Monty Exter testified in favor of the bill, noting that statewide standards would eliminate the patchwork implementation of character traits instruction.

HB 404 by state Rep. Rafael Anchia (D-Dallas) would create higher education curriculum review teams charged with reviewing changes to the TEKS. Currently, the State Board of Education (SBOE) appoints TEKS review committees composed largely of K-12 teachers, as well as up to seven “experts” as defined by board rules. This bill would define a process and expert panel with at least five years of higher education teaching experience in the relevant subject or a doctorate in education. The panel would be selected the Higher Education Coordinating Board and higher education commissioner, which would insulate the experts from the appearance of political influence. The bill would also protect the panel’s recommendations by setting a two-thirds vote threshold for SBOE.

Rep. Anchia described the bill as “a work in progress.” ATPE lobbyist Mark Wiggins testified in favor of the bill, and advocated for ensuring that K-12 educators have a meaningful impact on the process as well. Recently, SBOE has taken steps to improve its TEKS review process, and ATPE supports a collaborative effort to codify improvements in statute in order to ensure the success of future reviews.

HB 539 by state Rep. Gary VanDeaver (R-New Boston) would allow the children of military service members to enroll full-time in the state virtual school network. According to TEA, roughly 12,000 students, about 0.3 percent of the state’s total enrollment, are currently enrolled in the virtual school network. Approximately 63,500 military dependents are enrolled in grades three through twelve. The Legislative Budget Board assumes 0.5 percent, or 318 students, would enroll in the virtual school network. Based on that, the fiscal note assumes the change would cost an additional $5.3 million – which Chairman Huberty and Rep. Morgan Meyer (R-Highland Park) disputed, suggesting the expense was overstated.

HB 367 by Vice-Chairman Diego Bernal (D-San Antonio) would expressly allow schools to donate surplus unserved cafeteria food to hungry children on campus through a third-party non-profit. Some schools already do this, but this bill would guarantee that right in statute and give rulemaking authority to the commissioner of education. No significant fiscal implication to the state is anticipated.

HB 357 by Chairman Huberty would extend free prekindergarten eligibility to the children of anyone eligible for the Star of Texas Award for police, firefighters and emergency medical first responders killed or seriously injured in the line of duty. According to the fiscal note, no significant impact on the budget is expected. ATPE supports this bill.

All those bills were left pending.

The board unanimously approved HB 223 by state Rep. Donna Howard (D-Austin), which would provide districts the option of providing childcare services or assistance with childcare expenses to students at risk of dropping out through the existing compensatory education allotment. Since the allotment provides a set amount of funding, the change would not fiscally impact the state. The bill will head to the House floor next.

The committee also resumed consideration of HB 21, House leadership’s priority school finance bill that would add $1.6 billion to public education. Huberty warned that without HB 21, the budget would effectively fund $140 less per pupil and there would be no plan for dealing with the expiration of ASATR.

Noting he has had numerous meetings with stakeholders, Huberty suggested hardship grants for districts losing ASATR could be stair-stepped. Additional transportation funding could be capped at five percent of the total spend, Chapter 41 districts at 15 percent and ASATR at 80 percent, or $100 million in 2018 and $60 million in 2019. Discussing whether lawmakers should offer more or less flexibility regarding grant fund allocation, TEA recommended erring on the side of being more prescriptive in order to provide clear direction.

For the 327 school districts whose property taxes are maxed out at $1.17, the committee entertained testimony suggesting raising the yield on “copper pennies.” It’s important to note that the more the state spends on public education in general, the less school districts will be forced to rely on local homeowners for funding. In other words, real property tax relief – not the bumper sticker kind, but meaningful relief – begins with putting more state money into public education.

Concluding the hearing, Chairman Huberty signaled his intent to vote on a committee substitute at next Tuesday’s hearing. That meeting will focus on bills dealing with public school accountability, including “A though F.”

SBEC votes to water down superintendent certification standards, looks to baseball and business for guidance

SBECIf you visit the website of the Texas Education Agency (TEA) and look up its description of the State Board for Educator Certification (SBEC), you’ll read that SBEC “was created by the Texas Legislature in 1995 to recognize public school educators as professionals and grant educators the authority to govern the standards of their profession.” For multiple legislative sessions, SBEC has been threatened with the possibility of being disbanded by the legislature through the sunset review process. Again and again, educator groups have come to the defense of SBEC, defending educators’ rights to set the standards for their own profession through a board that is made up primarily of educators. That’s why it’s disappointing when SBEC takes actions that are so clearly inspired by outside business interests and those with no education experience whatsoever. Today, unfortunately, was one of those days, as SBEC took a step that will make it easier for individuals with no education experience to take on important leadership roles in public education.

SBEC is holding its regular meeting today, Aug. 7. Shortly before lunch, the board voted to give preliminary approval to a rule change that would allow someone to become a school superintendent despite having neither experience as a classroom teacher and principal nor managerial experience. The change was apparently instigated by one of two stakeholder groups that TEA convened late last year to recommend revisions to 19 TAC Chapter 242, Superintendent Certificate, Rule §242.20 on “Requirements for the Issuance of the Standard Superintendent Certificate,” and Rule §242.25 on “Requirements for the First-Time Superintendent in Texas.” One stakeholder group was believed to be composed primarily of business leaders, which favored allowing non-educators to fill superintendent vacancies. An additional stakeholder group made up of administrators and school board trustees also made a recommendation to the board, but their recommendation only allowed for non-principals who have three years of specific managerial experience within a school district to seek superintendent certification. That latter recommendation was also included as a separate pathway to superintendent certification. Neither pathway, however, would require any teaching experience.

ATPE Lobbyist Kate Kuhlmann

Kate Kuhlmann

At today’s meeting, ATPE Lobbyist Kate Kuhlmann testified that successful superintendents need both teaching and managerial experience. “Every superintendent needs a strong understanding of how education works, the needs of every student, and how administrative influence can change educational outcomes,” Kuhlmann told the board. “This is something that can only be gained from first-hand experience in the classroom.” Sharing input from an ATPE member who serves as an assistant superintendent, Kuhlmann outlined the types of daily decisions made by superintendents that require both managerial experience and the “perspective of classroom teaching.” ATPE was the only educator group to testify against the proposed rule change for new superintendents today.

The most outspoken advocate on the board for the rule change to allow “non-traditional” superintendents to be hired without need for a waiver was public SBEC member Laurie Bricker of Houston. Bricker expressed her belief that school boards should have authority to hire someone like Michael Dell or Bill Gates to serve as a their superintendents. She authored a last-minute substitute motion, ultimately accepted by the board, that removed language that would have required a school board of trustees to post publicly its reasons for hiring any such “non-traditional” superintendent under the new rules being proposed today. Dr. Rex Peebles, Assistant Commissioner for the Texas Higher Education Coordinating Board, who serves as a non-voting member of SBEC, spoke against that change, arguing that transparency to the community and especially to faculty members working within the school district should be required. Bricker rejected a suggestion by SBEC member Suzanne McCall, a teacher, to add a requirement for TEA to approve the hire of any “non-traditional” superintendent, which McCall viewed as an extra layer of oversight and protection. Bricker was adamant that elected school board trustees alone should have blanket authority for hiring superintendents. Another public member who serves on the SBEC board, Leon Leal, compared the proposal to Major League Baseball, arguing that professional baseball teams have been very successful after being given authority to hire managers who were not former players.

In the end, SBEC members McCall and Kathryn Everest, a school counselor, were the only ones to vote against the motion to water down the superintendent certification rules. Next, the proposed rule change will be published for public comments and SBEC will have another opportunity to approve it on second and final reading at its next meeting. Stay tuned to Teach the Vote for updates.

In more positive news, the board approved allowing at least one classroom teacher and one counselor to serve on its Educator Preparation Advisory Committee (EPAC). The request to add teacher representatives to the existing committee was made by ATPE’s Kate Kuhlmann in testimony today. The committee, made primarily of representatives of educator preparation programs (EPPs), meets quarterly to provide input on issues relating to EPPs. The EPAC has existed since 2006, and SBEC only recently voted to add some school district representatives to the committee. Today’s action in response to ATPE’s request will ensure that classroom teachers can also participate in discussions about preparing future educators and the need for any regulatory changes.

Today’s SBEC agenda also included discussions of future changes to certification exams and rules pertaining to admission to an educator preparation program. Some of those changes were necessitated by legislation passed earlier this year. How the board handles disciplinary cases involving educators was an additional topic of discussion today.