June 14, 2013
Governor Makes Final Decisions on Legislation
Governor Rick Perry announced on Friday that he has made his final decisions on legislation. While he did make line-item vetoes of state budget bills SB 1 and HB 1025, neither affected funding for public education contained in the bills.
Gov. Perry vetoed the following education-related bills:
HB 217 (Alvarado/Uresti) would have defined what beverages could be sold to students on a public elementary, middle, or junior high school campus.
HB 2824 (Ratliff/Paxton) would have allowed districts participating in the Texas High Performance Schools Consortium to add additional campuses to the consortium with commissioner approval and made other provisions for Consortium members.
HB 2836 (Ratliff/Patrick, Dan) would have made changes to state assessment requirements in grades 3-8, primarily by calling for valid assessment instruments that could be completed within three hours.
SB 17 (Patrick, Dan/Fletcher) would have required DPS to create a school safety and child protection training program for school employees who are licensed to carry a concealed handgun, are authorized by the school to carry it, and are selected to attend the program.
SB 504 (Deuell/King, S.) would have ended the current requirement that school districts screen all students for abnormal spinal curvature.
SB 1234 (Whitmire/Price) would have required a county court, justice court, municipal court, school district or juvenile probation department to employ a case manager or jointly employ a case manager with another governmental entity to provide services to a juvenile offender or a student at risk of dropping out prior to being referred to a court for a truancy violation.
June 12, 2013
TEA Releases HB 5 Guidance
The Texas Education Agency (TEA) announced initial requirements regarding the assessment component of House Bill 5, recently signed into law by Gov. Rick Perry. The Texas Legislature passed HB 5 by more than a two-thirds majority, making the law effective immediately after the governor’s signature.
High school students are now required to pass five end-of-course exams, and TEA’s letter will help districts begin preparing for the new graduation requirements.
According to TEA’s letter:
- HB 5 requires reading and writing be combined and given in a single day. High school students who have to date passed English I or English II reading but not English I or English II writing (or vice versa) will still need to successfully complete the second test to meet graduation requirements.
- Assessments in Algebra II, geometry, English III, chemistry, physics, world geography, and world history have been eliminated from the testing requirements and will not be included in the July 2013 STAAR administration.
- End-of-course assessments will continue to be offered in Algebra I, English I, English II, biology, and U.S. history.
- Accelerated instruction is required for students who did not perform satisfactorily on end-of-course exams required for graduation under HB 5 (Algebra I, English I (reading/writing), English II (reading/writing), biology, and U.S. history).
- Accelerated instruction is not required for end-of-course exams in chemistry, physics, Algebra II, geometry, world history, world geography and English III.
Read the letter.
June 10, 2013
Perry Signs HB 5 into Law
Gov. Rick Perry today signed into law a package of education bills today that he said will improve opportunities for Texas students.
Key among those bills was House Bill 5, which reduces end-of-course exams required for graduation from 15 to 5; provides multiple pathways to graduation through endorsement plans in which students may take classes that are more relevant to their chosen career path; and establishes a new A-F accountability system for districts -- not campuses.
Other bills signed by the governor include:
HB 809 requires the Texas Workforce Commission to provide quarterly updates to TEA regarding current and projected employment opportunities. School districts will use the information to plan and implement career and technology education and training programs.
HB 2201 would require the SBOE to approve at least six advanced technology and career-related courses that satisfy the third and fourth credits in math and science.
SB 441 establishes the Texas Fast Start Program to identify and develop methods supporting competency-based, rapid-deployment education delivery models that maximize academic or workforce education credit from public junior and state colleges and technical institutions in order to expedite entry into the workforce. The Texas Workforce Commission will collaborate with the THECB, junior and state colleges, and technical institutes. Fast start programs will focus on current and future employment needs and will enable students to obtain accelerated postsecondary certifications and degrees in high-demand fields.
HB 3662 creates the Texas Workforce Innovation Needs Program to provide selected school districts, public institutions of higher education, and private or independent institutions of higher education with the opportunity to establish innovative programs designed to prepare students for careers for which there is demand in this state.
May 27, 2013
Happy Sine Die
Both the House and Senate have adjourned sine die for the 83rd Regular Session, though a special session is highly likely. Unless the special session involves education issues, the TASB Legislative Update will be distributed on an “as needed” basis. The weekly TASB Legislative Report will continue. Thanks for tuning in!
Legislature Passes State Budget
Legislators passed the state budget bill, SB 1, and other related bills that will implement the state’s upcoming budget over the weekend. In terms of public education, the budget includes $3.6 billion in increased education funding over last biennium – including $330 million for the new district contribution to TRS – and $1.75 billion to reverse the Foundation School Program payment deferral that would have delayed the August payment of this year into September. The budget is now on its way to the governor.
Legislature Passes Graduation Requirement, Assessment Overhaul
Both the House and Senate adopted the conference committee report for HB 5 (Aycock/Patrick, Dan) over the weekend, sending the bill to the governor. HB 5 would, among other things:
- Reduce end-of-course exams from 15 to 5: Algebra I, U.S. history, biology, English I and English II (reading and writing would be combined into one exam for both English I and II).
- Replace the current minimum, recommended and distinguished graduation plans with a foundation graduation plan consisting of four English credits; three science, social studies and math credits; two foreign language/computer programming credits; one fine arts credit; one physical education credit; and five elective credits.
- Create a distinguished achievement and endorsement graduation plans, including endorsements in STEM, business & industry, public services, multi-disciplinary studies, and arts & humanities.
- Require four science credits and algebra II for automatic state college admissions under the top 10 percent rule and state financial aid, and allow all students to be eligible to apply for Texas colleges.
- Allow districts to administer state-developed Algebra II and English III exams for diagnostic purposes.
- Establish an A through F accountability rating system for school districts beginning with the 2016-17 school year, while campuses will remain under the existing exemplary, recognized, acceptable and unacceptable system.
- Prohibit schools from pulling students out of class for more than 10 percent of class time for test preparation or remediation without parental consent.
- Require the SBOE to adopt at least six advanced CTE courses, including courses in personal financial literacy and statistics, that satisfy the fourth credit in math.
- Require all students entering grade 9 to select an endorsement, allow students to change endorsements at any time, and allow students to opt into the foundation plan with parental consent after grade 10.
- Prohibits schools from administering more than two benchmark tests per student per subject, not to include college readiness exams such as the SAT or ACT.
- Require TEA to minimize the effect test administration has on a campus and student instruction.
Legislature Passes Charter Expansion Bill
Both the House and Senate adopted the conference committee report for the charter expansion bill over the weekend, sending the bill to the governor. SB 2 (Patrick, Dan/Aycock) would, among other things:
- Grant charter authorization, renewal and revocation power to the commissioner of education.
- Expand the cap on available charters in Texas by between 10 and 20 for the next few years until a maximum of 305 is reached in 2019.
- Exclude dropout recovery and district charters from the charter cap, while allowing up to five charters outside of the cap for schools primarily serving students with disabilities.
- Tighten rules and bolster authority regarding the approval, renewal and revocation of charters.
- Require a school district that is going to sell or lease a district facility to offer to sell or lease that facility to open-enrollment charter schools located wholly or partially in the district’s boundaries. The district would not have to accept the offer.
- Call for a report comparing charter schools approved by the commissioner, charter schools approved by the SBOE and traditional public schools.
- Require TEA to assist new charter schools with PEIMS reporting during the first three years of operation.
- Call for the commissioner to evaluate the performance of open-enrollment charter schools based on a commissioner-developed performance framework, however results from the evaluation could not be used to make renewal decisions.
- Require a majority of a governing board of a charter school to be qualified voters (U.S. citizens) and a charter school list the members of its governing board on its website.
- Require charter schools to post on their websites the salaries of their chief executive officers and school financial statements.
- Require that a teacher or principal in a charter school hold at least a baccalaureate degree.
May 23, 2013
Legislators Move Budget Bills
Earlier this week, it seemed that the standoff between the House and Senate on two bills key to enacting an overall state budget compromise would lead to a special session to hammer out a final budget.
The House ended up passing its side of the deal, SJR 1, Wednesday night after House Democrats agreed to support the measure that creates the framework for funding the state’s water infrastructure plan. Because the joint resolution passed by a two-thirds majority, it clears the legislature and now goes to voters for final approval.
That cleared the way for the Senate to pass HB 1025, a supplemental appropriations bill that calls for $2 billion for the state’s 50-year water plan and also provides $200 million for public education. Additionally, HB 1025 includes $1.75 billion to reverse the August Foundation School Program deferral that the legislature instituted last session to help balance the budget. As a result, districts will receive their last FSP payment in August and not September. Finally, the bill also provides $10 million for the Student Success Initiative.
The House and Senate compromise was to link the mechanism for water funding (SJR 1) to appropriations from the Rainy Day Fund (HB 1025) as a way to get around having to vote to bust the state’s spending cap.
However, there seems to be one last hurdle to finalizing the budget deal. An amendment added to HB 1025 in the Senate would link the $200 million for public schools to the passage of HB 7, a tax relief bill that relies on a significant refund from the System Benefit Fund.
“There has never been an agreement between the House and Senate nor the Democratic Caucus that the additional $200 million for education was tied to HB 7 which includes monies in a dedicated account specifically targeted to assist low income families with their electricity bills,” said Rep. Sylvester Turner (D-Houston). “The only reason the $200 million was not placed in the main appropriations bill was because Senator [Tommy] Williams (R-The Woodlands) unilaterally chose to place it in HB 1025. Now we know why. This is neither transparent nor consistent with the purpose for which this fund was created.”
“On behalf of the people of my district, I will not vote for HB 1025 as long as we are asked to trade dollars intended for poor Texans for tax breaks,” Turner added. “I encourage other members of the House to do the same.”
House Names Charter Expansion Bill Conferees
The House named its conferees on SB 2, the charter expansion bill:
- Jimmie Don Aycock (R-Killeen)
- Mike Villarreal (D-San Antonio)
- Marsha Farney (R-Georgetown)
- John Otto (R-Dayton)
- Patricia Harless (R-Spring)
They will negotiate with previously reported Senate conferees:
- Dan Patrick (R-Houston)
- Eddie Lucio (D-Brownsville)
- Larry Taylor (R-Friendswood)
- Royce West (D-Dallas)
- Donna Campbell (R-New Braunfels)
House Names TRS Bill Conferees
The House named its conferees on SB 1458, the Teacher Retirement System overhaul bill:
- Bill Callegari (R-Katy)
- Roberto Alonzo (D-Dallas)
- Phil Stephenson (R-Wharton)
- Dan Branch (R-Dallas)
- Alma Allen (D-Houston)
They will join Senate conferees:
- Robert Duncan (R-Lubbock)
- Kirk Watson (D-Austin)
- Wendy Davis (D-Fort Worth)
- Tommy Williams (R-The Woodlands)
- Kel Seliger (R-Amarillo)
Bills on the Move
Senate Floor - Thursday
SB 460 (Deuell/Coleman) was overhauled by floor amendment to allow school districts to provide training to teachers, counselors, principals, and other appropriate personnel to identify students at risk of committing suicide or displaying signs of mental illness, as well as intervention strategies for those students. Districts would be required to maintain records on the names of employees who have completed the training. The early mental health intervention and suicide prevention provisions of the Health and Safety Code would not waive immunity or create liability for school districts or their officers and employees. The bill would also add policies, procedures, strategies and curriculum for mental health concerns to the list of recommendations school health advisory councils may make to schools to include coordination of school health services, counseling, safe and healthy school environment, and employee wellness. The bill does not affect liability of a district employee and any mental health training program shall include a component on the risks of prescription drug sharing and abuse. The Senate refused to concur in House changes and named a conference committee to reconcile differences between the two versions of the bill.
SB 124 (Rodriguez, Jose/Marquez) would make tampering with PEIMS data a felony offense of the third degree. The Senate concurred in House changes, sending the bill to the governor.
SB 831 (Taylor/Coleman) would expand the list of mental health intervention and suicide prevention programs available for implementation at public schools to include substance abuse prevention and intervention. TDH, TEA and each ESC would make the list easily accessible on their websites. School district would continue to have the discretion of adopting a policy concerning these issues. However, any policy on substance abuse intervention would prohibit a medical screening to determine the need for substance abuse intervention without parental consent. The Senate concurred in House changes, sending the bill to the governor.
SB 460 (Deuell/Coleman) would require any minimum academic qualifications for a teaching certificate that requires a bachelor’s degree to include instruction in detection and education of students with mental or emotional disorders. The instruction would be developed by experts and would include identification and characteristics of mental or emotional disorders, as well as parental notice requirements and effective teaching strategies, such as de-escalation techniques and positive behavioral interventions. The Senate refused to concur in House changes and named a conference committee to reconcile differences between the two versions of the bill.
SB 1365 (Villarreal/Duncan) would amend current credit by examination provisions by clarifying that the minimum attendance provisions do not apply to a course for which a student has received credit by examination. School districts would be required to select at least four SBOE-approved exams for each subject, if available, for credit by examination. The examinations would include AP and CLEP exams. Students in a primary grade level could be advanced if they score in the 80th percentile as opposed to 90th as is currently the law. Students in grades six and above would receive credit if they score in the 80th percentile or if they receive a 3 or higher on an AP or a 60 or higher on a CLEP exam. A student would not be required to take an end-of-course exam in a subject for which he receives credit by examination. Examinations would be administered not later than 30 days after the district receives a written request from a student’s parent if the exams are offered electronically. If not offered electronically, the exams would be administered not fewer than three times per year if not administered electronically. A student could not attempt to earn credit by exam more than two times for a particular subject. The Senate concurred in House changes, sending the bill to the governor.
Senate Floor - Wednesday
HB 1926 (King, K./Hegar) would add nonprofit entities, private entities, and corporations as course providers offering electronic courses through the state virtual school network. Private, nonprofit, or corporate entities could only provide services if they comply with all state and federal antidiscrimination laws, possess prior successful experience offering online courses to middle and high school students, have demonstrated student success in course completion and performance, and can demonstrate financial solvency; SBOE approval would not be required before a private provider may offer products and services to Texas students. TEA would make information available on its website regarding school districts’ distance learning courses upon receipt of information submitted by the district. The administering authority would develop a schedule for renewing approval for a course. Offering inducements, such as equipment or other things of value, to enroll in a course would be prohibited and would be grounds for revocation of course approval. Informed choice reports on the state virtual school website would include information regarding the entity that developed and delivered the course, the course completion rate, aggregate student performance on assessment instruments, and other information determined by the commissioner. The commissioner would negotiate an agreement with each course provider that governs the cost of the course, payment of funds, and other matters. A district or charter school may decline to pay for a student to take more than three yearlong online courses. A school could decline to pay the cost for a student to take more than three yearlong courses during any school year, but the student could enroll in additional courses at the student’s cost. A school could deny a student’s request to take a virtual course only if: 1) the course load is inconsistent with the graduation plan, college admission requirements, or industry certification requirements; 2) the student’s request is inconsistent with the enrollment period, or 3) the school offers a substantially similar course. Schools would have to send notice to parents regarding the availability of online courses. The Senate passed the bill, which now goes back to the House to either agree to Senate changes or call for a conference committee to reconcile the differences between the two versions of the bill.
HB 2836 (Ratliff/Patrick, Dan) would require state assessments in grades 3-8 to be empirically determined to be valid and reliable by an independent entity. Assessments would be designed so that 85% of students in grades 3-8 could complete the assessment within 180 minutes. The maximum time for the test would be 8 hours and it would be administered in one calendar day. Districts would be limited to two benchmarks per assessment instrument. This limitation would not apply to college preparation assessments, classroom examinations, and benchmarks requested by the parent of a student with special needs. TEA would be required to redesign test security policies to ensure the least amount of disruption of instructional activities at a campus. Finally, the bill calls for an interim committee to study the number and scope of assessments in grades 3-8 and will create a committee to study the TEKS. Senate floor amendments would exclude students in residential facilities from school accountability measures, prohibit the requirement that teachers prepare tasks or materials for state assessment of severely cognitively disabled students, provide for a comprehensive methodology for auditing and monitoring contractors developing or administering state assessments, and require all new state assessment contracts to include language allowing periodic compliance reviews, without prior notice, of assessment vendors. The Senate passed the bill, which now goes back to the House to either agree to Senate changes or call for a conference committee to reconcile the differences between the two versions of the bill.
SB 503 (West/Strama) would create the Expanded Learning Opportunities Council. The make-up of the 13-member council would be defined by statute with each member appointed by the commissioner. The council would meet at least three times a year to study current research and best practices, analyze opportunities and unmet needs, and study issues regarding expanded learning opportunities for public school students, such as mentoring, tutoring, academic support, and educational enrichment provided during an extended school day or year or in structured learning programs outside of the regular school day. The council would be subject to the Texas Sunset Act and would develop a statewide action plan for the improvement of expanded learning opportunities. TEA could accept gifts and grants to establish the council. The Senate concurred in House amendments, sending the bill to the governor.
HB 742 (Strama/Watson) would establish and administer a competitive pilot program to provide grants to not more than 10 school districts to use in providing instructional programs to students in prekindergarten through eighth grade during a period in which school is recessed for the summer. The program would be designed to: 1) encourage participation in the program by a district's most educationally disadvantaged students; 2) close the academic achievement gap between students who are educationally disadvantaged and students who are not educationally disadvantaged; 3) ensure that during the period in which school is recessed for the summer, students participating in the program retain knowledge and skills learned during the school year and continue learning; 4) provide apprenticeship, mentorship, and other professional development opportunities for new teachers and student teachers; and 5) add to the compensation of a district's highest performing teachers by providing those teachers with summer employment teaching students, new teachers and student teachers. School district's eligible to participate in the program must: 1) have educationally disadvantage student enrollment that is greater than 50% of the total district enrollment; 2) apply to the commissioner; and 3) provide a plan that is designed to achieve the grant's purposes.
Each school district participating in the program must provide to the agency an annual written report containing certain specific information to evaluate the district's program. The agency would contract with a third party evaluator to determine and prepare a report regarding the effectiveness of the program. The Senate passed the bill, which now goes back to the House to either agree to Senate changes or call for a conference committee to reconcile the differences between the two versions of the bill.
HB 590 (Naishtat/Zaffirini) would require that the full individual and initial evaluation of a student to determine eligibility for special education services based on visual impairment include an orientation and mobility evaluation conducted by a certified specialist. The evaluation would take place in a variety of settings and lighting conditions. The specialist would participate in data evaluation and would determine the scope of reevaluation of visually impaired students receiving special education services. The Senate passed the bill, sending it to the governor.
HB 628 (Dale/Paxton) would establish a school board member’s inherent right of access to information, documents, and records maintained by the district when the board member is acting in an official capacity. A board member would not need to submit a public information request in order to obtain such information. The information would not need to be the subject of an upcoming meeting. The district could withhold information deemed confidential by law. Districts would be required to post the cost of responding to one or more requests submitted by a board member if the requests are for 200 or more pages of material in a 90-day period. Districts would report annually to TEA the number of requests submitted by board members and the total cost for responding to those requests. The Senate passed the bill, sending it to the governor.
HB 647 (Patrick, Diane/Davis, W.) would allow a charter school to employ as a teacher or educational aide any person a school district could employ in those positions or any person a district could employ if the person held the appropriate certificate issued under Chapter 21 but the person has never held such a certificate. A charter school could employ a person in any other position if a school district could employ that person in the same position. The Senate passed the bill, sending it to the governor.
HB 1479 (Villarreal/Van de Putte) would establish a committee to recommend a uniform truancy policy for school districts located in a county with a population greater than 1.5 million in which there are at least fifteen school districts and one of those districts has a student enrollment of 50,000 or more and an annual high school dropout rate of at least 5%. The county judge and mayor of the largest municipality in the county would each appoint a representative of the juvenile district court, a municipal court, an open-enrollment charter school, the office of the district attorney, and the general public, as well as a justice of the peace and a superintendent to serve on the committee. A legislator from the House and the Senate who serve on the committees with primary jurisdiction over public education would also serve. The committee would recommend a policy addressing uniform filing process, administrative procedures, filing deadlines, a truancy information tracking system, and effective prevention and intervention methods. The presiding officer would issue a report by December 1, 2015 on each district’s implementation of the recommendations and compliance with state truancy laws. Compliance with the recommendations would be voluntary, however. The Senate passed the bill, which now goes back to the House to either agree to Senate changes or call for a conference committee to reconcile the differences between the two versions of the bill.
HB 1751 (Patrick, Diane/Van de Putte) would amend the current educator excellence awards program by renaming it the “educator excellence innovation program.” Depending on the funds available, TEA would award competitive program grants to school districts based on local educator excellence innovation plans that most comprehensively and innovatively address the purposes of the program. Districts that receive a grant under the program would be notified of the award by April 1 of each fiscal year and could use the funds only to carry out the purposes of the program in accordance with the district’s local plan, such as implementation of a mentoring program or incentives to reduce turnover. Districts could apply to the commissioner for a waiver of a requirement under Chapter 21 of the Education Code. Before a waiver application could be submitted, it would need to be approved by a majority of the board members and a majority of the teachers and staff at each campus for which the waiver is sought. Neither the board nor the superintendent could compel a waiver. The current language regarding educator excellence awards payments would be repealed. The Senate passed the bill, which now goes back to the House to either agree to Senate changes or call for a conference committee to reconcile the differences between the two versions of the bill.
HB 1781 (King, K./Seliger) would prohibit the Department of Agriculture from imposing a sanction on a school district, including disallowing meal reimbursement, for the sale at a high school of food of minimal nutritional value if 1) the sale is approved in advance, 2) is made outside the cafeteria or not during a school meal time, and 3) is for the purpose of raising money for a student organization or activity. The Senate passed the bill, sending it to the governor. The Senate passed the bill, sending it to the governor.
HB 2483 (Alvarado/Ellis) would require TEA to include oral health education as part of its coordinated health programs. The Senate passed the bill, sending it to the governor.
House Floor - Thursday
HB 866 (Huberty/Seliger) would decrease the number of assessment instruments administered in grades 3-8. Math and reading assessments would occur in grades 3, 5, and 8 instead of annually. Writing would not be assessed. Science would continue to be assessed in grades 5 and 8, and the social studies assessment would remain in 8th grade. TEA would determine the minimum satisfactory adjusted scaled score for each assessment instrument. If a student failed to achieve a satisfactory score on a final assessment instrument in 3rd or 5th grade, the student would be assessed in that subject the following year. If a student failed to perform satisfactorily on an assessment in 6th grade, he would be assessed again in 7th grade. An assessment created for those students who need to be reassessed in subsequent grades (4th, 6th, and 7th) could be used by the district to test students who are not required to take an assessment that year. Performance on a district-administered assessment could not be included as an accountability indicator for student performance. If these assessment provisions conflicted with any federal law, the commissioner would be required to seek a waiver. A fourth grade assessment would be available in Spanish for LEP students. The House concurred in Senate changes, sending the bill to the governor.
HB 2201 (Farney/Lucio) would require the SBOE to ensure that at least six career and technology courses, including a course in personal financial literacy, are approved by September 1, 2014 to satisfy the fourth credit in math. The commissioner would submit a report to lawmakers regarding the progress of increasing the number of approved courses. The Senate amended the bill to require CTE courses that satisfy the third and fourth credit requirements for math and science. Another amendment adds technology applications to the bill. The House concurred in Senate changes, sending the bill to the governor.
HB 2318 (Aycock/Seliger) would require educator preparation programs to provide teacher certification candidates information regarding required skills and responsibilities, expectations for student performance, supply and demand for teachers, classroom management skills, and the teacher and principal appraisal framework. SBEC could propose rules ensuring that all information provided is accurate and consistent. The commissioner would determine the satisfactory level of performance on each certification exam and would require a generalist certificate candidate to perform satisfactorily on each core subject tested. SBEC, in consultation with various interested parties, would develop and carry out a process for reviewing educator preparation and alternative certification programs. The House concurred in Senate amendments, sending the bill to the governor.
HB 462 (Huberty/Patrick, Dan) would prohibit the SBOE from adopting national “common core state standards” as part of the required curriculum. Likewise, a district could not use these common core state standards in place of instruction in the essential knowledge and skills. A district or open-enrollment charter school could not be required to offer any aspect of the common core state standards curriculum, nor could TEA adopt or develop a criterion-referenced assessment based on these standards. The House concurred in Senate amendments, sending the bill to the governor.
House Floor - Wednesday
HB 1122 (Johnson/West) would allow a school district with an enrollment exceeding 150,000 in a county with a population of 2.2 or more and bordering a county with a population of more than 600,000 to establish a three-year high school diploma pilot program. The program would be designed for students who do not plan on enrolling in a four-year college or university immediately after high school graduation and would include partnerships with public post-secondary institutions, such as junior colleges and technical institutes, offering a certificate program or associate degree program. Student participation would be voluntary and subject to parental approval. School districts would specify the curriculum requirements necessary to obtain a three-year degree, however, those requirements would ensure that a student graduating under the program possesses sufficient knowledge and skills in English and math. The district would submit the curriculum requirements to SBOE for comment and to the commissioner for approval. Starting with the year after the first students receive a degree under this program, the commissioner would provide funding for the district’s full-day prekindergarten program in an amount equal to twice the number of students who received a three-year degree in the previous year. The House concurred in Senate amendments, sending the bill to the governor.
HB 897 (Zerwas/Hinojosa) would require school districts and charter schools to provide instruction in CPR in the health curriculum for students in grades 7-12. Students would receive the education at least once before graduating. Administrators could waive this requirement for students with a disability. The instruction would be based on training developed by the American Red Cross and would include hands-on practice. EMTs, paramedics, police officers, teachers, and other qualified individuals could provide the instruction and training. Instruction would not be intended to result in certification, however if the instruction is provided for a certification, the course would need to be taught by an authorized instructor. The House concurred in Senate amendments, sending the bill to the governor.
HB 842 (Bell/Deuell) would amend the College Credit Program by allowing that such a program provide a student the opportunity to earn credit for a course or activity that satisfies a requirement necessary to obtain an industry credential, certificate, or associate degree concurrently with the student’s high school diploma if the course is approved by the THECB. The House concurred in Senate amendments, sending the bill to the governor.
HB 642 (Patrick, Diane/Lucio) would require that not more than 25 percent of the continuing education requirements for classroom teachers and principals must include instruction regarding: (1) collecting and analyzing information to improve effectiveness; (2) integrating technology; (3) educating diverse student populations (including students with disabilities, students who are economically disadvantaged, students at risk of dropping out, and students of limited English proficiency); and (4) recognizing early indicators that a student is at risk. Teachers would receive instruction in the subject area they teach and principals would receive instruction in providing instructional leadership. Continuing education requirements for a counselor would require that not more than 25% of the instruction over five years address assisting students in developing high school graduation plans, implementing dropout prevention strategies, and informing students of college and career opportunities. The House concurred in Senate amendments, sending the bill to the governor.
HB 753 (Villarreal/Zaffirini) would require TEA to maintain a publically available list of approved providers and would require TEA to promptly investigate a complaint against an approved provider. TEA would have to provide notice to parents no later than the fifth day after a provider is removed from the list. The House concurred in Senate amendments, sending the bill to the governor.
May 22, 2013
West Adds Statewide School District Language to Testing Bill
Sen. Royce West (D-Dallas) took the opportunity to add his Achievement School District bill, SB 1718, to Rep. Bennett Ratliff's state assessment reduction bill, HB 2836, after SB 1718 died on a point of order Tuesday night in the House.
HB 2836, which was eventually passed by the Senate, would require state assessments in grades 3-8 to be empirically determined to be valid and reliable by an independent entity. Assessments would be designed so that 85% of students in grades 3-8 could complete the assessment within 180 minutes. The maximum time for the test would be 8 hours and it would be administered in one calendar day. Districts would be limited to two benchmarks per assessment instrument. This limitation would not apply to college preparation assessments, classroom examinations, and benchmarks requested by the parent of a student with special needs. TEA would be required to redesign test security policies to ensure the least amount of disruption of instructional activities at a campus. Finally, the bill calls for an interim committee to study the number and scope of assessments in grades 3-8 and will create a committee to study the TEKS.
Aside from Sen. West's amendment to include ASD language, the Senate amended HB 2836 to exclude students in residential facilities from school accountability measures.
The House will now decide whether to agree with Senate amendments or call for a conference committee to reconcile the different versions of the bill.
SB 14 Dies on Point of Order
Senate Bill 14 (Williams/Pitts), which would have created several new reporting requirements for school districts and other local governments, died on a point of order on Tuesday night. Its companion bill, HB 14, also recently died on a point of order.
Senate Refuses House Changes to Charter Bill
The Senate refused to concur in House changes to SB 2, the charter expansion bill, and named the following conferees:
- Dan Patrick (R-Houston)
- Eddie Lucio (D-Brownsville)
- Larry Taylor (R-Friendswood)
- Royce West (D-Dallas)
- Donna Campbell (R-New Braunfels)
Senate Refuses House Changes to TRS Bill
The Senate refused to concur in House changes to SB 1458, the Teacher Retirement System overhaul bill, and named the following conferees:
- Robert Duncan (R-Lubbock)
- Kirk Watson (D-Austin)
- Wendy Davis (D-Fort Worth)
- Tommy Williams (R-The Woodlands)
- Kel Seliger (R-Amarillo)
Bills on the Move
House Floor - Wednesday
SB 1658 (Paxton/Huberty) would permit a school district required to exercise an option to reduce its wealth per student under the provisions of Chapter 41 to continue withholding from state revenue the required amount needed for wealth-reduction purposes beyond FY2017 when the additional state aid for tax relief (ASATR) expires. If the amount needed for wealth-reduction exceeds the amount of state revenue to which the district is entitled, the difference may be added to the cost of the attendance credits that the district must purchase in the subsequent year. If there is insufficient state revenue to offset the amount needed for wealth reduction, this bill would permit the election to select the option of reducing wealth per student to occur with the next regularly scheduled school board or bond election.
SB 1404 (Patrick, Dan/Parker) would address transition assistance for students in substitute care by requiring TEA to develop procedures for allowing partial credit, extended time to complete graduation requirements, and a credit/graduation plan review for a student who is unlikely to graduate on time. TEA would ensure that 11th and 12th grade students in substitute care receive information regarding tuition exemptions for dual-credit courses. Students in the conservatorship of DFPS would be excused from school in order to participate in a court ordered activity, provided the activity is not practicable to schedule outside the school day. If an 11th or 12th grade student in the conservatorship of DFPS transfers to a different school and is ineligible to graduate from the receiving district, the sending district would award a diploma at the student’s request if the student meets the graduation requirements from that school. Districts would be required to offer intensive programs of instruction to all students who are unlikely to graduate in four years.
SB 906 (Deuell/Huberty) would prohibit TEA from adopting a performance standard that indicates a student’s performance on an alternate assessment does not meet standards if the lowest level of the assessment accurately represents the student’s developmental level as determined by the student’s ARD committee.
SB 832 (Davis, W./Dukes) would require open-enrollment charter schools to appoint an employee to serve as a liaison for the enrollment or transfer of a child in the conservatorship of the state. Current law already requires school districts to have a liaison. Districts and OECSs would be required to submit the name and contact information of the liaison to TEA. TEA would provide information to liaisons regarding facilitating the enrollment or transfer of a child who is a ward of the state.
SB 709 (Lucio/Allen) would allow a person in an impartial due process hearing brought under 20 U.S.C. Section 1415 to be represented by an attorney or an individual with special knowledge or training relating to children with disabilities. In order to be qualified, a representative who is not an attorney would need to have knowledge of special education laws and procedures and could not be a former district employee. A special education due process hearing officer would determine whether an individual satisfies this knowledge requirement, but TEA would not be required to license or regulate non-attorney representatives.
SB 637 (Paxton/Flynn) would require additional disclosure language on a bond election proposition. The document ordering the election would distinctly state: (1) the proposition language that will appear on the ballot; (2) the purpose for which the debt obligations are to be authorized; (3) the principal amount of the debt obligations to be authorized; (4) that taxes sufficient to pay the annual principal of and interest on the debt obligations may be imposed; (5) a statement of the estimated tax rate if the debt obligations are authorized or of the maximum interest rate of the debt obligations or any series of the debt obligations, based on the market conditions at the time of the election order; (6) the maximum maturity date of the debt obligations to be authorized or that the debt obligations may be issued to mature over a specified number of years not to exceed 40; (7) the aggregate amount of the outstanding principal of the political subdivision's debt obligations as of the beginning of the political subdivision's fiscal year in which the election is ordered; (8) the aggregate amount of the outstanding interest on debt obligations of the political subdivision as of the beginning of the political subdivision's fiscal year in which the election is ordered; and (9) the ad valorem debt service tax rate for the political subdivision at the time the election is ordered, expressed as an amount per $100 valuation of taxable property.
Posting a debt election order would add these requirements: (1) on election day and during early voting by personal appearance, in a prominent location at each polling place; (2) not later than the 21st day before the election, in three public places in the boundaries of the political subdivision holding the election; and (3) during the 21 days before the election, on the political subdivision's Internet website, prominently and together with the notice of the election and the contents of the proposition, if the political subdivision maintains an Internet website.
SB 453 (Deuell/Flynn) would allow school districts or open-enrollment charter schools to charge tuition which covers the cost of a student's education to a foreign student holding a student visa. Tuition shall be in the amount equal to the full unsubsidized per capita cost of providing the student's education from guidelines to be developed by the Commissioner of Education. If the school district or open-enrollment charted school accepts tuition, the student cannot be counted towards ADA purposes of allocating state funds.
SB 401 (Lucio/Allen) would require a school, including an open enrollment charter school to provide notice on its website, and on the district's website, if the school does not have a full-time counselor assigned to the school for more than 30 consecutive instructional days in a school year.
SB 306 (Huffman/Sheffield) would exempt students receiving treatment in a residential treatment facility from consideration in campus, district, or open enrollment charter school accountability ratings.
SB 39 (Zaffirini/Naishtat) would require that the comprehensive statewide plan for education of the visually impaired includes, before a student is placed in a classroom setting, evaluation of the impairment and instruction in an expanded core curriculum including instruction in assistive technology, independent living skills, and sensory efficiency.
Senate Floor - Tuesday
HB 2201 (Farney/Lucio) would require the SBOE to ensure that at least six career and technology courses, including a course in personal financial literacy, are approved by September 1, 2014 to satisfy the fourth credit in math. The commissioner would submit a report to lawmakers regarding the progress of increasing the number of approved courses. The Senate amended the bill to require CTE courses that satisfy the third and fourth credit requirements for math and science. Another amendment adds technology applications to the bill. The Senate passed the bill, which now goes back to the House to either concur with Senate amendments or call for a conference committee to reconcile differences between the two versions of the bill.
HB 866 (Huberty/Seliger) would decrease the number of assessment instruments administered in grades 3-8. Math and reading assessments would occur in grades 3, 5, and 8 instead of annually. Writing would not be assessed. Science would continue to be assessed in grades 5 and 8, and the social studies assessment would remain in 8th grade. TEA would determine the minimum satisfactory adjusted scaled score for each assessment instrument. If a student failed to achieve a satisfactory score on a final assessment instrument in 3rd or 5th grade, the student would be assessed in that subject the following year. If a student failed to perform satisfactorily on an assessment in 6th grade, he would be assessed again in 7th grade. An assessment created for those students who need to be reassessed in subsequent grades (4th, 6th, and 7th) could be used by the district to test students who are not required to take an assessment that year. Performance on a district-administered assessment could not be included as an accountability indicator for student performance. If these assessment provisions conflicted with any federal law, the commissioner would be required to seek a waiver. A fourth grade assessment would be available in Spanish for LEP students. The Senate passed the bill, which now goes back to the House to either concur with Senate amendments or call for a conference committee to reconcile differences between the two versions of the bill.
HB 773 (Farney/Schwertner) would require open-enrollment charter schools to recite the pledge to the state and U.S. flags. Students at a charter school could opt out of the pledge on their parents’ written request. The Senate named its conferees to reconcile the differences between the House and Senate versions of the bill. The language in question is a Senate amendment that requires all schools to display a 2-foot by 3-foot flag in all classrooms. The House had previously named its conferees.
SB 123 (Rodriguez, J./Marquez) would allow the commissioner to add complaints submitted to TEA regarding inaccurately reported data to the list of situations in which the commissioner may conduct a special accreditation investigation. The complaint could pertain to inaccurate data reported through PEIMS, or other reports required by state or federal law, rule or court order that is used by TEA for accountability purposes. The commissioner would have subpoena power during an investigation based on such a complaint. The Senate concurred in House amendments, sending the bill to the governor.
SB 1556 (Seliger/Davis, J.) would create the School Safety Task Force, comprised of the chiefs, directors, or their designees of the Texas Division of Emergency Management, the Advanced La w Enforcement Rapid Response Training Center, the Texas School Safety Center, and the Texas A&M Engineering Extension Service. The task force would study best practices for school multi-hazard emergency operations planning. It would consider input from stakeholders and would make recommendations to the Texas School Safety Center and the governor's office of homeland security. Its findings and recommendations would be reported to the legislature every other year. The Texas School Safety Center, in consultation with the School Safety Task Force, would develop a school safety certification program that would award districts a certificate for adopting and implementing a multi-hazard emergency operations plan and demonstrating that the district conducts a number of emergency drills at least once a year, such as lockdown and evacuation drills. The Texas School Safety Center would no longer be required to develop security criteria for districts to consider when designing instructional facilities.
Senate Floor - Wednesday
HB 1009 (Villalba/Patrick, Dan) would create a new category of law enforcement officer. A school marshal could carry a handgun, make arrests and exercise all authority given peace officers necessary to prevent or abate the commission of an offense that threatens serious body injury or death of students, faculty or visitors on school premises. School marshals must hold a valid concealed handgun license, attend an 80 hour training program, and submit to a psychological examination. Appointment of the school marshal and adoption of written regulations would be the responsibility of the school board. There could only be one school marshal per 400 students in average daily attendance per campus. If the primary duty of the school marshal involves regular, direct contact with students, the marshal may not carry a concealed handgun but may possess a handgun on the physical premises of a school in a locked and secured safe within the marshal's immediate reach when conducting the marshal's primary duty. The Senate passed the bill, which now goes to the governor.
HB 2012 (Villarreal/Patrick, Dan) would require TEA to collect salary data from school districts for employees entitled to the minimum salary schedule. The information would be posted on the agency website in a manner that indicates the average salary by school district for each position and, where applicable, grade level and subject. TEA would also conduct a cost-of-living salary comparability analysis in each region of the state to determine how teacher salaries compare to comparable professions. The Senate Education Committee substituted the bill to require TEA to develop an online survey regarding working conditions. Sen. Dan Patrick further amended the bill to allow TEA to collaborate with the Teacher Retirement System to determine accurate teacher salaries and to include language regarding teacher preparation programs, specifically what those programs must include and admissions requirements for those wishing to enroll in them. The Senate passed the bill, which now goes back to the House to agree with Senate changes or form a conference committee to reconcile the different versions of the bill.
HB 697 (Springer/Duncan) would include booster clubs or other school support organizations as exempt from sales taxes when serving food products, meals, soft drinks and candy when there is an agreement with school authorities during the regular school day. Additionally, these products would be exempted from sales taxes if they are sold during an event sponsored or sanctioned by an elementary or secondary school or school district at a concession stand operated by a booster club or other school support organization formed to support the school or school district. The Senate amended the bill to return school spirit merchandise sold by a booster club or other school support organization to the items that are not tax exempt. The Senate passed the bill, which now goes back to the House to either agree with Senate changes or refer the bill to a conference committee to reconcile differences in the bill versions.
May 21, 2013
Statewide School District Bill Held Up in House
On Tuesday, the Texas House considered SB 1718 (West), a bill that would create a statewide school district called an Achievement School District (ASD).
Under the bill, schools that are low-performing for two years may be seized by the state and assigned to the ASD. The purpose of the ASD is to provide services so that student performance improves, then once that occurs, the school is to be returned to the local school district. The commissioner of education appoints the superintendent for the ASD and may assign TEA staff to support the ASD operations. Funding for the ASD follows the student, according to SB 1718. The ASD gets access to grants and discretionary funding that flow to the prior district as a pro rata share of all such revenue. Finally, because the prior district remains responsible for paying debt service and capital outlay, the prior district receives Instructional Facilities Allotment and Existing Debt Allotment funds for students in the ASD as well as students who remain in the prior district. The ASD is responsible only for routine maintenance and upkeep of the prior district’s facilities that are given over to the ASD for its use.
Reps. Harold Dutton (D-Houston), Dan Huberty (R-Houston) and Ken King (R-Canadian) fought off a slew of amendments to the bill, which ranged from applying similar rules that public schools must follow to the ASD to requiring school operators under the ASD to meet certain financial and accountability standards.
The bill was held up on a point of order, and SB 1718 will be dead if the House does not take it up again before the chamber ends its day as Tuesday is the last day the House may consider Senate bills on second reading. An update will be sent out if the bill is passed before the House adjourns for the night.
Conferees Discuss Differences on Assessment and Accountability Bill
The conference committee members in charge of reconciling the differences between the House and Senate versions of House Bill 5 (Aycock/Patrick, Dan) met Tuesday morning to discuss the rationale behind various changes.
Conferees spent significant time discussing the differences between the versions of the bill regarding graduation plan endorsements. The House version included endorsements in public service and multidisciplinary studies, which the Senate stripped. House Public Education Committee Chair Jimmie Don Aycock (R-Killeen) said that smaller school districts that may not be able to offer all endorsements would benefit from a multidisciplinary endorsement, especially if all students were going to be required to start high school in an endorsement. Sen. Leticia Van de Putte (D-San Antonio) noted that requiring students to take endorsements, but not appropriating resources for all districts to provide the same endorsements could lead to legal action.
Much of the conversation centered around campus and district performance ratings, specifically the A through F accountability ratings included in the bill. Legislators have repeatedly voiced concerns that labels such as “recognized” and “academically unacceptable” do not accurately convey the performance of a district or its students.
The House version of the bill calls for A-F ratings for campuses and districts based on a three-tiered accountability system that takes into account financial performance, academic performance and community engagement. The Senate’s version maintains the current accountability ratings for campuses and changes district ratings to an A-F system.
Sen. Royce West (D-Dallas) said the new letter grade system would be easier to understand for parents and the community. Various representatives noted that the link between district and campus ratings would have to be strongly considered and, perhaps, determined, by legislators.
Legislators have just a few days left to complete their work if the bill is to go to the governor’s desk.
Senate Leaders Confirm School Funding in HB 1025
Part of the budget negotiations that call for $3.9 billion for public education was $200 million that would be appropriated in HB 1025, a supplemental budget bill parked in the Senate.
According to The Quorum Report, Lt. Governor David Dewhurst and Senate Finance Committee Chair Tommy Williams (R-The Woodlands) confirmed that HB 1025 would contain everything discussed during the Friday budget conference committee meeting in which the final compromise was struck.
On a related note, SJR 1, the joint resolution that will authorize a draw-down of almost $6 billion for water and transportation projects to satisfy the budget priorities of Gov. Rick Perry, was postponed in the House on Tuesday. That bill must pass on Tuesday, or the likelihood of a special session becomes almost certain.
Bills on the Move
Senate Floor
HB 2824 (Ratliff/Paxton) would allow districts participating in the Texas High Performance Schools Consortium to add additional campuses to the consortium with commissioner approval. TEA would be required to report an update on campus effectiveness in closing achievement gaps on college readiness standards, an evaluation of teaching a few high-priority learning standards in depth, and recommendations for the legislature. Campuses participating in the consortium would be evaluated on disaggregated data by student group and on a report-only basis with the scores not otherwise used for accountability purposes. Consortium schools would be independently evaluated by external evaluation teams, including institutions of higher education, and could apply to the commissioner for a flexible school day program. HB 2824 would allow a student to demonstrate satisfactory secondary-level performance on an alternative assessment, like an AP, IB, or ACT exam, or by completing a dual-credit, IB, or AP course.
HB 462 (Huberty/Patrick, Dan) would prohibit the commissioner from adopting or developing a recommended teacher appraisal process that is based on student performance on a nationally applicable assessment instrument or an instrument that is enacted federally as optional criteria, excluding college AP and IB tests. The SBOE would be prohibited from adopting national “common core state standards” as part of the required curriculum. Likewise, a district could not use these common core state standards in place of instruction in the essential knowledge and skills. A district or open-enrollment charter school could not be required to offer any aspect of the common core state standards curriculum, nor could TEA adopt or develop a criterion-referenced assessment based on these standards. The Senate passed the bill, which now goes back to the House to either concur in Senate changes or call for a conference committee to reconcile the differences between the versions of the bill.
HB 1775 (Thompson, E./Hancock) would allow the UIL to require sports officials, such as umpires and field marshals, to register with the league, complete initial and continuing education requirements, be a member in good standing with an association of sports officials, and agree to abide by league rules and fee schedules. Sports officials would be required to submit to a criminal background check. The league could charge a registration fee only to defray the costs of administering registration. In accordance with a defined process, the UIL could revoke or suspend registration of a sports official for violating the league constitution or contest rules. The UIL could not sponsor or organize any organization of sports officials. HB 1775 would allow the UIL to set rates or fee schedules. Before UIL takes any action amending rules relating to the activities of sports officials, the league would submit the proposed action for public review and comment. The Senate passed the bill, which now goes to the governor.
HB 217 (Alvarado/Uresti) would define what beverages could be sold to students on a public elementary, middle, or junior high school campus. These schools could not sell or allow beverages to be sold to a student unless the beverage is one of the following: water without added sweetener; milk with a fat content of one percent or less; certain milk substitutions; 100% vegetable juice; 100% fruit juice. This restriction would not apply on a day in which school was not in session, before the beginning of the breakfast period, after the end of the last instruction period, or to a high school student whose campus is collocated with an elementary, junior high or middle school. The Senate passed the bill, which now goes to the governor.
House Floor
HB 1752 (Patrick, Diane/Seliger) would require the commissioner of the THECB to establish a Texas Teacher Residency Program at an institution of higher education that is committed to investing in teacher education. The institution would be selected by a competitive process and would form a partnership with an area school to provide employment to residents in the program. The program would be designed to award participants a master’s degree and lead to certification for residents who are not already certified teachers. The institution of higher education would identify faculty who can prepare teachers for high needs schools, reward faculty instructing in the program, implement a program to elevate the professional nature of teaching, and provide faculty support. The House concurred in Senate amendments, so the bill now goes to the governor.
HB 343 (Marquez/Rodriguez, Jose) would require school trustees in El Paso County to file financial disclosure statements in the same manner as a state officer's statement is filed with the Ethics Commission. Failure to file a statement would be a Class B misdemeanor. A late filing would result in a civil penalty of up to $10,000. The statements would be filed for financial activity occurring before January 1, 2018 and these provisions would expire on January 1, 2019. The House concurred in Senate amendments, so the bill now goes to the governor.
SB 504 (Deuell/King, S.) would amend the current requirement that school districts screen students for abnormal spinal curvature by allowing public schools to either participate in the screening program for children in grades 6-9 or provide information to parents and guardians about abnormal spinal curvature. If a child is exempted from the screening, the chief administrator would make the information available to the parent or guardian. The House passed the bill, which now goes to the governor.
SB 1406 (Patrick, Dan/Toth) would establish that instructional lessons developed as part of a curriculum management system (CSCOPE) by an ESC would be subject to the same SBOE review and adoption process as other instructional materials. The House passed the bill, which now goes to the governor.
SB 17 (Patrick, Dan/Fletcher) would require DPS to create a school safety and child protection training program for school employees who are licensed to carry a concealed handgun, are authorized by the school to carry it, and are selected to attend the program. Each campus that does not have a security officer could send two employees to the training each year at no cost. Additional employees could be sent for a fee. A school could revoke authorization for an employee to carry a concealed handgun if the employee refuses to participate in the training program. Trained employees could, pursuant to written authorization, carry a concealed weapon on their school's premises during a high school or interscholastic event in which their students are participating. The school safety training fund would be created as a special fund in the state treasury. DPS could solicit gifts and grants for the fund. DPS would be required to use the fund before using state funds to establish and maintain the program. The training program could be established and maintained only if sufficient funds are available. The House passed the bill, which now goes to the governor.
May 20, 2013
House to Consider Achievement School District Bill
On Tuesday, the Texas House will consider SB 1718 (West), a bill that would create a statewide school district called an Achievement School District (ASD). Schools that are low-performing for two years may be seized by the state and assigned to the ASD. The purpose of the ASD is to provide services so that student performance improves, then once that occurs, the school is to be returned to the local school district. The ASD is not governed by either an elected or appointed board. The commissioner of education appoints the superintendent for the ASD and may assign TEA staff to support the ASD operations.
The ASD violates principles of public school governance set out in Chapter 11 of the Texas Education Code. Instead of being governed by locally-elected, volunteer board members, the ASD is a new form of administrative unit that may choose to manage the schools assigned to it or that may contract with a charter school operator to provide services to students.
Funding for the ASD follows the student, according to SB 1718. The prior district’s formula funding per weighted student (Tier 1 and 2) flows to the ASD for each student who attends the ASD. The state provides its own share of the funds from state appropriations. It reduces the prior district’s formula funding to give the ASD the local share of funding. The prior district must provide services such as transportation and food service to the ASD, but the ASD reimburses the prior district for the actual cost of the services.
The ASD gets access to grants and discretionary funding that flow to the prior district as a pro rata share of all such revenue. Finally, because the prior district remains responsible for paying debt service and capital outlay, the prior district receives Instructional Facilities Allotment and Existing Debt Allotment funds for students in the ASD as well as students who remain in the prior district. The ASD is responsible only for routine maintenance and upkeep of the prior district’s facilities that are given over to the ASD for its use.
TASB urges school board members to contact their House members to express concern about SB 1718, a major new law that would change school governance in Texas and expand the reach of nonprofit or charter schools.
Bills on the Move
Senate Floor
HB 1122 (Johnson/West) would allow a school district with an enrollment exceeding 150,000 in a county with a population of 2.2 or more and bordering a county with a population of more than 600,000 to establish a three-year high school diploma pilot program. The program would be designed for students who do not plan on enrolling in a four-year college or university immediately after high school and would include partnerships with public post-secondary institutions offering a certificate program or associate degree program. Student participation would be voluntary and subject to parental approval. School districts would specify the curriculum requirements necessary to obtain a three-year degree, including sufficient knowledge and skills in English and math. The district would submit the curriculum requirements to SBOE for comment and to the commissioner for approval. Starting with the year after the first students receive a degree under this program, the commissioner would provide funding for the district’s full-day prekindergarten program in an amount equal to twice the number of students who received a three-year degree in the previous year. The Senate amended the bill to require the district to submit to the commissioner of education the district's proposal regarding the scope of the program and to the commissioner and SBOE the program curriculum requirements. The district would also not be allowed to implement the program before commissioner approval of the program scope and curriculum. The Senate passed the bill, which now goes back to the House to either concur in Senate amendments (sending the bill to the governor) or form a conference committee to reconcile the differences between the House and Senate version of the bill.
House Floor
SB 1114 (Whitmire/Herrero) would require a peace officer who issues a citation to a child age twelve or older for conduct that occurred on school property or on school transportation to submit to the court an offense report, a witness statement, and a victim’s statement, if any. The case could not proceed in a justice or municipal court unless these requirements are met. A law enforcement officer could not issue a citation to a student younger than twelve for conducting occurring at school or on school transportation unless the citation is for a traffic offense or public intoxication. Truancy citations would be dismissed by the court if they are not accompanied by the student’s statement regarding whether the district applied truancy prevention measures, as well as a statement as to whether the student is eligible for special education services. Arrest warrants could not be issued to children younger than 17 for a Class C misdemeanor occurring at school or on school transportation. The House amended the bill to require school districts to annually report to the commissioner information relating to certain nonviolent offenses. The information required would include age, sex, race, grade level and campus. The House passed the bill, which now goes back to the Senate to either concur in House amendments (sending the bill to the governor) or form a conference committee to reconcile the differences between the House and Senate version of the bill.
SB 542 (Watson/Allen) would require TEA to provide information to parents regarding individualized education program facilitation as a means of avoiding a potential dispute with the district. If a district chooses to use IEP facilitation, the district would provide parents written or electronic information regarding procedures for requesting facilitation. The district would decide whether to use an independent contractor, a district employee, or another qualified individual to serve as a facilitator. Facilitation would be provided at no cost. The use of an optional dispute resolution method could not deny or delay the federal right to pursue a special education complaint, mediation or due process hearing. TEA would develop criteria and procedures for independent individualized education program facilitation, including definitions, forms, and training requirements, as well as conditions required to be met in order for TEA to provide IEP facilitation at no cost to the parties involved. If funding is available, the commissioner could authorize the use of federal funds to implement the IEP facilitation project. The House passed the bill, which now goes to the governor for passage or veto.
SB 124 (Rodriguez, Jose/Marquez) would make tampering with PEIMS data a felony offense of the third degree. The House passed the bill, which now goes back to the Senate to either concur in House amendments (sending the bill to the governor) or form a conference committee to reconcile the differences between the House and Senate version of the bill.
SB 758 (Williams/Pitts) would amend the statutory schedule of payments to school districts through the Foundation School Program to reverse the deferral of the payment of the final installment of school district entitlement in a given fiscal year to the following September -- in effect moving the final FSP payment back into August. The House passed the bill, which now goes to the governor for passage or veto.
HB 773 (Farney/Schwertner) would require open-enrollment charter schools to recite the pledge to the state and U.S. flags. Students at a charter school could opt out of the pledge on their parents’ written request. The House refused to concur with a Senate amendment to require that 2-foot by 3-foot flags be displayed in all classrooms and called for a conference committee to negotiate with the Senate on a final bill.
SB 831 (Taylor/Coleman) would expand the list of mental health intervention and suicide prevention programs available for implementation at public schools to include substance abuse prevention and intervention. TDH, TEA and each ESC would make the list easily accessible on their websites. School district would continue to have the discretion of adopting a policy concerning these issues. However, any policy on substance abuse intervention would prohibit a medical screening to determine the need for substance abuse intervention without parental consent. The House passed the bill, which now goes back to the Senate to either concur in House amendments (sending the bill to the governor) or form a conference committee to reconcile the differences between the House and Senate version of the bill.
SB 816 (Hegar/Huberty) would amend the deadline for an initial special education evaluation report from the 60th calendar day after receipt of the written consent for evaluation to the 45th school day. The period would be extended, however, if the student has been absent during that period for three or more days. For students under the age of five who are not enrolled in public school, as well as for students in private or home school, the evaluation report would be completed by the 45th school day following receipt of the written consent for evaluation. If the consent for evaluation is received at least 35 days but less than 45 school days before the end of the school year, the evaluation and report would be provided to the parent by June 30th. In that instance, the ARD would meet by the 15th school day of the following school year. If the consent for evaluation is received less than 35 school days before the end of the year or, more than 35 days but less than 45 and the student was absent for three or more days, the report would be required not later than the 45th school day following the date the report was received. A school day would not include any day that falls after the last instructional day or before the first instructional day. The commissioner could determine which days are not considered school days for year-round schools. If a parent or guardian makes a written request for an evaluation, the district would have 15 school days in which to either provide the parent with an opportunity to give written consent for the evaluation or refuse the evaluation an provide notice of the procedural safeguards to which the parent is entitled. These provisions would not impair the rights of infants or toddlers who are receiving early intervention services. The House passed the bill, which now goes to the governor for passage or veto.
May 16, 2013
House Passes Charter Bill on to Third Reading
The Texas House today considered Senate Bill 2, Sen. Dan Patrick’s charter expansion bill that would increase the number of charters the state may grant and tighten requirements for revocation, approval and renewal of charters.
Chairman Jimmie Don Aycock (R-Killeen) laid out the bill by reminding the House that charter schools are public schools and that they operate under contracts with the state. He added that, as managers of those contracts, the state should seek to allow quality charters to expand while quickly closing failing charters.
Chairman Aycock outlined the major provisions of the bill, including that the SBOE will authorize charters; the charter cap will expand by 10 per year to 275 in 2019; performance frameworks will be established to annually evaluate charter schools; and revocation will be automatic for charter schools that perform poorly for three consecutive years.
Amendment 1 (Aycock): Begins clock running on revocation process with previous two accountability ratings so that schools are not punished for older poor performance. Establishes procedures for TEA to reconstitute the governing body of a charter.
Amendment 2 (Patrick, Diane): Requires that the commissioner not make any rule that excludes a prospective charter applicant solely on the basis of current assets, loans or lines of credit.
Amendment 3 (Turner): During the first three years of a charter’s existence, requires TEA will provide support for PEIMS reporting.
Amendment 4 (Frank): Excludes current charter schools from changes to charter nepotism laws in SB 2.
Amendment 5 (Huberty): Gives charter schools the same rights as traditional public schools regarding charters’ ability to provide online education services.
Amendment 6 (Turner, C.): Requires teachers and administrators in charter schools to at least hold a baccalaureate degree.
Amendment 7 (Ratliff): Provides additional five additional charters under the charter cap for charter schools who serve students with disabilities. The schools would need to have student populations of at least 50 percent disabled students.
Amendment 8 (Zedler): Requires a majority of members of the governing body of a charter school or charter holder to be qualified voters (U.S. citizens).
Amendment 9 (Zedler): Requires a charter school to maintain its check register online for public review.
Amendment 10 (Ratliff): Requires that the governing body of a charter school post the school’s financial statement on the school’s website.
Amendment 11 (Villarreal): Allows for automatic replication of charter schools who focus on early childhood education and have only one grade that is assessed.
Amendment 12 (Burnam): Requires the commissioner to work with a center for education research to produce a report comparing similar charter and traditional public schools to provide a valid and reliable analysis of student performance based on state assessment instruments.
Amendment 13 (Villarreal): Clarifies that parents and teachers may petition a school board for an in-district charter, and the school board must take a public vote on the matter.
Amendment 14 (Villarreal): Establishes a “neighborhood school” model of a charter issued by a school district.
Amendment 15 (Gutierrez): Adds to the charter/district report a section that would evaluate whether consolidation of school districts would improve performance.
The House then passed the bill to third reading on a vote of 105 to 34. The bill must undergo one more vote before going back to the Senate, where the Senate will either concur with the House’s amendments or appoint conference committee conferees to negotiate a final bill draft with House conferees.
Senate Ed Adds Tests to Test Reduction Bill
The Senate Education Committee met Thursday to consider the following bills:
HB 2836 (Ratliff) would require state assessments in grades 3-8 to be empirically determined to be valid and reliable by an independent entity. Writing assessments would no longer be required. Assessments would be designed so that 85% of students in grades 3-5 could complete the assessment within 120 minutes and in 180 minutes for students in grades 6-8. The maximum time for the test would be 8 hours and it would be administered in one calendar day. Districts would be limited to two benchmarks per assessment instrument. This limitation would not apply to college preparation assessments, classroom examinations, and benchmarks requested by the parent of a student with special needs. The committee substitute would reinstate writing assessments and removes the prohibition against using the social studies assessment as an indicator of student achievement. The substitute would also change the time by which 85% of students in grades 3-5 should be able to complete an assessment to 180 minutes and directs TEA to redesign test security policies to ensure the least amount of disruption of instructional activities at a campus. The substitute also calls for an interim committee to study the number and scope of assessments in grades 3-8 and will create a committee to study the TEKS. The committee left the bill pending.
HB 742 (Strama) would establish and administer a competitive pilot program to provide grants to not more than 10 school districts to use in providing instructional programs to students in prekindergarten through eighth grade during the summer. The program is designed to close academic achievement gaps for educationally disadvantaged students by providing instruction to maintain learning during the summer and compensate high-performing teachers for participating in the program. Each school district participating in the program must provide to the agency an annual written report containing certain specific information to evaluate the district's program. The committee substitute removes an amendment added on the House floor that would require TEA to contract with a third party evaluator to determine and prepare a report regarding the effectiveness of the program, making the bill revenue neutral. The committee left the bill pending.
HB 1775 (Thompson, E.) would allow the UIL to require sports officials, such as umpires and field marshals, to register with the league, complete initial and continuing education requirements, be a member in good standing with an association of sports officials, and agree to abide by league rules and fee schedules. The league could charge a registration fee only to defray the costs of administering registration. UIL could revoke or suspend registration of a sports official for violating the league constitution or contest rules. The UIL could not sponsor or organize any organization of sports officials. HB 1775 would allow the UIL to set rates or fee schedules. The committee left the bill pending.
HB 217 (Alvarado) would define what beverages could be sold to students on a public elementary, middle, or junior high school campus. This restriction would not apply on a day in which school was not in session, before the beginning of the breakfast period, after the end of the last instruction period, or to a high school student whose campus is co-located with an elementary, junior high or middle school. The committee left the bill pending.
HB 1454 (Gonzalez, N.) would require El Paso ISD to hold an event once a year in which a local nonprofit visits each campus to provide Type 2 diabetes prevention and awareness education to students in grades 3-12. A witness who has served on a school health advisory council testified in support of the bill because teaching students about Diabetes is important and can be done in various settings, such as advisory period. The committee left the bill pending.
HB 647 (Patrick, Diane) would allow a charter school to employ as a teacher or educational aide any person a school district could employ in those positions or any person a district could employ if the person held the appropriate certificate issued under Chapter 21 but the person has never held such a certificate. A charter school could employ a person in any other position if a school district could employ that person in the same position. A charter school administrator testified in support of the bill because it would allow charter schools to hire teachers who may have had a minor run-in with the law, such as seeking to purchase liquor with a fake ID. He noted that teachers who would benefit from this law are good people who made a simple mistake early in their lives and that charter school just want to be able to hire like traditional school districts hire applicants. The committee left the bill pending.
HB 2607 (Huberty) would require district grievance policies to permit an attorney or other person representing a district employee to participate in a formal proceeding, hearing, or conference regarding the grievance by conference call, provided the district has the necessary equipment for such a call. Holly Eaton of the Texas Classroom Teachers Association testified for the bill saying that it helps those involved in these proceedings. The committee left the bill pending.
HB 3662 (Clardy) would establish the Texas Workforce Innovation Needs program that would provide selected school districts, public institutions of higher education, and private or independent institutions of higher education with the opportunity to establish innovative programs designed to prepare students for careers for which there is demand in this state; and use the results of those programs to inform the governor, legislature and commissioner concerning methods for transforming public education and higher education in this state by improving student learning and career preparedness. Submitted testimony, including cards from TASB and TASA, was in favor of the bill. The committee left the bill pending.
HB 2201 (Farney) would require the SBOE to ensure that at least six career and technology courses, including a course in personal financial literacy that satisfies a statistics credit, are approved by September 1, 2014, to satisfy a fourth credit in math. The commissioner would submit a report to lawmakers regarding the progress of increasing the number of approved courses. Sen. Eddie Lucio (D-Brownsville) amended the bill to strike “satisfy statistics” from the bill to make the transition easier for TEA, which already has material for the personal financial literacy course but not for statistics. Submitted testimony, including cards from TASB and TASA, was in favor of the bill. The committee left the bill pending.
HB 590 (Naishtat) would require that the full individual and initial evaluation of a student to determine eligibility for special education services based on visual impairment include an orientation and mobility evaluation conducted by a certified specialist. The evaluation would take place in a variety of settings and lighting conditions. The specialist would participate in data evaluation and would determine the scope of reevaluation of visually impaired students receiving special education services. Submitted testimony was largely in favor of the bill. The committee left the bill pending.
HB 2483 (Alvarado) would require TEA to include oral health education as part of its coordinated health programs. Submitted testimony was largely in favor of the bill. The committee left the bill pending.
HB 2824 (Ratliff) would allow districts participating in the Texas High Performance Schools Consortium to add additional campuses to the consortium with commissioner approval. TEA would be required to submit reports in 2014 and 2016, and would add SBOE as a recipient of the report. The reports would include an update on campus effectiveness in closing achievement gaps on college readiness standards, an evaluation of teaching a few high-priority learning standards in depth, and recommendations for the legislature. Consortium schools would be evaluated on disaggregated data by student group and on a report-only basis with the scores not otherwise used for accountability purposes. The bill would also make other assessment and governance changes for consortium schools. The committee substitute would clarify that consortium campuses would be administered all assessment instruments and TEA will evaluate the campuses on a report-only basis with scores not otherwise used for accountability purposes. The commissioner will also be able to substitute assessments with equally rigorous assessments. Sen. Kel Seliger (R-Amarillo) expressed discomfort with the committee substitute because it gets away from the original intent of the bill, which was designed to give high-performing districts flexibility around testing. He felt that giving the commissioner authority over various aspects of the consortium would not allow flexibility for the member districts. Submitted cards, including TASB and TASA, were supportive of the bill. Bill Hammond of the Texas Association of Business submitted a card against the bill. Chairman Patrick said that he will move the bill forward as passed by the House and not as the proposed committee substitute would change the bill. The committee left the bill pending.
HB 2012 (Villarreal) would require TEA to collect salary data from school districts for employees entitled to the minimum salary schedule. The information would be posted on the agency website in a manner that indicates the average salary by school district for each position and, where applicable, grade level and subject. TEA would also conduct a cost-of-living salary comparability analysis in each region of the state to determine how teacher salaries compare to comparable professions. The committee substitute would require TEA to develop an online survey regarding working conditions. Chairman Patrick further amended the bill to allow TEA to collaborate with the Teacher Retirement System to determine accurate teacher salaries. Oral and submitted testimony was overwhelmingly in favor of the bill. The committee left the bill pending.
HB 3573 (Aycock) would establish the qualifications for a certificate to teach a health science technology education course. Specifically SBEC would require that the applicant have an associate or more advanced degree, current licensure or certification as a health professions practitioner, and at least two years of wage earning experience in the field for which the person is licensed or certified. SBEC could not impose more stringent education or experience requirements. A person who holds a technology applications certificate could also teach principals of art, audio/visual technology, communications, and principles of information technology. Submitted cards, including cards from TASB and TASA, were in favor of the bill. The committee left the bill pending.
Bills on the Move
SB 123 (Rodriguez, J./Marquez) would allow the commissioner to add complaints submitted to TEA regarding inaccurately reported data to the list of situations in which the commissioner may conduct a special accreditation investigation. The complaint could pertain to inaccurate data reported through PEIMS, or other reports required by state or federal law, rule or court order that is used by TEA for accountability purposes. The commissioner would have subpoena power during an investigation based on such a complaint. The House passed the bill, which now goes to the Senate to either concur in House amendments or appoint a conference a committee to negotiate a final bill.
HB 617 (Rodriguez, E./Zaffirini) would require districts or shared services arrangements to designate an employee as the designee on transition and employment services for special education students. This person would be responsible for providing information and resources to ensure that local school staff collaborates with students, parents, and service providers. The bill would also require TEA to develop, and update every two years, an online comprehensive transition and employment guide, the contents of which are specified in the bill. Districts would be required to provide written information and assistance to parents on how to access the guide at the first ARD meeting when transition services are discussed and at the first committee meeting that occurs after the guide becomes available. It would also be produced in electronic format and posted on the district's website. The House concurred in Senate amendments, which did not alter the bill, and the bill will now go to the governor.
SB 377 (Lucio/Gonzalez, M.) would prohibit the commissioner from lowering a district or campus performance rating due to a limited English proficient student’s unsatisfactory performance on an assessment for two years after the student initially enrolls in a school in the United States unless the test is given in the student's native language. A student would need to be enrolled in a school for at least 60 consecutive days in order to be considered enrolled in a school for a year. This provision would not apply to compliance monitoring or accountability under federal law. The Senate concurred in minor House amendments, sending the bill on to the governor.
SB 715 (Lucio/Farney) would amend all references to counselor and guidance counselor in the Education Code and replace them with “school counselor” for consistency’s sake. The licensed professional counselor provisions of the Occupations Code would not apply to school counselors other than licensed professional counselors. The Senate concurred in House amendments, sending the bill to the governor.
SB 914 (Lucio/Ratliff) would require that if the committee that develops a student’s IEP determines that a behavior improvement or intervention plan is appropriate for that student, then the plan would become a part of the IEP and given to each teacher with responsibility for educating the student. The Senate concurred in House amendments, sending the bill to the governor.
SB 1142 (Duncan/Davis, J.) would require the commissioner to create an adult high school diploma and industry certification charter school pilot program and a state assessment for adult education program participants in this program. The Senate concurred in House amendments, sending the bill to the governor.
HB 773 (Farney/Schwertner) would require charter schools to have students recite the pledge to the state and U.S. flags. Students could opt out of the pledge on their parents’ written request. The Senate passed this bill after Sen. Dan Patrick (R-Houston) amended the bill to require all classrooms to prominently display a 2-foot by 3-foot flag. The bill now goes back to the House to concur with the Senate amendment or appoint a conference committee.
SB 1541 (Van de Putte/Allen) would authorize a school bus driver to send a student to the principal’s office to maintain discipline on the bus. The principal would respond with the appropriate discipline technique, including placement in a DAEP or expulsion. Placement of students with disabilities would be subject to the procedure set forth in Education Code Section 37.004. Districts would be required to amend their student codes of conduct to reflect the circumstances warranting removal from a school bus. The Senate concurred in House amendments, sending the bill to the governor.
May 15, 2013
Senate Ed Sets Lengthy Agenda
The Senate Education Committee will meet at 8:30 a.m. on Thursday, May 16, to consider the following bills:
HB 590 (Naishtat) would require that the full individual and initial evaluation of a student to determine eligibility for special education services based on visual impairment include an orientation and mobility evaluation conducted by a certified specialist. The evaluation would take place in a variety of settings and lighting conditions. The specialist would participate in data evaluation and would determine the scope of reevaluation of visually impaired students receiving special education services.
HB 647 (Patrick, Diane) would allow a charter school to employ as a teacher or educational aide any person a school district could employ in those positions or any person a district could employ if the person held the appropriate certificate issued under Chapter 21 but the person has never held such a certificate. A charter school could employ a person in any other position if a school district could employ that person in the same position.
HB 742 (Strama) would establish and administer a competitive pilot program to provide grants to not more than 10 school districts to use in providing instructional programs to students in prekindergarten through eighth grade during the summer. The program is designed to close academic achievement gaps for educationally disadvantaged students by providing instruction to maintain learning during the summer and compensate high-performing teachers for participating in the program. Each school district participating in the program must provide to the agency an annual written report containing certain specific information to evaluate the district's program. The agency would contract with a third party evaluator to determine and prepare a report regarding the effectiveness of the program.
HB 1454 (Gonzalez, N.) would require school districts with an enrollment of 60,000 or more located in a county on an international border with a population of 800,000 or more to hold an event once a year in which a local nonprofit visits each campus to provide Type 2 diabetes prevention and awareness education to students in grades 3-12.
HB 1775 (Thompson, E.) would allow the UIL to require sports officials, such as umpires and field marshals, to register with the league, complete initial and continuing education requirements, be a member in good standing with an association of sports officials, and agree to abide by league rules and fee schedules. The league could charge a registration fee only to defray the costs of administering registration. UIL could revoke or suspend registration of a sports official for violating the league constitution or contest rules. The UIL could not sponsor or organize any organization of sports officials. HB 1775 would allow the UIL to set rates or fee schedules.
HB 2012 (Villarreal) would require TEA to collect salary data from school districts for employees entitled to the minimum salary schedule. The information would be posted on the agency website in a manner that indicates the average salary by school district for each position and, where applicable, grade level and subject. TEA would also conduct a cost-of-living salary comparability analysis in each region of the state to determine how teacher salaries compare to comparable professions.
HB 2201 (Farney) would require the SBOE to ensure that at least six career and technology courses, including a course in personal financial literacy, are approved by September 1, 2014, to satisfy a fourth credit in math. The commissioner would submit a report to lawmakers regarding the progress of increasing the number of approved courses.
HB 2483 (Alvarado) would require TEA to include oral health education as part of its coordinated health programs.
HB 2607 (Huberty) would require district grievance policies to permit an attorney or other person representing a district employee to participate in a formal proceeding, hearing, or conference regarding the grievance by conference call, provided the district has the necessary equipment for such a call.
HB 2824 (Ratliff) would allow districts participating in the Texas High Performance Schools Consortium to add additional campuses to the consortium with commissioner approval. TEA would be required to submit reports in 2014 and 2016, and would add SBOE as a recipient of the report. The reports would include an update on campus effectiveness in closing achievement gaps on college readiness standards, an evaluation of teaching a few high-priority learning standards in depth, and recommendations for the legislature. Consortium schools would be evaluated on disaggregated data by student group and on a report-only basis with the scores not otherwise used for accountability purposes. The bill would also make other assessment and governance changes for consortium schools.
HB 3573 (Aycock) would establish the qualifications for a certificate to teach a health science technology education course. Specifically SBEC would require that the applicant have an associate or more advanced degree, current licensure or certification as a health professions practitioner, and at least two years of wage earning experience in the field for which the person is licensed or certified. SBEC could not impose more stringent education or experience requirements. A person who holds a technology applications certificate could also teach principals of art, audio/visual technology, communications, and principles of information technology.
HB 3662 (Clardy) would establish the Texas Workforce Innovation Needs program that would provide selected school districts, public institutions of higher education, and private or independent institutions of higher education with the opportunity to establish innovative programs designed to prepare students for careers for which there is demand in this state; and use the results of those programs to inform the governor, legislature and commissioner concerning methods for transforming public education and higher education in this state by improving student learning and career preparedness.
The committee may also take up the following pending bills:
HB 217 (Alvarado) would define what beverages could be sold to students on a public elementary, middle, or junior high school campus. This restriction would not apply on a day in which school was not in session, before the beginning of the breakfast period, after the end of the last instruction period, or to a high school student whose campus is colocated with an elementary, junior high or middle school.
HB 1479 (Villarreal) would establish a committee, appointed by a county judge and San Antonio mayor, to recommend a uniform truancy policy for school districts located in Bexar County. The committee would recommend a policy addressing uniform filing process, administrative procedures, filing deadlines, a truancy information tracking system, and effective prevention and intervention methods. The presiding officer would issue a report by December 1, 2015 on each district’s implementation of the recommendations and compliance with state truancy laws. Compliance with the recommendations would be voluntary, however.
HB 1501 (Raymond) would require school districts to commemorate the events of September 11, 2001, with a moment of silence at the beginning of the first class period of the day when September 11 falls on a regular school day. Before the moment of silence, the instructor would make a statement of reference to the memory of those who died.
HB 1751 (Patrick, Diane) would amend the current educator excellence awards program by renaming it the “educator excellence innovation program.” The purpose of the program would be to transform educator and administrative quality and effectiveness in order to improve student learning and academic performance. TEA would award competitive program grants to school districts based on local educator excellence innovation plans that most comprehensively and innovatively address the purposes of the program. Districts could apply to the commissioner for a waiver of a requirement under Chapter 21 of the Education Code including waiver of the minimum salary schedule. Before a waiver application could be submitted, it would need to be approved by a majority of the board members and a majority of the teachers and staff at each campus for which the waiver is sought.
HB 1926 (King, K.) would add nonprofit entities, private entities and corporations as course providers offering electronic courses through the state virtual school network. These entities would be required to be controlled by a majority of U.S. citizens in order to be eligible. Private, nonprofit or corporate entities could only provide services if they comply with all state and federal antidiscrimination laws, possess prior successful experience offering online courses, have demonstrated student success in course completion and performance, can demonstrate financial solvency, and obtain SBOE approval of all services and products before offering them. Informed choice reports on the state virtual school website would include information regarding the entity that developed and delivered the course, the course completion rate, aggregate student performance on assessment instruments, and other information determined by the commissioner. The commissioner would negotiate an agreement with each course provider that governs the cost of the course, payment of funds, and other matters. A school could charge a fee if the student’s course load is greater than normally taken or if a student enrolls in a course for which the student’s school declines to pay the cost. A school could decline to pay the cost for a student to take more than three yearlong courses during any school year, but the student could enroll in additional courses at the student’s cost. A previous committee substitute sought to change the number of courses a student may take at district expense to four. A school could deny a student’s request to take a virtual course only if: 1) the course load is inconsistent with the graduation plan, college admission requirements, or industry certification requirements; 2) the student’s request is inconsistent with the enrollment period; or 3) the school or district offers a substantially similar course.
HB 2836 (Ratliff) would require state assessments in grades 3-8 to be empirically determined to be valid and reliable by an independent entity. Writing assessments would no longer be required. Assessments would be designed so that 85% of students in grades 3-5 could complete the assessment within 120 minutes and in 180 minutes for students in grades 6-8. The maximum time for the test would be 8 hours and it would be administered in one calendar day. Districts would be limited to two benchmarks per assessment instrument. This limitation would not apply to college preparation assessments, classroom examinations, and benchmarks requested by the parent of a student with special needs.