Association of Texas Professional Educators

High noon for public ed

Issues to watch during the 82nd legislative session

By Ethan Herr, ATPE Governmental Relations communications coordinator

At noon Tuesday, Jan. 11, 2011, the 82nd Legislature will convene. As always, ATPE will be there around the clock to make sure your voice is heard and that lawmakers make education a priority. However, it will take all of us working together to safeguard the education advances the state has made over the years and to guide the Legislature in the right direction moving forward.

Being informed is the first step toward being an effective advocate; that’s why we’ve prepared this preview of some of the top public education issues during the upcoming session. We’ve also included the current ATPE Legislative Program, the member-developed document containing ATPE’s positions on education issues, to help you understand ATPE’s message to the Legislature. This document guides all of ATPE’s advocacy efforts.

Visit www.atpe.org/advocacy for more information on legislative issues. If you have questions, contact ATPE Governmental Relations at (800) 777-ATPE or government@atpe.org.

Receive up-to-the-minute info from the LAN

When the clock is ticking on important education bills, you’ll want to be a member of the ATPE Legislative Alert Network (LAN). Joining this free e-mail service is the best way to ensure that you stay plugged in during the upcoming session. LAN members have all of the latest legislative news and happenings sent directly to their inboxes and receive alerts that instruct them on when and how to contact elected officials to influence important votes and decisions. Becoming a LAN member also grants you exclusive access to the ATPE Advocacy Center, an online resource that makes contacting your legislators and advocating for your profession a snap. Join the LAN at www.atpe.org/Advocacy/LAN/lanpromo.asp.

Budget cuts

The fact that legislative leaders are calling for across-the-board budget cuts is no surprise. The state has faced budget deficits heading into the past several legislative sessions. However, the national economic downturn appears to have finally caught up with Texas, and the state is facing unprecedented budgetary shortfalls. Last January, the Legislative Budget Board announced that the state would have nearly $11 billion less during the next budget cycle than it did for the 2010-11 biennium. In response, state leaders instructed all state agencies to cut 5 percent of their current budgets to help close the gap. Luckily, several agencies were exempt from these cuts, including the Teacher Retirement System (TRS) and the Foundation School Program. In May, as the budget shortfall estimates continued to rise, state leaders continued to order cuts, including $126 million from Texas Education Agency (TEA) programs. Agencies slashed $3.2 billion from the current budget, but the state is still facing a budget deficit of roughly $25 billion (estimates vary) for the next biennium.

Because the Texas Constitution requires the Legislature to pass a balanced budget, the state has three options: drawing from the state’s rainy-day fund; raising revenue through fees, taxes or moneymakers such as legalized gambling; or cutting spending. The state’s rainy-day fund is only worth about $9 billion, and state leaders have been reluctant to use it in the past. Likewise, previous attempts to legalize gambling have failed, and raising taxes is never a popular solution. This means the state will most likely cut spending. Public education funding makes up the largest portion of the state’s discretionary budget, so it’s a prime target for cuts. The Legislature’s cross hairs will most likely target educational programs and quality measures such as class-size limits, contract rights and teachers’ salary structure.

During an April meeting of the Select Committee on Public School Finance Weights, Allotments and Adjustments, Committee Co-Chair Florence Shapiro (R–Plano) cited class-size limits as the most costly mandate superintendents mention when they are asked to look for savings. During that same hearing, invited witnesses testified that teacher due process rights were another major cost driver. ATPE refuted those claims and brought the committee a proposal that would both reduce wasteful spending and improve the educational environment. Mentoring and induction programs are highly effective recruitment and retention tools that can produce long-term savings with minimal upfront investment. It has been estimated that teacher turnover costs the state and school districts more than $500 million per year. By investing in quality induction programs, the state and districts stand to save a substantial portion of the yearly education budget through reduced turnover. National research has found that comprehensive induction programs are an effective way to increase educator retention and, ultimately, student achievement. ATPE will continue to advocate for these types of solutions.

School finance

Fixing the school finance system has long been a hot-button issue. In 2005, the Texas Supreme Court ruled that the school finance system was unconstitutional because the majority of districts were at the state cap (then $1.50 per $100 of property value). The court determined such districts no longer had meaningful discretion over tax rates and that the cap had created a de facto statewide property tax (unconstitutional under Texas law.) Even before the court ruling, the Legislature had dedicated several regular and special sessions to this issue. However, legislation attempting to address school finance wasn’t passed until the third special session of the 79th Legislature in 2006. Because the court ruling focused on property taxes, the Legislature decided the best way to deal with the issue was to reduce property taxes and restore “meaningful discretion” for school districts in setting tax rates.

By the start of the 81st legislative session in 2009, it was apparent that the 79th Legislature’s fix did not shore up the system. Although the 81st Legislature had no plans for finding a permanent solution to the system’s problems, it was evident that something would have to be done to provide school districts some relief. The Legislature passed House Bill (HB) 3646 by Rep. Scott Hochberg (D–Houston), a school finance expert. HB 3646 provided school districts with $1.9 billion to help relieve budget constraints caused by inflation, increased costs due to population growth and dwindling revenue streams.

The Legislature recognized HB 3646 as a temporary fix and created the Select Committee on Public School Finance Weights, Allotments and Adjustments to conduct a review of the school finance system’s funding formulas and recommend system improvements. During a September hearing, Committee Co-Chair Florence Shapiro (R–Plano), who also chairs the Senate Education Committee, came to the conclusion that Texas’ current system is so dysfunctional that the state should scrap the entire program and start over. Shapiro was not alone in her assessment. According to Lisa Dawn-Fisher, deputy associate commissioner of school finance for the Texas Education Agency (TEA), a large portion of Texas schools are underfunded, and it would cost the state more than $917 million during the next biennium to bring these districts up to the target for weighted average daily allowance for per-pupil spending. According to discussion among committee members, this is the result of years of litigation and adjustments made to the system in an attempt to make state spending more equitable across varying types of districts, such as low-income, high-income, rural and urban districts. Committee Co-Chair and House Public Education Committee Chair Rob Eissler (R–The Woodlands) agreed with Shapiro and stated that the current system needs to be changed because not even the Legislature truly understands how it works. Hochberg, a committee member, stated that this lack of understanding exists because the state has no real idea of the true cost of educating students and that past efforts to make such determinations have been unsuccessful or ignored by the state.

The committee discussed some alternative methods for funding education, including a plan by Sen. Dan Patrick (R–Houston) that calls for using an increase in the state’s sales tax rather than property taxes to fund education. According to Patrick, each penny increase of the current 6.25-percent sales tax would generate an additional $2.4 billion in revenue. Whether the committee’s sentiment will translate into legislative action remains to be seen. Even Shapiro admitted that the Legislature currently lacks the political will to do what needs to be done. However, given the dire circumstances, the Legislature will likely take action.

Teacher Retirement System

Despite rising health care costs and inflation, Teacher Retirement System (TRS) retirees have not received a cost-of-living increase since 2001. Prior to the 80th legislative session in 2007, TRS was declared actuarially unsound, which meant its assets could not cover its financial commitments over a 30-year period. State law requires the system to be actuarially sound before the Legislature may grant retirees a cost-of-living increase. Previous Legislatures had already enacted cost-cutting measures, including requiring new employees hired after September 2007 to be at least 60 years old to retire, changing how pensions are figured and prohibiting employees from purchasing “air time” service credit. To bring the system back into the black, the 80th Legislature decided to raise the state’s contribution rate from the constitutional minimum of 6 percent to 6.58 percent. This allowed the state to grant retirees a one-time “13th check” as a temporary cost-of-living adjustment.

However, during the economic downturn of 2008, the TRS fund lost more than $30 billion in fewer than six months. The fund has recovered nicely since then, but it was far from being actuarially sound at the onset of the 81st legislative session in 2009. In response, the Legislature reduced the state’s system contribution rate to 6.4 percent but increased its overall appropriation to the system by $190 million for the biennium. This was not enough to make the system actuarially sound, so the Legislature attempted to use $200 million in general state revenue to provide retirees another 13th check. However, the attorney general ruled that even though the 13th check would have been funded through general revenue rather than TRS funding, such a check would be illegal because TRS was not actuarially sound. As a result, general revenue funds were used to increase the state’s contribution rate to the current 6.644 percent.

During an August hearing of the House Pensions, Investments and Financial Services Committee, TRS Executive Director Ronnie Jung said that the agency’s preliminary budget request asks the state to raise its contribution rate 0.5 percent for each year of the 2012-13 biennium. However, Jung also stated that due to the budget shortfall, he does not expect the Legislature to grant that request. ATPE’s priority for the session will be to persuade the Legislature to dedicate the funds necessary to bring TRS back to actuarial soundness so that retirees can be granted a permanent cost-of-living increase. ATPE will also work to preserve funding for TRS health care programs and will support any legislation that improves TRS services and benefits.

Charter schools/special education

Charter schools receive public education funding but are subject to very little regulation. The charter movement began in Texas in 1995 as a limited experiment when the Legislature rewrote the Texas Education Code and authorized 20 charters. Since then, the program has expanded to more than 200 charters operating more than 400 campuses. Although some charter schools have successfully implemented innovative teaching techniques to reach students who have struggled in traditional public schools, many others have squandered taxpayer resources and failed to produce results. Yet legislative support for the charter movement is still strong. During the 2003, 2005 and 2007 legislative sessions, attempts were made to create “virtual charter schools” that would use public funds to provide online education. Most recently, the state has shown interest in using charter schools to provide educational services for special education students and students with disabilities such as autism.

The Senate Education Committee’s first interim charge was to review the performance and accountability of the state’s charter schools and to study the options for increasing the number of outstanding charters. The committee was also to study the feasibility of operating charter schools that focus on providing high-quality education for students with disabilities, as well as study the effectiveness of special education programs. During a June meeting, the committee heard invited testimony from out-of-state experts on the idea of operating charter schools for students with disabilities in the same facilities as existing public schools. This could set the stage for a push to pass charter-related legislation during the session.

ATPE does not oppose charter schools or virtual learning, but we do support adhering to a rigorous authorization process when granting charters as well as requiring charter schools to meet appropriate financial accountability and academic performance standards before they are allowed to continue or expand.

Teacher preparation/certification/appraisals

The National Council on Teacher Quality unleashed a hailstorm of controversy when it released a report this past April criticizing the teacher preparation programs of several Texas colleges and universities. The state was already aware of the need to improve teacher preparation programs; the 81st Legislature had approved tougher accountability measures for such programs. Lawmakers seem poised to take additional action.

The Senate Education Committee’s third interim charge was to review the state’s certification and training programs. The committee was to review how teacher evaluations can be used to improve student achievement and instructional practices. ATPE was selected to testify before the committee in July. ATPE’s testimony included the findings of the Study on the Distribution of Teacher Quality in Texas, an ATPE-commissioned study conducted by Dr. Ed Fuller, a special research associate at the University of Texas at Austin. The study found that there is a positive association between teacher quality and student achievement but that teacher quality is inequitably distributed among schools. The study includes ideas for improving teacher quality, such as maintaining a strong minimum salary schedule for educators, implementing a comprehensive teacher induction plan for new educators and using multiple measures for teacher evaluations. (Learn more about the teacher quality study.)

2010-11 ATPE Legislative Program

The ATPE Legislative Program, the member-written-and-approved statement of ATPE's positions on education issues, will guide ATPE's efforts at the Capitol during the 82nd legislative session.

1) Teacher recruitment and retention

ATPE supports mandatory state-funded and research-based mentoring programs for beginning educators. ATPE recommends that the state compensate mentors and give them sufficient training and resources to be successful.

ATPE recommends that the state fund programs to reduce the financial burden on teachers pursuing certification and to recruit and retain educators in shortage areas.

ATPE recommends that the state provide full insurance benefits for educators after 20 years of service as an incentive to retain experienced educators.

ATPE supports a state-funded buyback or reimbursement plan for accumulated state personal leave.

ATPE supports providing an increase in the Teacher Retirement System (TRS) multiplier for educators who remain in the profession beyond their eligibility for full retirement.

2) Collaborative working environment

ATPE supports a governance structure for schools that encourages a collaborative working environment between educators and local school board members.

ATPE recommends that districts/the state:

1. Establish ethics standards for all local school board members.
2. Require full public notification when a local district considers or requests waivers.
3. Strengthen the site-based decision-making (SBDM) process to ensure that state SBDM laws are effectively implemented.
   

   Such measures should:

   1. Hold all participants accountable for their roles and responsibilities.
   2. Support majority representation by certified teachers on SBDM committees.
   3. Establish an appeals process to the local school board.
   4. Require SBDM committees to determine the use of contract days beyond the days of instruction and advise the school board.

3) Collective bargaining

ATPE supports Texas’ remaining a right-to-work state.

ATPE opposes collective bargaining and the exclusive representation of employees being granted to only one employee organization in a school district.

4) Certification and assignment

ATPE supports a state certification process that ensures educators are appropriately trained and certified exclusively by the state.

ATPE opposes mandatory national certification.

ATPE supports a requirement for a review of any recommendation or decision that would deny an educator certification if such a review does not already exist.

ATPE recommends that the state:

1. Standardize teacher preparation programs to include policies and practices designed to ensure that new teachers receive adequate mentoring and support.
2. Require comprehensive pedagogical training, including classroom and discipline management, child and adolescent psychology, and methods courses.
3. Require coursework in the areas of reading, special education, gifted/talented, ESL and computer literacy.
4. Require districts to assign all certified educators to teach in their certification area(s).
5. Require administrators to have at least five years of classroom teaching experience.

5) State Board for Educator Certification (SBEC)

ATPE supports the maintenance of a separate, independent state board that allows educators to govern their own profession and enforce the Educator Code of Ethics.

ATPE recommends that a majority of the board’s voting members be public educators elected by the profession.

ATPE supports laws requiring criminal background checks of public school employees so long as public school employees are not responsible for the cost of such checks and appropriate safeguards are in place to protect the confidentiality of results.

6) State Board of Education (SBOE)

ATPE opposes any legislation that would make the entire board subject to appointment by the governor.

ATPE supports legislation to allow board members to elect their own chairman and to require that the chairman have a background in public education.

ATPE recommends that all board members have public education experience.

7) Safe schools

ATPE supports measures to ensure all educational settings are safe environments where students, school employees and volunteers can be productive.

ATPE recommends that school districts/the state:

1. Make personnel standards and curriculum for all alternative education programs commensurate with K–12 public education requirements.
2. Immediately remove any student who threatens or physically assaults a school employee, volunteer or another student to an alternate placement as determined by district policy. The student’s parent or guardian should be notified immediately.
3. Utilize resources to deter or recover students from gang involvement and/or substance abuse.
4. Require accurate coding and reporting of incidents at schools.
5. Require comprehensive training in Chapter 37 (relating to student discipline) as well as annual notification of and/or updates on campus-level procedures regarding compliance with Chapter 37.

8) Class size

ATPE supports reduced class sizes and caseload limitations that are mandated and enforced by the state for all grade levels and instructional settings to allow for optimal learning environments.

ATPE recommends that the state limit class-size waivers and require full public disclosure of requests for class-size waivers.

9) Curriculum

ATPE supports comprehensive instruction in all grade levels that prepares Texas students for success throughout their public school years as well as in higher education, career and technology opportunities.

ATPE recommends that school districts/the state:

1. Allow teachers and administrators to determine the appropriate content and/or methodology of curriculum and education programs, including e-learning programs.
2. Require one year of mandatory attendance in an accredited kindergarten program in order for students to be eligible to enter first grade. Children entering kindergarten should be 5 years old on or before July 1.
3. Expand and fund career and technology programs.
4. Provide English Language Learners (ELLs) with adequately trained personnel and the most appropriate placement to meet their needs.
5. Recommend that any changes to graduation requirements be made with full consideration of the need for a well-rounded curriculum and student choice.
6. Ensure that the State Board of Education incorporates educator input whenever the Texas Essential Knowledge and Skills or graduation requirements are revised.

10) Grading policies

ATPE supports school district policies that give deference to an educator’s professional discretion in assessing the progress of his or her students.

11) Testing

ATPE supports a testing and accountability system developed with educator input that maximizes student learning and helps educators meet the individual needs of students.

ATPE opposes the use of high-stakes tests as the sole measure of student achievement.

ATPE recommends that the state:

1. Provide all manipulative instruments and necessities mandatory for the completion of statewide assessments at the beginning of each school year.
2. Allow appropriate modifications and/or accommodations on statewide assessments for English Language Learners (ELLs), special education students and students served by Section 504.
3. Not require all students to take the ACT or SAT.
4. Support state and locally developed alternative assessment instruments provided that teachers are afforded additional and adequate resources to undertake assessment development.
5. Ensure that any online testing for state assessments is fully funded by the state, tested and operational for each school district and allows appropriate modifications and/or accommodations for students.
6. Support a set schedule for releasing all implemented state-required assessments in even-numbered years.
7. Allow for flexibility in determining when ELLs are required to be assessed in English.

12) Elementary and Secondary Education Act (No Child Left Behind)

ATPE recommends that curriculum remain in local control and opposes a standardized national curriculum and test being mandated as part of the reauthorization of the Elementary and Secondary Education Act (ESEA), also referred to as the No Child Left Behind Act (NCLB).

ATPE recommends that all mandates in ESEA be fully funded by the federal government.

ATPE recommends that federal accountability laws be designed to allow for educators to meet the needs of individual students.

ATPE recommends that the state’s accountability and data systems, including any growth models, be based on statistically valid principles.

ATPE supports measures to ensure that persons involved in any way in the implementation and administration of ESEA make full disclosure of conflicts of interest and that all financial transactions related to the implementation and administration of ESEA be transparent.

13) Professional development

ATPE supports quality professional development programs for all school district personnel. Programs should meet the standards in the Professional Development Imperative (PDI), be offered at no cost and be made easily accessible.

ATPE recommends that school districts/the state:

1. Require site-based decision-making (SBDM) committees to determine how staff development days are used in accordance with campus needs.
2. Offer comprehensive staff development in areas including but not limited to special education, school law, technology, gifted/talented education, crisis management, discipline, school safety and cultural awareness.
3. Accept and approve all State Board for Educator Certification (SBEC)-approved professional development for credit by all school districts.

14) Home schooling and private schooling

ATPE opposes any program or initiative, tuition tax credit or voucher system that would direct public funds to private, home or for-profit virtual schools.

ATPE opposes the participation of home-school and private school students in public school classes and/or extracurricular activities unless such students can meet grade-level accountability standards.

15) University Interscholastic League

ATPE opposes any legislation that will abolish the UIL or require it to open its membership to all private and home schools.

ATPE opposes any legislation that will eliminate the athletic period from the school day or abolish “No Pass, No Play” standards.

ATPE opposes legislation permitting schools to employ coaches who are not full-time employees of the district or parents to perform eligibility checks.

16) Charter schools

ATPE recommends that the state adhere to a rigorous authorization process when granting charters and require charter schools to meet appropriate financial accountability and academic performance standards before allowing them to continue or expand.

ATPE supports employees of charter schools having applicable certification requirements, standards, rights and benefits commensurate with employees of traditional public schools.

17) Windham School District and Texas Youth Commission

ATPE supports the goals established for the Windham School District and the Texas Youth Commission. Educators employed by those entities should have certification requirements, standards, rights and benefits commensurate with other public school district educators.

18) Parental, business and community involvement

ATPE supports programs that encourage parental, business and community involvement in the education of all students, with special efforts made to include non-English-speaking parents and/or other minority parents.

ATPE recommends that the state encourage employers, including school districts, to provide release time for parents to participate in school/parental involvement activities.

ATPE supports requiring all Texas legislators, especially those serving on committees dealing with educational issues, to spend time each year in classrooms in school districts of varying sizes and socioeconomic backgrounds throughout the state in order to gain firsthand knowledge of the inner workings of Texas public schools.

19) Texas public education system

ATPE supports a fully funded state and federal public education system for every student. ATPE also supports any form of state revenue enhancement and tax restructuring that empowers the state to be the system’s primary funding source.

ATPE recommends that the state base its school finance system on financial accountability measures and specifically allocate state and local funds for educator compensation, state mandates, effective program weights for special populations and all grade levels, alternative and regular education facilities costs, equipment costs, debt service, transportation costs and education service centers (ESCs).

20) Permanent School Fund

ATPE supports a management strategy that maintains the security and growth of the Permanent School Fund while maintaining the integrity of the distribution method applied to the Available School Fund.

21) Contracts and due process

ATPE supports maintaining current educator contract laws and due process laws regarding teacher assignment, transfer, hiring and dismissal, including requirements for independent hearing examiners.

22) Paraprofessionals

ATPE supports a state minimum salary schedule for all paraprofessionals employed by the school district as well as duty-free lunches, due process, basic notification and reasons for employment termination considerations.

23) Compensation and benefits package

ATPE supports a career compensation and benefits package for all certified, licensed and contracted public school employees that mandates competitive salaries that are equal to or greater than the national average and competitive with private industry. The state program should include a minimum salary schedule that provides for step increases over a 30-year period to recognize longevity in the profession.

ATPE supports full state funding for compensation and benefit increases that districts are required to pass on to individual educators in the exact amount funded without any loss of local supplement.

ATPE recommends that the state prohibit districts from substantially reducing an employee’s effective rate of pay through the imposition of additional duties outside the classroom or extension of the school day, week or year. The state should prohibit school districts from making changes to local policy after the deadline for resignation, if those changes would reduce educators’ compensation or benefits.

24) Differentiated pay

In addition to minimum salaries, ATPE supports differentiated pay in the form of step increases or stipends for public educators who undertake advanced certification/training, advanced coursework or degrees or other professional duties that they are required to perform outside normal instructional activities.

25) Performance-based decisions

ATPE opposes the use of student test scores as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation or as the primary rationale for an adverse employment action.

ATPE opposes incentive or performance pay programs unless they are designed in an equitable and fair manner as determined by educators on a campus basis.

ATPE supports the creation of a statewide set of evaluation standards for campus administrators that includes a survey of campus classroom educators and staff regarding the professional performance of the campus administrators.

26) Leave policies

ATPE supports state standards that establish fair and equitable leave policies.

ATPE recommends that the state:

1. Grant full employment benefits to employees who are physically injured by students until such time as the employees return to work or, if necessary, throughout their retirement.
2. Increase the number of state personal days to 10 per year.
3. Grant full daily pay to employees who have been subpoenaed.

27) Health insurance

ATPE supports providing public school employees with high-quality, competitive health insurance benefits that are fully funded by the state at a level equal to or greater than the benefits provided to state employees.

ATPE supports requiring TRS-Care to pay for routine annual physical exams, including all physician-ordered testing.

28) Teacher Retirement System

ATPE supports the dedication of all available revenue to maintain the actuarial soundness of the pension fund in order to improve benefits for all active and retired Teacher Retirement System (TRS) members. In addition, ATPE supports an increased state contribution rate, an increase of the retirement formula multiplier, the establishment of TRS benefits comparable to state employee retirement benefits, and continued control of TRS funds at the state level.

ATPE recommends that the state:

1. Provide for one year of state-paid retirement credit for every 50 days of unused, accumulated state leave.
2. Require that a majority of TRS board members be educators.
3. Maintain the Rule of 80 formula for retirement eligibility without penalties for early-age retirement.
4. Provide an annual cost-of-living increase for retired educators.
5. Maintain the current defined-benefit pension plan for all TRS members.
6. Give TRS contributions the same weight as Social Security contributions for the purpose of calculating child support payments.

29) Social Security

ATPE supports the amendment of federal law/rules to eliminate provisions that reduce retirement benefits of educators.

ATPE opposes mandatory participation in Social Security for employees of public school districts in Texas.

30) Tax credits

ATPE supports permanent tax credits and equitable reimbursement programs for materials and items purchased by educators for use in classrooms or other education-job-related purposes.

31) Payroll deduction

ATPE supports state standards that establish fair and equitable payroll deduction policies.

32) Paperwork reduction

ATPE supports meaningful efforts to monitor and control the paperwork burdens on educators.

33) Regulatory exemptions

ATPE generally opposes the state granting waivers or exempting districts and campuses from provisions of the Education Code.

ATPE recommends full public disclosure of requests for waivers or exemptions.

34) Consolidation

ATPE opposes forced consolidation of school districts but supports state incentive aid for districts to consolidate or divide if either would be advantageous to an equitable and efficient education for students.

Help develop the ATPE Legislative Program

To influence next year’s legislative program, contact your local unit president about serving as a delegate at the 2011 ATPE Summit, July 20–23, 2011, in Austin. The ATPE House of Delegates will adopt the 2011-12 program during the summit. Visit www.atpe.org/summit for more information.

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