Tag Archives: U.S. Supreme Court

Census deadline is now Oct. 15 following Supreme Court ruling

At the request of the Trump administration, the United States Supreme Court yesterday issued an order to cut the 2020 Census count short — bumping up the deadline for individuals to submit their online census responses to October 15 at 11:59 P.M. Hawaii time. For residents here in Texas, that deadline for online submissions translates to Friday, October 16, at 4:59 A.M. Central Daylight Time or 3:59 A.M. Mountain Daylight Time. Paper responses to the census must be postmarked by Thursday, October 15, 2020.

If you have not filled out your census, you can do so online HERE.

The deadline for the census count has fluctuated ever since the COVID-19 pandemic disrupted census operations. Before the Supreme Court ruled, the most recent deadline as ordered by lower courts was to be October 31. That came after lawsuits were filed in response to the U.S. Department of Commerce’s August 3 announcement that it would end census collection on September 30.

Under federal law, the census data must be delivered to the states in the form of apportionment counts (to determine how many seats each state gets in the House of Representatives) by December 31, 2020. The U.S. House of Representatives has already filed and passed bipartisan legislation that would extend the census deadlines required by federal law to give the U.S. Census Bureau more time to process and tabulate census data before sending it to the states. The U.S. Senate, however, has not taken similar action.

The U.S. Supreme Court order was made at the request of the Trump administration, who argues that there will not be enough data processing time in order to meet the December 31 deadline to send apportionment data to the states. Others argue the push to shorten the timeline advances a Trump administration policy that aims to exclude unauthorized immigrants from census counts, which could decrease the number of U.S. House members representing Texas in Congress. This exclusionary proposal was blocked by a lower court in September but has since been appealed by the Trump administration and now sits pending before the U.S. Supreme Court.

Due to the extensive field work of census enumerators, Texas is at a response rate of 99.9% while other states such as Louisiana and Mississippi are at lower rates and need more time. What is really at stake is if the Trump administration follows through with its plan to exclude individuals from the count, as the long-standing interpretation of the census has been to count all persons living in the United States. Any exclusion would not only impact representation, but also essential funding for public education, transportation, and health care.

Teach the Vote’s Week in Review: June 5, 2020

It’s been a difficult week of unrest around the country, falling on the heels of what was already a stressful spring semester for students and educators. As Texas enters phase three of reopening, many districts are contemplating the 2020-21 school calendar and a safe return to school that will meet the needs of staff and students. See our headlines below and read a recap of education developments this week from the ATPE Governmental Relations team. And don’t forget to register to vote by June 15 for the July 14 elections. Your vote is your voice!


CORONAVIRUS UPDATE: On Wednesday, Gov. Greg Abbott announced “phase three” of the reopening of Texas. In phase three, all businesses may operate at 50% capacity, with limited exceptions, and restaurants can seat bigger parties and expand their occupancy limits. Large outdoor events, such as Fourth of July celebrations, were made permissible but determinations on such events will be up to local officials. No changes for schools were announced in phase three. Find full details here.

Visit ATPE’s continually-updated Coronavirus FAQ and Resources page for the latest information on COVID-19 issues. The Texas Education Agency (TEA) updated its coronavirus-related web resources this week as well, including updates on special education (continuity of learning), academics (Texas College Bridge and graduation), crisis code reporting guidance, reading diagnostics instruments guidance, and funding (CARES Act updates and FEMA guidance regarding a hurricane amid COVID-19).


ELECTION UPDATE: On Thursday, the U.S. Fifth Circuit Court of Appeals issued a permanent stay against a lower federal court’s ruling that ballot by mail could be expanded to all Texans. Further appeals are possible. This development follows last week’s Texas Supreme Court ruling that lack of immunity to the coronavirus does not constitute a disability that would make one eligible to vote by mail, but also explaining that it is up to voters to decide whether to claim a disability and local election officials need not verify such claims. Read more in yesterday’s blog post by ATPE Senior Lobbyist Monty Exter.

The deadline to register to vote in the July 14 runoff election (and a Texas Senate District 14 special election happening the same day) is only 10 days from now on Monday, June 15. Make sure you’re registered and learn what’s on your ballot here. View candidate profiles, including their education survey responses and voting records, on Teach the Vote here. If you feel you meet the eligibility criteria to vote by mail, your application to receive a mail-in ballot  must be received by your local election administration (not postmarked) no later than July 2. Find additional information about voter registration from the League of Women Voters here, plus get election reminders and other resources from Texas Educators Vote coalition here,


As parents consider their children’s return to school this fall, they might wonder about virtual schooling options. However, a recent peer-reviewed study showed students who switched from brick-and-mortar schools to virtual charter schools experienced substantial learning loss compared to their traditional public school peers, even controlling for other demographic, teacher, and classroom factors. Perhaps it is virtual class sizes of 100 students or the profit-oriented nature of many virtual schools that leads to less learning. Educators would likely agree it is the lack of face-to-face, authentic interaction and relationship-building, which are essential to teaching and learning. Learn more about the study in this blog post by ATPE Lobbyist Andrea Chevalier.


School calendars and the return to school facilities remain hot topics this week. As we previously reported on Teach the Vote, school districts were allowed to reopen their facilities on June 1 for summer school. Some districts, such as Houston ISD and others, will only offer virtual summer school options as they cite challenges to implementing the health and safety protocols outlined by the Centers for Disease Control and the TEA. Texas Public Radio reported this week that at least two school districts in San Antonio will open for limited summer school programming with both in-person and virtual options. District plans include having students eat lunch at their desks, keeping students six feet apart, taking temperatures daily, and limiting group sizes.

ATPE GR Director Jennifer Mitchell

School districts are also fervently deciding on their 2020-21 school calendars and related budgeting matters. In an opinion piece published June 1 by the Dallas Morning News, ATPE Governmental Relations Director Jennifer Mitchell wrote about the challenges surrounding school calendar decisions in light of the coronavirus pandemic. In addition to health and safety considerations, many other factors need to be taken into consideration. As the Texas Education Agency (TEA) urges schools to consider longer, more flexible calendars, the extra costs of building in additional instructional days cannot be ignored at a time when many are worried about the impact of the pandemic on the next state budget. Calendar changes also impact businesses and working parents, too. “Few parents have the luxury of taking six weeks of additional leave from their jobs if students are sent home from school for extended breaks,” says Mitchell. ATPE has urged TEA to provide comprehensive guidance to help school boards navigate these decisions, and as noted in Mitchell’s op-ed, we also urge the community to support the school districts and educators who are taking on these challenges.

School start dates are a particular concern for many educators now that summer is here. Austin ISD still expects to start the school year August 18, the same date previously approved by its board earlier this year, but several other districts are heeding TEA’s advice to move up the start of the next school year. Alief ISD‘s 2020-21 calendar, posted this week as an example on the TEA website, includes an earlier start date in August, two extra instructional days, and extra week-long flexible breaks in October and February that could be used for instruction if needed. It is important for educators to pay close attention to calendar deliberations in their districts, especially since the school start date directly affects the deadline for educators to resign without penalty.

Educators can find resources and answers to frequently asked questions about returning to school on ATPE’s Coronavirus FAQ and Resources page. As calendar decisions are being contemplated, we also encourage educators to take advantage of any opportunities to share their voices at school board meetings or whenever staff or community input is sought by the district.


ATPE joined 20 other organizations writing a letter to Texas Education Commissioner Mike Morath urging support for prioritizing students’ mental health and social-emotional needs, especially as those needs have been magnified by the coronavirus pandemic. As stress and reports of family violence and trauma have increased across the state, the letter calls for the Texas Education Agency (TEA) to use available resources to infuse mental and social-emotional health strategies and practices into the state’s education priorities for the benefit of students and school staff alike. The letter was spearheaded by Texans Care for Children, a non-profit focusing on the well-being of Texas families and children.


U.S. Rep. Kevin Brady

With more educators thinking about retiring from the profession in the wake of the coronavirus pandemic, many are concerned about their Social Security benefits. Spearheaded by our Washington-based lobbyist David Pore, ATPE continues to urge Congress to repeal the Windfall Elimination Provision (WEP) that reduces many educators’ Social Security benefits. One of those leading a bipartisan effort to replace the WEP with a more equitable solution is U.S. Rep. Kevin Brady (R-The Woodlands, Texas), former chairman and now ranking member of the U.S. House Committee on Ways and Means. Texas Retired Teacher Association (TRTA) Executive Director, Tim Lee, sat down with Rep. Brady this week for a Facebook Live conversion about the congressman’s efforts to reform the WEP. As noted by Lee (on the video at 13:15), ATPE has worked with TRTA and Rep. Brady for many years on pursuing WEP relief both for educators already retired and those who will retire in the future.

To learn more about the WEP and how it might affect you, read this Teach the Vote blog post or the Social Security information on the main ATPE website.

Texas election roundup: Another court decision on mail-in voting

For weeks there has been a back-and-forth battle being waged over Texas voting laws, but that fight may be drawing closer to an end. Today, June 4, the U.S. Fifth Circuit Court of Appeals became the latest in a litany of federal and state courts to weigh in on a debate at the intersection of elections and the coronavirus pandemic: whether to expand eligibility for mail-in voting.

As previously reported here on Teach the Vote, the Texas Supreme Court and a federal district court were the last to weigh in on this issue prior to today’s ruling. A federal district judge previously issued an order to allow all registered voters in Texas to apply for mail-in ballots, based on finding our state’s current restrictions to be unconstitutional. The federal appellate court ruling issued today blocks that district court’s order from taking effect.

While the Fifth Circuit’s ruling today is merely a stay of the lower court’s order, the language used by two members of the three-judge panel demonstrates the appellate court’s dubious view on the merits of using litigation to expand mail-in voting eligibility. We will have to wait to hear a more final word from the appeals court, but it does not appear likely that more people will be permitted to avoid visiting the polls in person while still exercising their right to vote.

Regardless of the final outcome at the Fifth Circuit, the losing side is likely to appeal to the U.S. Supreme Court, which may or may not choose to hear the case. Most cases appealed to the highest court in the nation do not get heard, which means a ruling by the circuit court often becomes the last word on federal judicial matters. Stay tuned to Teach the Vote for updates.

Texas election roundup: Voter safety and a court ruling

The on-again, off-again saga of whether or not all Texas voters can vote by mail continued this week with a ruling from the Texas Supreme Court yesterday. The state’s highest court agreed with Texas Attorney General Ken Paxton that a lack of immunity to the novel coronavirus does not constitute a disability that would enable a voter to be eligible to vote by mail.

The issue remains clear as mud, though, as the court left much to voter discretion, saying, “…a voter can take into consideration aspects of his health and his health history that are physical conditions in deciding whether, under the circumstances, to apply to vote by mail because of disability.” Furthermore, in a rejection of Paxton’s request, the court ruled that local officials can’t reject voters who cite an unspecified disability on their application for a ballot by mail.

As we have been reporting here on Teach the Vote, the debate over mail-in voting is also being heard in the federal court system. Through an administrative stay, a three-judge panel of the U.S. Fifth Circuit Court of Appeals has temporarily blocked a lower court’s ruling to expand vote-by-mail options last week. The fight is likely headed to the U.S. Supreme Court.

Also this week, Texas Secretary of State Ruth Hughes issued a new, recommended minimum health protocol for voters and election workers. Formatted as a checklist, the protocol instructs voters heading to the polls to consider maintaining six feet of separation, self-screening, bringing their own stylus or pencil with eraser, bringing hand sanitizer, and wearing a mask. For those experiencing COVID-19 symptoms, voters are encouraged to consider utilizing curbside voting, if they meet the eligibility requirements. Curbside voting is typically reserved for voters with disabilities who are not able physically able to enter polling locations without assistance or who may be likely to injure their health by doing so. The checklist also includes training and safety measures for poll workers and poll watchers, as well as overall sanitation guidelines for the polling place.

As a reminder, be sure to find what’s on your ballot here and mark the following election dates on your calendar:

  • June 15: Last day to register to vote in July 14 elections
  • June 29 – July 10: Early voting for July 14 elections
  • July 2: Last day to apply for a ballot by mail for the July 14 election. Applications must be received by the election administrator by this date (not merely postmarked).
  • July 14: Election day – Primary runoff elections and special election for Texas Senate District 14 (formerly held by Senator Kirk Watson, D-Austin). Last day for county election administrators to receive ballots by mail.

Find additional nonpartisan election information and reminders at the websites of Texas Educators Vote and the Texas League of Women Voters. Lastly, be sure to check out the candidate profiles here on Teach the Vote to see how your candidates answered the ATPE Candidate Survey and view voting records of incumbent legislators.

Teach the Vote’s Week in Review: June 29, 2018

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


This week the Supreme Court struck a decisive blow against public sector unions in its ruling in the case of Janus v. American Federation of State County and Municipal Employees Council 31 (AFSCME). With its strong right-to-work laws, Texas remains unaffected. However 27 states including Illinois, where the case originated, will have to change the way unions collect “agency fees” — fees collected by unions to cover the cost of collective bargaining. It’s important to note that ATPE is not a union and supports the right of employees to choose whether or not they wish to pay fees or belong to a professional association.

“There really isn’t a direct impact from this ruling,” said ATPE Lobbyist Monty Exter in this Austin American-Statesman article about the ruling. You can read more about the ruling in this blog post by Exter. ATPE’s official statement on the ruling can be found here.


House Public Education Committee meeting June 27, 2018.

School safety and mental health were the focus of two House committee meetings this week. On Wednesday, the House Public Education Committee met to discuss interim charges on school safety and emergency preparedness. The committee heard testimony from members of the public education community, mental health advocates, and safety product vendors. TEA Commissioner Mike Morath spoke about school marshals and partnerships with local law enforcement agencies, and Humble ISD Superintendent Elizabeth Fagen spoke on how physical security affects schools safety. ATPE Lobbyist Mark Wiggins recapped the hearing here.

On Thursday, a joint meeting of the House Public Education Committee along with the House Public Health Committee was held to discuss an interim charge on providing mental health services for children. The hearing included testimony from a panel of high school-aged activists, as well as school counselors, a representative from the community based organization Communities in Schools, and Billy Philips, who testified on behalf of the Texas Tech University Health Science Center’s new initiative that uses telemedicine to provide assessment and referral to students displaying behavioral issues. ATPE Lobbyist Mark Wiggins breaks down the hearing in this post. 


Education was the central focus of several actions on Capitol Hill this week. An education funding bill for Fiscal Year (FY) 2019 was marked up by the U.S. Senate Subcommittee on Labor, Health and Human Services, Education and Related Agencies. While the bill must go through several other phases before a version of it would ultimately become law, this early version of the bill demonstrates how the Senate intends to pay for education.

A bill reauthorizing the Carl D. Perkins Career and Technical Education Act was passed out of the committee on Thursday. States with CTE standards aligned with those in the reauthorized bill would be able to receive funding at around the same levels under the proposed FY 2019 budget.

Lastly, the Federal Commission on School Safety commenced a series of regional listening sessions aimed at addressing the issue of school safety from the federal level. The Texas Education Agency (TEA) also announced its intention to apply for a federal grant entitled the STOP School Violence Prevention and Mental Health Training Program, which is administered by the Department of Justice.

Read more about this week’s activity in the nation’s capital in this post by ATPE Lobbyist Kate Kuhlmann.


Gov. Greg Abbott has called for a special election on July 31 to replace former Senator Carlos Uresti, who resigned earlier this month after being convicted of 11 felonies, including money laundering and fraud.

As of Monday’s filing deadline, eight candidates have filed to run to represent senate district 19 for the remainder of Uresti’s term, which runs through Jan. 2021.

Special elections are unique in that multiple candidates from the same party can be on the ballot with multiple candidates from other parties. In this instance, four Democrats, three Republicans, and a Libertarian will be on the ballot.

The Democratic candidates include current state Rep. Roland Gutierrez of San Antonio; current state Rep. Tomas Uresti of San Antonio, who lost his bid to continue representing his current house district during the primaries largely due to the scandal surrounding his brother; former U.S. Rep. Pete Gallego of Alpine; and Charlie Urbina Jones of Poteet, who has previously run unsuccessfully for Texas’s 23rd Congressional District.

The Republican candidates include Pete Flores of Pleasanton, who unsuccessfully challenged Carlos Uresti in 2016; Jesse Alaniz of Harlandale, a former president of the Harlandale ISD board; and Carlos Antonio Raymond of San Antonio, who unsuccessfully sought the Republican nomination for House District 117 in March.

The Libertarian candidate is Tony Valdivia of San Antonio, one of two SD 19 representatives on the State Libertarian Executive Committee (SLEC)

U.S. Supreme Court delivers major ruling affecting public employees in union states

The Supreme Court of the United States delivered a ruling today in Janus v. American Federation of State, County and Municipal Employees, Council 31 (AFSCME). The case revolved around Mark Janus, a non-union member who argued he should not have to pay “agency fees” collected by the union in his state of Illinois to cover the cost of the union’s collective bargaining activities. The court ruled 5-4 in favor of the plaintiff, Mr. Janus, in determining that forcing workers who do not wish to join a union to still have to pay fees to a union is unconstitutional.

The outcome of this case, which has been anticipated for months, affects not only Mr. Janus and other pubic sector workers, including teachers, in the state of Illinois, but also potentially impacts public sector workers in 26 other states. Those affected states, which do not include Texas, are those that do not have right-to-work laws in place and where agency fees are currently legal.

As a non-union professional association, ATPE was founded on the principles that educators should have the right to chose which organizations with which they want to associate. We believe public education is an inherently collaborative endeavor that should not be divided into management versus labor, and that all educators should have a seat at the table when it comes to collaborating with school district leaders on pay and other contract issues, regardless of organizational affiliation. These rights, which were at the heart of the Janus case, are embodied by the right-to-work laws that have long been enjoyed by Texas educators.

In response to the court’s ruling, ATPE has released the following statement.

Stay tuned to Teach the Vote for additional analysis on this, and any other rulings, likely to impact public education or public school educators.