Tag Archives: Texas Tribune

From The Texas Tribune: Analysis: School districts are getting report cards. They shouldn’t be the only ones.

Analysis: School districts are getting report cards. They shouldn’t be the only ones.” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

A “Come and Take It” flag depicting an apple instead of the traditional cannon at the Save Our Schools rally at the Texas Capitol on March 12, 2011. Photo by Bob Daemmrich.

It’s time to start grading the papers of the people elected to run the state of Texas, to translate voters’ thoughts and feelings about the way things are going into the job reviews that will be delivered in this year’s general election.

It’s the seasonal cycle of this electoral democracy. We elect them. They do stuff. We decide whether to keep or replace them.

Elected officials adore this sort of judgement when it’s directed at others.

Later today, for instance, the state will issue its inaugural set of A-F grades for more than 1,000 public school districts. That has agitated a lot of Texas educators; when the grades are out, odds are good that it will agitate — in ways both negative and positive — parents, business people and taxpayers. If the politicos are lucky, it will divert angst over public education in Texas away from the folks who’ll be on the November ballot.

Accountability is an admirable thing in politics. It can show citizens where responsibility lies, the better to direct their blame and, more to the point, where to repair or replace policies that don’t work.

It can also diffuse responsibility. When today’s school grades come out, keep an eye on who’s taking the heat and who’s getting the credit. Ask yourself, as it unrolls, whether the right people are getting the right kind of attention.

This is supposed to be a way for the government ministers in Austin and the public across the state to see what results they’re getting for their money. It’s controversial, to say the least. Educators contend the grading system is both too general — not taking the complexity of any given school district into account — and too reliant on standardized tests and other inappropriate yardsticks that don’t give accurate readings of educational progress. Many are not crazy about grades of any kind, but they’re irked that these grades, in their view, will give voters and policymakers false readings about school districts’ performance.

But for a Legislature that can’t muster a consensus for what public schools should do and what they should cost, it’s a way to outsource the blame from the pink building to local “educrats.”

It’s a pre-election test of whether voters trust politicians more than teachers.

Education isn’t the only forum for this sort of deflection. The telling sign is when the people at the top try to separate themselves from the people who work for them, a strategy that allows them to make policy and take credit for passing laws while also blaming someone else when the execution of those instructions falls short.

Maybe the blame should crawl up the management ladder; they’d rather you didn’t make the connection.

Rats, mold and other filth in state buildings? The budgeteers at the Capitol have been skimping on building maintenance and upkeep for years. Multi-billion-dollar contracting troubles at the Health and Human Services Commission? That sort of thing happens if you put all those disparate agencies into one pot and then wander off, forgetting the second part of the business maxim: “Put all your eggs in one basket — and then watch that basket very carefully.”

A federal “zero tolerance” immigration policy that splits adults and children at the border and then cannot reconnect them — whether they’re staying here or being sent home? That is, in fact, a bureaucratic nightmare. But it’s a product of bad design, of putting a policy in place before figuring out how it’s going to work. The blame for that kind of empty-headed governance belongs at or near the top of the organization chart. Roughly 500 of those kids are still unattached to the adults with whom they entered the country. That terrible foul-up took place at the border, but the credit and blame really belong to the high officials who got things rolling.

This is going to be a hard day for some school superintendents and school boards and a great day for others. In both situations, some of them deserve it. Some of them don’t. Examine the results. Make your own judgements. And when you pass out cheers and jeers, think of the people who are responsible for education policy who aren’t on today’s report cards.

They’ll be on your election ballot a few weeks from now.

 

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/08/15/analysis-texas-school-report-card-election-2018/.

 

Texas Tribune mission statement

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

Teach the Vote’s Week in Review: August 3, 2018

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


The State Board for Educator Certification (SBEC) met today in Austin. As ATPE Lobbyist Kate Kuhlmann reported earlier this week, the board’s agenda included a controversial proposal to finalize rulemaking for an abbreviated educator preparation program for Trade and Industrial Workforce Training, Marketing, and Health Sciences certificates. Here is Kate’s recap of the board’s deliberations today:

The board adopted the proposal on a voice vote, but not without opposition from board members and stakeholders. ATPE was joined by teacher groups, administrator groups, and educator preparation programs offering opposition that together covered four primary areas of concern: (1) The proposal irresponsibly reduces the number of pre-service hours required of these specific educator candidates; (2) the proposal inappropriately adds the marketing and health science certificates; (3) the proposal allows entities other than approved educator preparation programs to provide some training; and (4) the proposal fails to prevent the certificate holders from seeking other certifications by merely passing an exam without required additional training.

Several board members also expressed concerns about the proposal. Members Suzanne McCall and Laurie Turner, who are teachers, and citizen member Tommy Coleman spoke to the importance of standards and consistency. They voted for an amendment to alter the proposal, but the amendment failed. Along with Texas Higher Education Coordinating Board (THECB) Assistant Commissioner Rex Peebles, who serves as a non-voting member of the board, Turner and Susan Hull stressed that success in an individual trade is not the same as knowing how to teach that trade to young students. This is why abbreviated pre-service and even overall training hours are concerning; the lowered standard fails to support these candidates and their students with adequate training. While other members of the board argued the proposal was innovative, Coleman countered that as much as he likes innovation, he doesn’t want to see innovation at the expense of standards. The board ultimately passed the proposal on a voice vote. It now advances to the State Board of Education for final review.

 


Following up on its June announcement that districts and charters affected by Hurricane Harvey would be eligible for accountability waivers, TEA announced earlier this week that 109 independent school districts and open enrollment charters would qualify for such waivers. School districts where all campuses are eligible for a Harvey Provision or where 10% or more of the district is eligible for a Harvey Provision that receive B,C, D, or  ratings will be listed as “Not Rated”  in the upcoming school ratings due out in August. The agency also announced that 1,188 campuses directly affected by Hurricane Harvey would qualify for a special evaluation in this year’s accountability ratings. A list of eligible campuses and districts can be found here.

 


Last week the Teacher Retirement System (TRS) reduced the expected rate of return on its pension fund from 8% to 7.25%.This change will make it more difficult for educators to obtain the cost of living increases they so desperately need.  The onus is now on the legislature, which will convene in January of next year, to provide increased funding in order to ensure that the pension remains healthy and can meet the requirement to be fully funded in 30 years as the law says it must. ATPE Lobbyist Monty Exter was on hand to provide testimony and comment to the media. Read more at the links below:

Full coverage of the TRS meeting

From the San Angelo Standard-Times: As changes loom over retired teachers’ pensions, retirees look to Legislature for more money 

From the Austin American-Statesman: Retired Texas teachers face giant hurdle to pension boost 

From KHOU11: Texas teachers urging for better pension system 

 


 

Earlier this week, Sen. Tim Kaine (D-VA) proposed legislation aimed at addressing teacher and principal shortages nationwide. The Preparing and Retaining Educators Act of 2018 aims to expand Teacher Quality Partnership Grants and require colleges and universities to report yearly on the number of licensed educators who graduate from their institutions, among other things. You can read the bill in its entirety here.

 

 


UPDATE: As we reported last week, President Trump signed the Perkins Career and Technical Education Act overhauling the primary laws that govern CTE. Read more about the bill in this post by ATPE Lobbyist Kate Kuhlman.

 


After competing in a special election triggered by the early resignation of Sen. Carlos Uresti, Republican Pete Flores and Democrat Pete Gallego will face off in a runoff election later this year. Read more about it in this post from the Texas Tribune.

From The Texas Tribune: Republican Pete Flores, Democrat Pete Gallego set for runoff for Uresti seat

By Patrick Svitek, The Texas Tribune
July 31, 2018

Former U.S. Rep. Pete Gallegos (left), a Democrat, and Republican Peter Flores are running for state Senate District 19. Photo by Bob Daemmrich: Gallego/Campaign website

Republican Pete Flores, Democrat Pete Gallego set for runoff for Uresti seat” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Republican Pete Flores and Democrat Pete Gallego are headed to a runoff in the special election to replace convicted former state Sen. Carlos Uresti, D-San Antonio.

With all precincts reporting Tuesday night, Flores led Gallego by 5 percentage points, 34 percent to 29 percent, according to unofficial returns. At 24 percent, state Rep. Roland Gutierrez of San Antonio came in third in the eight-way race, and he conceded in a statement. The five other candidates were in single digits, including Uresti’s brother, outgoing state Rep. Tomas Uresti of San Antonio.

The first-place finish by Flores, who unsuccessfully challenged Carlos Uresti in 2016, is a boon to Republicans in the Democratic-leaning district. In the home stretch of the race, Flores benefited from a raft of endorsements from Texas’ top elected officials including Gov. Greg Abbott, Lt. Gov. Dan Patrick, and U.S. Sens. John Cornyn and Ted Cruz.

Their heft will continue to be tested in a district considered friendly to Democrats, if not solidly in their column. After taking congratulatory calls from Abbott and Patrick, Flores issued a statement insisting a second-round victory was within reach.

“I know we can win this runoff,” Flores said. “We will win this runoff. The real work begins tomorrow.”

Rallying supporters in San Antonio, Gallego promised his campaign would not get outworked in the yet-to-be-scheduled overtime round. “I know, in the final analysis, we win,” he said.

The special election was triggered in June, when Carlos Uresti resigned after being found guilty of 11 felonies, including securities fraud and money laundering, tied to his work with a now-defunct oilfield services company. He was sentenced to 12 years in prison days after he stepped down.

Much of the action in the race centered on Gutierrez and Gallego, a former congressman and longtime state House member from West Texas. Gutierrez went after Gallego over questions about whether he lives in the district, among other things, while Gallego highlighted Gutierrez’s history of tax problems.

Flores, a former Texas game warden, was the best-known of three Republicans on the ballot Tuesday. He received 40 percent of the vote against Carlos Uresti two years ago in SD-19, which encompasses a 17-county area that starts on San Antonio’s East Side and sprawls hundreds of miles west.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/07/31/sd-19-special-election-results/.

 

Texas Tribune mission statement

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

Teach the Vote’s Week in Review: July 27, 2018

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


The Board of Directors for the Teacher Retirement System (TRS) met this week to discuss the pension fund’s assumed rate of return. Today the board voted to reduce the rate of return from 8% to 7.25%, anticipating a decline in investment revenue. It is now up to the legislature to provide additional funding for TRS in order to prevent a shortfall and stretch the already dwindling resources of educators even further. ATPE Lobbyist Monty Exter testified at the TRS board meeting and explains more about the decision in this post, which also includes a fact sheet provided by TRS staff.


 This week the Senate Select Committee on Violence in Schools and School Security met to discuss the last of the four charges assigned to them by the Lt. Governor. The panel heard invited and public testimony regarding best practices for preventing violence in schools and other topics. Not much longer after the hearing, Lt. Gov. Dan Patrick released a statement in which he said he would not support “red flag” laws, laws aimed at seizing the guns of those deemed a danger to themselves or others, citing failed legislation from last session as well as Gov. Abbott’s recent reticence to support red flag laws. The committee will now deliberate and release a report during the first week of August. More details about the hearing can be found in this post by ATPE Lobbyist Kate Kuhlmann.


Lt. Gov. Dan Patrick currently has no plans to debate his Democratic opponent, Mike Collier, despite repeated calls from the Collier campaign and many voters interested in the race for lieutenant governor. In a statement to the Texas Tribune, Allen Blakemore, a strategist for the Patrick campaign said the following:

“It’s no secret Lt. Governor Patrick relishes debates, but since his opponent shows no sign of grasping even the most basic rudiments of state government, our campaign has no plans to debate him,”

In response to this statement, the grassroots educators group Texans for Public Education offered to facilitate the debate by offering assistance “with location,  moderation, with time and date…” and other details. The full statement from the group can be read here.

Read more in this story from the Texas Tribune.


Earlier this week, both the U.S. House and Senate approved legislation aimed at revising the federal law that governs career and technical education (CTE). The Senate first passed a bill reauthorizing the Perkins Career and Technical Education Act. The House concurred with the Senate’s changes and the bill was sent to the President. At this time, President Trump has not yet signed the bill, but it is likely that he will. ATPE Lobbyist Kate Kuhlmann provides more information here.


From The Texas Tribune: Lt. Gov. Dan Patrick has “no plans” to debate Democratic opponent Mike Collier

By Patrick Svitek, The Texas Tribune
July 23, 2018

Photos of Mike Collier and Dan Patrick from the Texas Tribune.

Lt. Gov. Dan Patrick has “no plans” to debate Democratic opponent Mike Collier” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Lt. Gov. Dan Patrick does not intend to debate his Democratic challenger, Mike Collier, before Election Day, according to Patrick’s campaign.

“It’s no secret Lt. Governor Patrick relishes debates, but since his opponent shows no sign of grasping even the most basic rudiments of state government, our campaign has no plans to debate him,” Patrick strategist Allen Blakemore said in a statement to the Tribune. “There isn’t anyone in the Lone Star State who isn’t absolutely clear about where Dan Patrick stands on the issues. He told us what he was going to do, then he did it. That’s why Dan Patrick has the overwhelming support of the conservative majority in Texas.”

Collier has not formally challenged Patrick to any debates but has needled him on Twitter over the topic, suggesting the incumbent will not spar with him because he does not want to discuss his record.

“The Lt. Governor is rejecting debates before invitations are even sent out by media,” Collier said in a statement. “As I assumed he would, he’s dodging and refusing to answer for his record.”

“If the Lt. Governor ‘relishes debates’ then I see no reason why we shouldn’t hold several all across the great state of Texas,” Collier added.

Patrick’s snub of Collier comes as debate drama heats up in two other statewide races. In recent weeks, Gov. Greg Abbott and his Democratic opponent, Lupe Valdez, have both accepted debate invitations — though not to the same event. At the same time, U.S. Sen. Ted Cruz, R-Texas, and Democratic rival Beto O’Rourke have gone back and forth over when to start coordinating debates, with O’Rourke pushing for six meetings and Cruz expressing openness to debating but not committing to any specifics yet.

Patrick’s campaign was similarly dismissive about debating his primary challenger, Scott Milder, who the lieutenant governor easily defeated. After Milder issued a debate challenge to Patrick in January, Blakemore called it the “unmistakable gasps of an attention starved candidate” and similarly insisted Patrick’s issue positions are widely known. Milder is now backing Collier.

Disclosure: Allen Blakemore has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/07/23/lt-gov-dan-patrick-no-plans-debate-democratic-opponent-mike-collier/.

 

Texas Tribune mission statement

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

Teach the Vote’s Week in Review: May 11, 2018

From Austin to the nation’s capital, here’s a look at how ATPE’s lobby team has been working hard for you this week:


Early voting starts Monday for Texas’s Republican and Democratic primary runoffs on May 22. This week ATPE continued to highlight races across the state where education has pushed to the forefront of political discourse heading into the runoffs. We encourage you to learn more about the races in your district by visiting the candidates section of TeachtheVote.org and by checking out our runoff spotlights for candidates in House Districts 4, 8, 54, 62, and 121.

Remember, if you voted in a party primary back in March, you may only vote in the same party’s runoff election this month. If you are registered but did not vote at all in March, you may choose to vote in either party’s runoff election. You can find more information on eligibility to participate in the runoffs and what you need to do here.

Early voting for the runoffs is May 14-18, 2018, and runoff election day is May 22,2018.

 


ATPE’s lobby team has been working to prevent a controversial private school voucher amendment from being added to a national defense bill that is on the move. The U.S. House Committee on Armed Services met this week to consider the National Defense Authorization Act. Our Austin- and Washington-based lobbyists have watched the development of this bill closely since learning that discussions of adding a voucher were underway in the House. As ATPE Lobbyist Kate Kuhlmann reports today, the potential voucher, in the form of an Education Savings Account (ESA), would funnel existing federal Impact Aid dollars to military families without accountability for how those funds are spent. While the ESA didn’t make it into the bill during committee, it now heads to the floor of the House for debate. There, it could still be added through the amendment process.

ATPE sent a letter this week to Chairman Pete Sessions (R-TX), who leads the committee that determines which amendments will be considered on the House floor, asking him not to allow the voucher amendment. The letter highlights that we join the Military Coalition, a group of 25 organizations representing more than 5.5 million active and former members of the U.S. Military, in opposing the voucher. “The $2,500 voucher program created by HR 5199,” ATPE Governmental Relations Director Jennifer Mitchell Canaday wrote, “would drain limited dollars from both the public school system in Texas as well the Federal Impact Aid Program, hurting the very military-connected students it purports to help.” Read the full letter here and check back for developments on this issue.

 


An article by the Texas Tribune this week explored how charter schools operate in a precarious gray space that makes them a government entity at some times and a private entity at others. ATPE Lobbyist Monty Exter is quoted in the full-length article by Emma Platoff, which is republished here on Teach the Vote.

 


In an effort to encourage parents, teachers, and school leaders to actively participate in the rulemaking process, TEA sent a letter to school administrators on Wednesday requesting that school districts and open-enrollment charter schools post upcoming rulemaking actions on their websites. Learn more about the request and ATPE’s involvement in rulemaking changes in this blog post by ATPE Lobbyist Mark Wiggins.

 


 

House Pensions Committee meeting May 10, 2018, in Dallas.

The Teacher Retirement System (TRS) of Texas was one of the many items discussed at Thursday’s meeting of the House Committee on Pensions held in Dallas, TX. The meeting, which focused on the committee’s interim charges, featured testimony from TRS Executive Director Brian Guthrie plus a number of active and retired educators. ATPE Lobbyist Mark Wiggins attended the hearing and provided full details in his blog post here.

 


From the Texas Tribune: Are charter schools private? In Texas courts, it depends why you’re asking.

Texas charter schools are sometimes private and sometimes governmental — a legal framework that has helped them avoid costly lawsuits.

by Emma Platoff, The Texas Tribune

May 7, 2018

istock.com

In 2006, in Dallas, a construction company sued a charter school, alleging that the school stiffed workers on a building contract to the tune of a couple hundred thousand dollars.

Eight years later, in Houston, a third grade teacher sued the charter school where she worked, alleging that it had falsified test scores, that it failed to properly provide for students with disabilities and that mold in her classroom had made her sick.

Their claims did not make it very far.

The teacher couldn’t sue the charter because, the Texas Supreme Court said, it’s not a government entity. The construction company couldn’t sue, the same court said years earlier, because it was.

Questions about the legal status of charter schools — which receive taxpayer money but are privately run, usually by nonprofit corporations — are broad, existential ones in Texas, where disputes over school funding are among the Legislature’s most contentious. But those categories take on intense practical significance in the courtroom, where the rules that govern private- and public-sector employers vary widely. In two significant Texas Supreme Court cases over the last decade, charter schools and their lawyers have sidestepped lawsuits over employment and contract issues by playing both sides of that fence. In some cases, charter schools can’t be sued because they’re government entities; in others, they’re immune because they’re private.

That difference is intentional. Charter schools were designed, as former Texas Supreme Court Justice Don Willett wrote in the construction company opinion, to “operate with greater flexibility than traditional public schools, in hopes of spurring innovation and improving student achievement.”

Because of that aim, charter schools are not subject to all the same laws as their traditional counterparts. That legal structure helps charter schools retain their “freedom and flexibility,” said Joseph Hoffer, who argued successfully for the charter school in the Houston case.

But some advocates point out that the rules for charter schools seem to target the wrong things.

The Whistleblower Act — which did not allow the teacher to sue — is perhaps the best example.

“How is it innovative to ensure that your employees are silenced if you are doing something inappropriate?” questioned Monty Exter, a lobbyist for the Association of Texas Professional Educators. “I would think that you would want to have those internal watchdogs looking out for kids.”

“When do the rules apply to you?”

There are a lot of unresolved legal issues surrounding charter schools, which are still relatively young educational institutions. Most of them center, as former State Board of Education Vice Chair Thomas Ratliff puts it, on the question, “Is a charter school a public school or a private entity?”

“It’s not that easy,” Ratliff said. “The answer, in a lot of cases, is both.”

In 2015, lawmakers said that for the purposes of the law, charter schools should be considered government entities when the lawmakers say so — and only then.

Some of those “when”s are common sense. Charter schools are subject to the Texas Public Information Act and the Open Meetings Act. Their teachers can be covered by the Teacher Retirement System of Texas. And they enjoy, for the most part, the same protections and immunities from lawsuits that traditional public school districts have, said David Anderson, who worked as the Texas Education Agency’s general counsel for two decades.

In other instances, charter schools are considered private; in many cases, they’re protected from suit. That’s a good thing, Hoffer said.

“Remember,” he said, “since they’re publicly funded, we want to protect the public funds from being attacked.”

But traditional public schools subject to whistleblower claims are also publicly funded. Employees who claim retaliation under the law can win monetary damages or even get their jobs back. That’s not the case with charter schools, and advocates say it’s unfair that those schools are given essentially all the protections of a school district while also enjoying some benefits of private employers.

“You have a charter school that can, in one breath, say, ‘Hey, we’re a public school, don’t sue us,’ and in the next say, ‘Hey, we’re not a public school, don’t sue us,’” said Lorna McMillion, who defended the would-be whistleblower in Houston. “If you’re a charter school who wants to get funding like a public school and wants to be treated like a public school, when do the rules apply to you and when do they not?”

The public-private dance has saved charter schools, in several cases, from lawsuits — like those filed by the third-grade teacher (the charter school’s lawyer dismissed her as a “serial litigator” — the TEA looked into a “testing security” complaint but determined it did not merit a full investigation) and by the construction company (the charter school’s lawyer in that case said the school followed its written contract). In the case of the few charter schools not run by nonprofit corporations, the legal waters are even murkier.

Lindsey Gordon, general counsel for the Texas Charter Schools Association, said the organization supports the Legislature’s current framework and protested that charter schools are not harder to sue than school districts. Every lawsuit, she argued, succeeds on its individual merits.

But would-be litigators have at least some options for suing a traditional public school that they can’t use to sue charter schools. McMillion said the Texas Supreme Court has made it impossible to sue charter schools using the most common legal avenues.

Meanwhile, charter schools have to follow some of the laws that many educators argue most directly impede schools’ ability to innovate. Charter schools are subject to the same test-based accountability system as school districts.

The legal exemptions, advocates said, seem not to foster creativity but rather to help the non-traditional schools avoid costly litigation.

“Charter schools are straddling the fence, on both sides, to make sure they have an advantageous legal position where it is harder to get them,” sad Evan Lange, a Dallas workers’ rights attorney who recently lost a case to an area charter school. “They take the benefits of being private and the benefits of being government. They’re choosing both.”

The Legislature has, in the past, added legal restrictions to charter schools when the need presented itself. In 2013, the Legislature brought nepotism laws for charter schools in line with those for other public schools. The change came after the Texas Education Agency investigated several potential abuses where charter school board members hired family members and paid them generous salaries.

The Whistleblower Act might very well go that way, said Thomas Fuller, a North Texas lawyer who works mostly with charter schools. While the law continues to develop on the relatively new species of school, there may be some “curious outcomes,” he said.

“It left a lot of us scratching our heads, too,” Fuller said. “I wouldn’t be surprised at all to see a number of those [bills] filed in the next session making charter schools subject to the Whistleblower’s Act.”

But in the meantime, advocates warn, the ruling could deter other charter school teachers from reporting abuse they see at work. Just this year, Michael Feinberg, the founder of one of the country’s most successful networks of charter schools, was dismissed following claims that he sexually abused a student in Houston in the 1990s. Cases like Feinberg’s make clear why it’s important for school personnel to feel safe bringing forward such allegations, advocates said.

And while the Legislature can go back and correct oversights that arise, it will be difficult for lawmakers to predict every possible legal fight that could ensnare a charter school — meaning more oversights are near-unavoidable.

“Not a good place to be an employee”

The peculiar legal status of charter schools has a particular impact on employees.

Teachers in traditional public schools enjoy a suite of protections that is not mandated for charter school teachers — including, for the most part, year-long contracts that grant teachers due process rights, Exter said. Texas charter school teachers don’t all have to be certified teachers, meaning they’re more easily replaced. They’re easier to fire in the middle of the year. And if they’re fired, they have even less recourse for challenging the decision.

And unlike teachers at private schools, charter school teachers don’t get the shield of the National Labor Relations Act, which contains some of the nation’s strongest protections against unfair labor practices. Texas charter schools — unlike other states’ equivalents — are not included in that protection because they are considered arms of the government. Texas is, so far, the only state whose charter school teachers are not protected by that act.

That’s thanks to a ruling that came down in March. The case made a difficult scenario worse for teachers in a state that’s already “not a good place to be an employee,” said Lange, the Dallas workers’ attorney.

Charter school supporters might argue that more freedom for the schools allows them to get rid of bad teachers and bring in better ones.

But in a sector of public education with far less oversight than traditional school districts, it’s easy to see how a teacher could find herself fired and out of options. A public school teacher who speaks out against a school practice she disagrees with — STAAR testing, say — is protected from government retaliation by the First Amendment.

But, Lange said, a charter school employee, who enjoys no such protection, could be fired more easily. Their schools, meanwhile, can in one breath claim the privileges of being public and in the next enjoy the freedom of the private sector.

“They literally want to have their cake and eat it too. That’s all charter schools do,” Lange said.

Disclosure: The Association of Texas Professional Educators has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/04/20/texas-teachers-employee-benefits-dead-last-retirement-funding/.

 

Texas Tribune mission statement

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

Teach the Vote’s Week in Review: April 20, 2018

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

 


The Teacher Retirement System (TRS) of Texas board of trustees held multiple meetings this week in Austin.

Highlights of the quarterly meetings included discussions of new rates and policy designs for TRS-ActiveCare for the 2019/2020 school year; the need for increased authorization to hire additional full time employees (FTEs) at the agency; the introduction of the new TRS Communications Director; and a discussion of and failed vote on lowering the TRS pension fund’s expected rate of return.

ATPE Lobbyist Monty Exter attended both the committee and board meetings and penned this wrap-up for our Teach the Vote blog earlier today.

 


The House Public Education Committee held an interim hearing on Wednesday. Topics discussed included the continuing impact of Hurricane Harvey on the state’s public schools, plus implementation of recent education-related bills dealing with school finance, the accountability, system, and student bullying.

Commissioner of Education Mike Morath updated the committee on the state and federal governments’ response to Hurricane Harvey and the 1.5 million students in its affected school districts. Morath indicated that he will propose a new commissioner’s rule in June to provide a plan for accountability waivers for school districts that were forced to close facilities and suffered the displacement of students and staff.

The committee also heard testimony about the controversial “A through F” accountability system that is being implemented in Texas. School districts will be assigned A-F ratings in August, while campus A-F ratings will be released the following year. A number of witnesses during Wednesday’s hearing expressed concerns about the new rating system and its heavy emphasis on student test scores.

For more on the hearing, check out this blog post from ATPE Lobbyist Mark Wiggins.

 


With interim committee hearings in full swing this month, paying for Texas public schools and teachers remains a hot topic.

On Wednesday, the House Appropriations Committee heard from Texas Comptroller Glenn Hegar and others about the status of the state’s Economic Stabilization Fund, often referred to as the “Rainy Day Fund.” Read more about recommendations being made for use of the fund to support the state’s funding needs in this blog post from ATPE Lobbyist Monty Exter.

Also this week, our friends at the Texas Tribune shared insights on how Texas teacher pay stacks up against other states. ATPE Lobbyist Monty Exter is quoted in the article republished here on Teach the Vote.

 


The Texas Commission on Public School Finance also convened again this week, with a Thursday meeting focused on tax policy issues and sources of funding for the state’s school finance system. ATPE Lobbyist Kate Kuhlmann has a rundown of that meeting here. She also shared the below update from today’s Expenditures Working Group meeting which covered the cost of education index, compensatory education, and the transportation allotment.

One unsurprising word could be used to summarize testimony from invited panelists at this morning’s Expenditures Working Group meeting: update. On all three topics discussed, expert witnesses pointed to updating both the methodology behind the funding tied to each topic and what each topic intends to address. For the cost of education index, Texas A&M University Bush School Professor Lori Taylor noted that the index is based on teacher salaries and employment patterns from 1990. Taylor is the same expert behind a recent Kansas study on school finance, which determined that state should invest an additional $2 billion in school funding. During this morning’s meeting in Austin, Taylor and the other panelist agreed the cost of living index has value, but needs significant updating; it was suggested that to better account for evolving costs of education, the commissioners should consider recommending a requirement that the state update the index (or even the entire finance system) every 10 years.

Similarly, school districts and other school finance stakeholders pointed to the need for better targeted funding for students supported by a broader category of compensatory education services, and the legislative budget board shared different way to approach funding transportation costs. Watch an archived live stream of the full meeting here for more on the discussions.

 


 

From The Texas Tribune: Texas teachers’ pay is average. But their pensions are among the lowest in the country.

By Alex Samuels, The Texas Tribune

Photo by Jacob Villanueva/iStock

Today’s Texplainer question was inspired by reader Tiffany Adair.

Hey, Texplainer: How do employment benefits for Texas educators compare to those in other states?

This question has been a point of contention between lawmakers and educators for many years. Texas teachers say they’re frustrated due to a lack of state funding for public education. But lawmakers say the uncertainty surrounding the budget makes it hard to allocate better benefits for educators.

If you look at the raw numbers, Texas ranked 27th in the nation for teacher pay in 2016, according to the National Education Association. On average, Texas teachers earned $51,890 — roughly $6,500 below the national average.

However, teachers have long argued that inadequate funding for public schools cuts into their salaries. During the 2008 fiscal year, the state covered roughly 48.5 percent of the cost of public education, according to the Legislative Budget Board. By the 2019 fiscal year, that figure will be closer to 38 percent. Over the same period, teacher salaries remained about the same [Texas teachers, on average, earned roughly $47,000 in 2008].

“One of the biggest costs to education are the teachers and other employees at a school district. That’s the biggest cost to the state,” said Clay Robison, a spokesman for the Texas State Teachers Association. “When you start cutting education in Texas, you’re shortchanging teachers. We’re already behind the national average when it comes to teacher pay, and we’re getting further behind.”

But salaries aren’t the only component to consider when looking at how Texas teachers fare compared to their peers in other states, said Ed Allen with the American Federation of Teachers.

“When looking at a nationwide comparison, most people factor in the salaries. But when teachers get older, what’s being paid into retirement and the health insurance becomes a really big deal,” Allen said.

When it comes to health care benefits, advocates say Texas teachers are stuck in 2002. That’s when state lawmakers created the plan known as TRS-ActiveCare. The teacher health insurance program, which is run by the Teacher Retirement System of Texas, requires the state to contribute $75 per employee toward monthly health care premiums.

Nearly 430,000 public school teachers and retirees are covered under the plan, which is used by many of the state’s 1,200-plus school districts. Since the program went into effect, employees’ share of premiums have more than doubled, while the state’s contribution to teacher’s health care has remained the same.

“When your salary is barely going up year after year, health care costs are going up considerably and you’re not getting any additional money put toward those healthcare cost by your employer — which is the state in this case — then effectively you’re taking a year over year cut to your salary,” said Monty Exter, a lobbyist at the Association of Texas Professional Educators.

Under the TRS-ActiveCare program, districts are also required to put a minimum of $150 per employee per month toward health insurance premiums, with the option of contributing more. But Exter said that can be difficult for districts as education budgets are squeezed.

Joel Solomon, a senior policy analyst with the National Education Association, said it’s hard to compare Texas teacher health insurance programs to other states since the structure of such programs varies nationwide. But, he said, “when we look at educators’ health benefits around the country and how important … ensuring quality health benefits to educators are, what we see in Texas is deeply troubling.”

When it comes to retirement funding, a majority of states pay into both a pension plan and Social Security. Texas is in the minority of states that only pay into a pension fund and does not pay into Social Security for the majority of its teachers — which means most Texas teachers won’t have access to Social Security benefits when they retire. Fewer than 50 of the state’s districts participate in Social Security on their own.

Among states that only offer a pension plan for teachers, Texas is dead last when it comes to funding its pension programs — by a lot.

For years, Texas only paid 6 percent — the constitutional minimum — into the Teacher Retirement System. It now pays 6.8 percent, according to the National Association of State Retirement Administrators. And the Texas Constitution says the state’s contributions to pension funds can’t eclipse 10 percent without a constitutional amendment approved by voters.

“The next closest non-Social Security state had a retirement contribution rate at least double ours,” said Ann Fickel, the associate executive director of the Texas Classroom Teachers Association. The median contribution for the other 14 other states that don’t pay into Social Security for their teachers is around 18 percent, she added.

“As retirees’ costs rise, especially for medical care, there will be pressure on lawmakers to find a way to increase benefits for retired teachers,” Fickel said.

The bottom line: When it comes to teacher pay, Texas ranked 27th in the nation — right around the middle. But Texas is dead last in teacher retirement funding and puts a little more than the minimum into the Teacher Retirement System.

Disclosure: The Texas State Teachers, the Association Association of Texas Professional Educators and the Texas Classroom Teachers Association have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/04/20/texas-teachers-employee-benefits-dead-last-retirement-funding/.

 

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Don’t miss the next voter registration deadline

Texas has two elections coming up in May 2018 for which the deadlines to register to vote are quickly approaching.

First there is an election date on May 5, 2018, for local political offices. You must register by this Thursday, April 5, in order to be eligible to vote in your local elections next month.

Next up, on May 22, 2018, many voters will head back to the polls for runoffs in several primary election contests. You are eligible to vote in a political party’s runoff election as long as you did not vote in another party’s primary back in March. But you must also be registered before the deadline! Your last chance to register to vote in a primary runoff election this year is April 23.

For additional information on registering to vote, visit VoteTexas.gov. Learn more about which races are headed to a runoff in this article from the Texas Tribune. Also, be sure to check out our candidate profiles here on Teach the Vote.