Legislative Update

3-12-10 SBOE amends Social Studies TEKS revisions

The State Board of Education (SBOE) met March 10-12 in Austin. The big item on the agenda was the continuing effort to revise the Social Studies Texas Essentials Knowledge and Skills (TEKS). The debate on the revisions was highly controversial; several board members even disavowed the revisions after completion.

The controversy stemmed from the more than 300 amendments to the revisions offered by board members. The amendments dealt with subjects ranging from inclusion of Hispanic heroes at the Alamo and gender and race issues to examining issues relating to separation of church and state. By the end of the debate, the board had all but completely rewritten the proposed revisions offered by the state appointed writing teams. This is very similar to the controversy that erupted over revisions to the English/language arts and reading TEKS last year. The writing teams were made up of educators and education experts who spent as much as two years and thousands of tax payer dollars revising their assigned TEKS only to have their work undone by the board. That controversy lead to a flood of challengers to sitting board members in this year’s primary elections; two board members will lose their seats at the end of this term.

The proposed revisions will be posted in the Texas Register and open for public comment. ATPE will notify members when the comment period opens.

Stay tuned for updates.

3-12-10 State facing major budget shortfall

The House Appropriations Committee met March 8 to hear testimony relating to the state’s budgetary outlook. Representatives from the Legislative Budget Board (LBB) testified that the board is projecting a shortfall of $11 billion for the next biennium, assuming no growth in spending or revenue. Their calculation is based on maintaining current biennial spending of $87 billion minus the projected state revenue of $75 billion, which was calculated during the last legislative session. However, several groups have recently projected shortfalls for the next session as high as $20 billion. While LBB spokesman John O'Brian said he could foresee a potential shortfall of as much as $15 billion due to factors such as increased Health and Human Services costs or costs associated with federal health care legislation, he believes projections in the $20 billion range are erroneous. The LBB calculations do not account for the $1.7 billion in savings that agencies are expected to produce through instructions by legislative leadership to cut their budgets by five percent, or the $1.4 billion the Permanent School Fund is expected to generate next year.

Texas Education Agency (TEA) representatives also gave invited testimony on their proposed budget cuts. Agency staff made a concerted effort to avoid making cuts to programs for disabled students and other services for special needs groups and tried to make cuts only to areas where there were redundancies of effort among multiple programs and where there was a lack of demand in current grant programs. However, the agency made a point to preserve funding for the District Award for Teaching Excellence (DATE) program. You can find a full list of proposed TEA budget cuts at http://ritter.tea.state.tx.us/lar/FivePrecentReductionTEAl.pdf.

3-8-10 GPO, WEP summit

ATPE representatives are in Washington, D.C. this week to take part in the first-ever national summit on the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP). The GPO and WEP are two provisions in federal law that can reduce Social Security benefits for employees such as Texas educators, who are eligible for both a government pension (like TRS) and Social Security. The summit is being hosted by the Texas Retired Teachers Association and will bring together groups from the handful of states affected by the GPO and WEP. Check back later in the week for a full report on the event. 

3-5-10 Congressional hearing on NCLB

The U.S. House Education and Labor Committee met March 3 to hear from U.S. Secretary of Education Arne Duncan on the Obama administration’s plans for the reauthorization of the Elementary and Secondary Education Act (ESEA), most recently known as No Child Left Behind (NCLB).

Duncan stated early in his discussion that teachers are the “game-changers,” and that federal and state leaders must support and empower them. He also discussed the importance of teacher preparation, stating that we need data-driven instruction and training. He mentioned reforms in Louisiana that allow the state to track educators from when and where they received training (traditional or alternative certification), to what school they teach in and the achievement levels of the students they teach. Duncan stated that this data allows for local curriculum to be based on student success.

One of the more promising things Duncan mentioned was that he wants to hold people and schools accountable with an assessment that makes sense. He stated that the federal government should not be micromanaging education practices. Instead, they should be providing the support necessary for states and local schools to determine and implement the necessary programs and curriculum for all students to achieve college and career readiness. He believes the best ideas come from the local level. ATPE agrees with this statement, and will deliver input to congressional leaders next week on what reforms we believe make sense and what we would like to see included in the ESEA reauthorization.

Although talk on reauthorizing the ESEA has geared up in recent weeks, there has been no formal bill filed yet. A preliminary version could surface soon.

Stay tuned for updates.

2-26-10 Early voting ends today

Early voting for the March 2 primary elections ends today. To find early voting locations in your area, check your local newspaper or contact your local voter registrar’s office. To find contact info for you local voter registrar, visit www.sos.state.tx.us/elections/voter/county.shtml.

Don’t forget to check out ATPE’s election fliers for side-by-side comparisons of the candidates running in your area before you vote. View the fliers at www.atpe.org/Advocacy/ElectionResources/electionfliers.aspx. (You will need to log in to the ATPE Web site using your membership ID number or personal login ID in order to view the fliers.) If you are not sure what district you live in, a district locater is available once you log in.

Don’t forget to vote!

2-26-10 TRS update

The Teacher Retirement System (TRS) board of trustees met Feb. 23-25 in Katy. One of the focal points of the meeting was the board’s decision to accept staff recommendations to not increase premiums for the TRS Care health insurance program for retirees. Premiums will remain the same as last year and coverage will be expanded to allow for annual physical exams or Well Woman examinations. However, premiums for TRS-ActiveCare PPO plans will increase seven percent. ActiveCare is the statewide health insurance program for active teachers. The premium increase will also apply to the ActiveCare 2 plan, which is the most widely used plan. Along with the premium increase, primary care co-payments will increase from $25 to $30 and specialist co-payments will increase from $35 to $50. The three regional HMO plans, over which TRS has no control, will also see some increases in cost. But some out-of-pocket expenses will decrease.

Also discussed was the TRS Rules Convention, an effort that began last November to review all TRS rules and relevant laws in order to make suggestions for any changes that staff and the board feel need to be made. The board expects a TRS cleanup bill to be filed during the next legislative session that will begin to implement the suggestions. ATPE will continue to follow this development closely.

Contact ATPE Governmental Relations for more information.

2-19-10 Lawmakers pledge bipartisan effort to reform NCLB

A group of senior members of the U.S. House of Representatives announced their plans Feb. 18 for an open, bipartisan effort to rewrite the No Child Left Behind Act (NCLB). NCLB is the name given by the George W. Bush administration to the Elementary and Secondary Education Act, the decades-old federal education bill. The group of legislators includes current U.S. House Education and Labor Committee Chairman George Miller (D-Calif.), along with Reps. Dale E. Kildee (D-Mich.), John Kline (R-Minn.) and Michael N. Castle (R-Del.). In a joint statement, the group said that NCLB “is a law we all agree is in need of major reform.”

President Barack Obama drew attention to education in recent months with the announcement of the Race to the Top program, a federal initiative designed to spur education reform by allowing states to compete for more than $4 billion in federal stimulus funds, as well as a provision in his proposed budget that calls for eliminating the standard of “adequate yearly progress,” a key component of NCLB’s accountability measures. However, pressing issues such as health care reform and the economy have taken priority over education reform and led insiders to speculate that NCLB would not be addressed any time soon.

Miller is planning hearings in the coming weeks to explore ways fixes for NCLB’s problems. ATPE will continue to follow the committee’s progress and will report on any significant developments.

Stay tuned for updates.

2-19-10 Tips for voting in the primaries

Early voting for the March 2 primary elections began Feb. 16 and continues through Feb. 26. The following are tips to remember about voting in Texas primaries:

·         If you vote in the Republican or Democratic primary March 2, you are eligible to vote in that party’s runoff election April 13. You can’t vote in the other party’s runoff that day.

·         If you don’t vote in either primary March 2, you can vote in either party’s runoff election, but not in both.

·         If you vote in either party’s first or runoff primary, you are ineligible to participate in the Libertarian Party’s June 12 state nominating convention.

·         Voting in the Republican or Democratic primary makes you ineligible to sign a petition to put an independent candidate or party on the ballot.

·         Voting in the primary does not legally bind you to vote for that party in the November general election.

Don’t forget to vote!

2-16-10 Don’t forget about early voting

Early voting for the March 2 primary elections begins today. Early voting is easy and convenient – voters do not have to vote at their precinct location like on Election Day. Simply go to any early voting location in your county, show your Texas driver license or voter registration card and cast your ballot. To find early voting locations in your area, check your local newspaper or contact your local voter registrar’s office. To find contact info for you local voter registrar, visit www.sos.state.tx.us/elections/voter/county.shtml. The last day of early voting is Feb. 26.

Primary elections are important; in some primary races, the winner will take office because there is no general election opponent. Don’t miss this opportunity to get involved. Texas voters are allowed to vote in either party’s primary and are not required to be registered with a party to vote in that party’s primary.  

Before you vote, make sure you know about the candidates running in your area and their stances on public education issues. Every election cycle ATPE prepares fliers containing side-by-side comparisons of the candidates running in contested legislative races. This year, we have also included fliers for the contested State Board of Education races. The comparisons for the candidates running in the upcoming primaries are now available on the ATPE Web site. ATPE encourages you to take advantage of this resource.

To view a comparison of the candidates running in your district, visit www.atpe.org/Advocacy/ElectionResources/electionfliers.aspx. You will need to log in to the ATPE Web site using your membership ID number or personal login ID in order to view the fliers. If you are not sure what district you live in, a district locater is available once you log in.

For more information, contact ATPE Governmental Relations.  

2-12-10 Select Committee of Federal Economic Stabilization Funding

The Select Committee on Federal Economic Stabilization Funding held its first hearing of the new year Feb. 10. The committee is charged with monitoring the use of federal funds from the economic stimulus reform initiated last year. However, the hearing focused largely on Gov. Perry’s decision to not pursue a competitive grant through the federal Race to the Top (RTTT) program. RTTT is a federal initiative to spur education reform by allowing states to compete for more than $4 billion in federal stimulus funds. The plan is to award grants to states that submit plans to advance effective education reforms focused on key Obama administration goals.

Committee Chair Rep. Jim Dunnam (D-Waco) and Rep. Garnett Coleman (D-Houston) questioned Associate Education Commissioner Jerel Booker on why the Texas Education Agency (TEA) would not pursue hundreds of millions of dollars in federal funding when the state is struggling to adequately fund education. Booker reiterated Perry’s stance that Texas should not participate in the competition because the state would be penalized for refusing to commit to the Common Core State Standards Initiative, an effort to drive states to adopt rigorous college and career readiness standards for math and language arts.

ATPE disagrees with this rationale. Although states participating in the national standards effort might have a leg up in the competition in this one regard, Texas is well positioned to submit an application for the grant that would not require Texas to commit to the Common Core initiative.

There will be another opportunity to apply for RTTT funds in the near future. TEA has not ruled out the possibility of applying at that time.

2-12-10 TEA news

The Texas Education Agency (TEA) has received a response from the U.S. Department of Education regarding an inquiry on the department’s newly revised interpretation of “highly qualified” for certain elementary school teachers. The new interpretation states that a teacher who was new to the profession in the 2009-10 school year and demonstrated subject area competency by passing a certification exam in a specific subject area will no longer be considered “highly qualified” for elementary grades (grades pre-k-6) until he/she has also passed a generalist certification exam.

TEA requested flexibility in implementing this new interpretation and/or a timeline for Texas teachers to comply with the newly interpreted “highly qualified” requirement.

In response, the department has granted TEA a waiver concerning the applicability of the requirements to elementary school teachers who teach outside the basic elementary curriculum (e.g., art, music and foreign language). TEA has posted guidance that provides specific examples of the impact of the new interpretation and requirements for parental notification at http://ritter.tea.state.tx.us/taa/stanprog012210a.html.

The agency has also released an FAQ document to help answer questions about the changes to the graduation requirements for Texas public school students approved in January. You can view the document at http://ritter.tea.state.tx.us/curriculum/SBOE_GradReqs_FAQ_vol1.pdf.

1-29-10 Education Commissioner says he will sunset every TEA rule

Education Commissioner Robert Scott announced earlier this week that he plans to sunset every Texas Education Agency (TEA) rule. The term “sunset” refers to reviewing existing rules and determining whether to keep, change or let them expire. TEA rules are developed to implement additions or changes in the law enacted by the legislature.

Scott’s proposal basically amounts to completely rewriting the entire Texas Education Code. Sunsetting the code will be a huge undertaking for TEA staff. The code hasn’t been rewritten since 1995 and more than 200 pages have been added to it in the last 4 years alone. Scott also proposed condensing the typical 4-year timeline for such a project to 1 year, adding to the grand scale of the project.

Scott promised to include the education community and stakeholders in the process. He said his goal is to find ways to make the code more efficient by reducing redundancies and getting rid of rules that don’t work or make sense.

ATPE will continue to follow this development as it unfolds.

Stay tuned for updates.  

1-28-10 Voter registration deadline is Monday, Feb. 1

In order to vote in the March 2 primaries, you must be registered to vote by Monday, Feb. 1.

The 2010 primary elections are just a few weeks away, and it is imperative that educators turn out and support the candidates they believe will best support public education. To vote in the primaries, you must be registered to vote by Monday, Feb. 1. If you register by mail, your registration card must be postmarked by that date. If you were previously registered, you do not have to reregister unless you have moved or your name has changed.

To find out if you need to register, go to https://team1.sos.state.tx.us/voterws/viw/faces/SearchSelectionVoter.jsp.   

You can download a mail-in registration card at www.sos.state.tx.us/elections/forms/vr17.pdf, or you can register in person at your county clerk’s office or local Department of Public Safety office.

Don’t wait. Register right away!

1-26-09 STAAR to replace TAKS

Speaking at the Texas Association of School Administrators mid-winter conference today, Education Commissioner Robert Scott announced that the next generation of tests for public school students will be called the State of Texas Assessments of Academic Readiness or STARR.

From the TEA press release:

STAAR will replace the Texas Assessment of Knowledge and Skills (TAKS), which is the criterion-reference assessment program that has been in place since 2003. The STAAR name, pronounced the same as star, will be used for the 12 end-of-course assessments mandated by SB 1031 in 2007 and the new grade 3-8 assessments mandated by HB 3 in the 2009 legislative session. The new tests will be used beginning in the 2011-2012 school year. Students in the graduating Class of 2015, who are currently in seventh grade, will be the first students who must meet the end-of-course testing requirements, as well as pass their classes, in order to earn a diploma.

The STAAR tests are said to be more rigorous than the TAKS and will measure both student achievement and academic growth. Scott also said that school ratings will be suspended in 2012 to allow for the transition to the new testing model.

Stay tuned for updates. 

1-22-10 New committee to address budget challenges, new School Finance Committee members named

Texas House of Representatives Speaker Joe Straus (R-San Antonio) announced the creation of the House Select Committee on Fiscal Stability Jan. 12 in response to ongoing reports of dwindling state revenue and budgetary strains.

The Legislative Budget Board recently announced that the state will have nearly $11 billion less during the next budget cycle than it did for the 2010-11 biennium. Various other indicators are also signaling that the national recession is catching up with the Texas economy. Straus said the creation of the committee is part of the House’s comprehensive approach to solving the potential budget shortfall in a time of reduced revenue. Legislative leadership has also instructed state agencies to find ways to cut five percent of their current budgets. Several agencies have been made exempt from this requirement, including the Teacher Retirement System (TRS) and the Foundation School program. However, with school districts already in dire shape financially, future budgets for public schools and TRS will most likely be affected by the dismal state budget.

The Select Committee on Fiscal Stability is charged with assessing Texas’ ability to meet its current and future budget obligations and analyzing whether the shortfall is due to the current recession alone or more systemic problems. Rep. John Otto (R-Dayton) will chair the committee and Rep. Sylvester Turner (D-Houston) will serve as vice chair. The remaining committee members are Rep. Angie Chen Button (R-Garland), Rep. Gary Elkins (R-Houston), Rep. Kirk England (D-Grand Prairie), Rep. Jim Keffer (R-Eastland), Rep. Phil King (R-Weatherford),Rep. Eddie Lucio III (D-San Benito), Rep. Marisa Marquez (D-El Paso), Rep. Rene Oliveira (D-Brownsville), Rep. Tan Parker (R-Flower Mound), Rep. Ken Paxton (R-McKinney), Rep. Jim Pitts (R-Waxahachie), Rep. Marc Veasey (D-Fort Worth) and Rep. Mike Villarreal (D-San Antonio).

Straus and Dewhurst also announced their appointments to the Select Committee on School Finance Weights, Allotments and Adjustments Jan. 21. Created during the 81st legislative session, the committee is charged with conducting a comprehensive review of funding formulas under the public school finance system and making recommendations to the Legislature on how to improve the system.

The committee is also charged with examining how the state can reach its goal of post-secondary readiness and a continued focus on accountability and closing the achievement gap between socioeconomic groups. To that end, committee member Rep. Mike Villarreal is soliciting public input on his Web site on education strategies and programs that are working in various communities. To submit your input, click here.

Besides Villarreal, the remaining House members on the committee are Rep. Jimmie Don Aycock (R-Killeen), Rep. Rob Eissler (R-The Woodlands), Rep. Scott Hochberg (D-Houston). Eissler will serve as co-chair of the Select Committee. Dr. Richard Middleton, the North East Independent School District superintendent and an adjunct professor of public school finance at Trinity University, will serve as the public school community member. Larry Kellner, president of a private investment firm and former CEO of Continental Airlines, will serve as the member from the business community.

The Senate appointees are Education Committee Chair Florence Shapiro (R-Plano), Sen. Robert Duncan (R-Lubbock), Sen. Dan Patrick (R-Houston), and Sen. Royce West (D-Dallas). Dr. Leonard Culwell, the Garland Independent School District superintendent, will serve as the public school community member, and Dr. Harrison Keller, Vice Provost for Higher Education Policy and Research at the University of Texas, will serve as a representative from the business community.

The committee will hold public hearings throughout the state and solicit information from the education community, parents of public school children and other community members. According the press release, at least one public hearing will also be held at a public school in order to include students in the discussion.

For more information, contact ATPE Governmental Relations.

1-15-10 Texas will not compete for Race to the Top funds

Gov. Rick Perry formally announced this week that he would not allow the Texas Education Agency (TEA) to seek a portion of the $4 billion available through the Race to the Top (RTTT) program. RTTT is a federal initiative to spur education reform by allowing states to compete for more than $4 billion in federal stimulus funds. The plan is to award grants to states that submit plans to advance effective education reforms focused on key Obama administration goals. Perry said that he decided that Texas should not participate in the competition is because the state would be penalized for refusing to commit to the Common Core State Standards Initiative, an effort to drive states to adopt rigorous college and career readiness standards for math and language arts.

Although ATPE agrees that federal intrusions into education are not welcome in Texas, we disagree with Perry’s rationale. TEA has already invested thousands of dollars and hundreds of man-hours in the RTTT application process. Although states participating in the national standards effort might have a leg up in the competition in this one regard, Texas is well positioned to submit an application for the grant that showcases the successes we’ve already achieved in public education and that proposes spending the money on short-term initiatives aimed at improving educator quality. Such an application would not have required Texas to commit to the Common Core initiative, nor would it have created future obligations for the state’s taxpayers. Furthermore, RTTT funds are federal taxpayer dollars that can return to Texas and directly benefit our children and their schools. It wouldn’t hurt to at least apply for the funds and showcase our state’s ongoing education reform. If the feds don’t believe Texas is a leading force in education reform, they can keep the grant.

For more information, contact ATPE Governmental Relations.

1-15-10 SBOE Update

The State Board of Education’s (SBOE) January meeting continued today in Austin. The board’s first order of business was to pass a resolution affirming their own authority to adopt education standards and praising Gov. Rick Perry and Education Commissioner Robert Scott for not joining the National Governors Association's Common Core model standards initiative and for not applying for Race to the Top funds.

The board then resumed discussions from yesterday on proposed revisions to the Social Studies Texas Essential Knowledge and Skills (TEKS). Much of the debate centered on which historical figures or important individuals should be included in the curriculum standards and whether the TEKS should say "including" or "such as" when referring to such lists. Use of the phrase "such as" does not require the textbooks to mention every individual on the list. Member Pat Hardy, a history teacher herself, argued that the board was overburdening the TEKS with lists of too many names for teachers to expect students to be able to remember.

Members Barbara Cargill and Terri Leo succeeded in adding lessons on good citizenship to the elementary school TEKS. The lessons would include such things as teaching children how to "hold elected officials to their word." In a rare moment of levity at SBOE proceedings, board member Mavis Knight wondered aloud how educators would know how to teach first-graders this skill when adults have a hard-enough time holding elected officials to their word.

Members of the self-described "social conservative" faction of the board proposed numerous changes to the revisions to portray American and Texas history in a more positive light, such as replacing the word "imperialism" with the word "expansionism." Board member Bob Craig cautioned the board against making the TEKS so detailed as to make them a lesson plan for teachers rather than a framework for the curriculum.

Well into the second full day of debate on proposed amendments to the Social Studies TEKS, the board voted unanimously to postpone further deliberations until SBOE's March meeting. They also postponed a second reading vote on rules for the use of open source textbooks and mid-cycle textbook reviews under Proclamations 2010 and 2011.

The board gave final approval to changes to the graduation requirements that were discussed yesterday (see below) and approved on first reading revisions to the TEKS for English/Language Arts/Reading elective courses in high school.

The board also approved two firms (Credit Suisse Customized Fund Investment Group and NB Alternatives Advisers LLC) for private equity discretionary management contracts, with $650 million of the Permanent School Fund allocated to each firm. Code of Ethics changes related to the Permanent School Fund management were also approved on first reading.

For more information, contact ATPE Governmental Relations.

1-14-10 SBOE Update

A motion by State Board of Education (SBOE) member Bob Craig to keep Integrated Physics & Chemistry (IPC) a science option for all three graduation plans passed 8-5 today. The motion requires IPC to be taken in the ninth or 10th grade. Members were very persuaded by a survey conducted by the Texas Education Agency (TEA) on the subject (see below for more information). More than 5,000 teachers responded the survey to show their support of IPC. However, a second vote on this controversial topic will have to be taken tomorrow in accordance with board rules.

The board also voted to adopt changes to the state’s graduation plans that allow a student whose doctors certifies that the student is unable to meet the physical demands of a physical education (PE) course can still take a modified course and graduate under the recommended or distinguished achievement plan. Currently, such students are forced into the minimum plan because they can't pass PE. The board also voted to allow students to substitute up to four years of athletics for PE and to continue to allow team and individual sports to count as substitutions, as well.

On the subject of textbooks, SBOE members made changes to the rules for the adoption and distribution of instructional materials that were mandated by two bills passed during the last legislative session dealing with electronic textbooks. At the request of one of the bill's authors, the board revised the definition of a "classroom set" and eliminated the minimum number of books a district must order for a classroom set.

The board also approved on first reading revisions to the TEKS for ELAR elective courses. Discussion of the Social Studies TEKS revisions is up next.

Stay tuned for updates.

1-8-10 SBOE meeting

The State Board of Education (SBOE) will meet Jan. 12-15. Among the items on the agenda is a public hearing on proposed revisions to the Texas Essential Knowledge and Skills (TEKS) for social studies and English and language arts electives. You can view the proposed revisions at www.tea.state.tx.us/index2.aspx?id=3643. The board will hear public testimony during the hearing. If you wish to testify at the hearing, you can register today and Monday at www.tea.state.tx.us/index4.aspx?id=3958. However, it’s important to note that testimony will be limited and it’s likely that some who register will not get the opportunity to testify.  The meeting will also include a discussion of the changes to the graduation requirements approved last November.

All SBOE meetings are now broadcast live on the internet. To watch the meeting, go to www.tea.state.tx.us/index4.aspx?id=3876. ATPE will monitor the meeting and report on any significant developments next week. For more information, visit www.tea.state.tx.us/index4.aspx?id=3785.

Stay tuned for updates.