Advocacy Blog

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The ATPE Government Relations Team is hard at work to push issues important for educators and public education in Austin and Washington DC.

Follow our advocacy blog (originally published at www.teachthevote.org) for all the latest education news and information:

 
July 07, 2020

The Texas Education Agency (TEA) today released a new Public Health Planning Guidance document for the 2020-21 school year. While ATPE is still analyzing the guidance, it appears fairly similar to the previously released “draft” public health guidance, which was seemingly posted by mistake last month on the agency’s website.

Notably, TEA’s press release on the guidance released today states that all students, teachers, staff, and visitors coming to campus must be screened before being allowed on campus. Additionally, Governor Greg Abbott’s statewide mask order will require that masks are worn while in school buildings, with certain exceptions as outlined in the governor’s order. However, it is clear that TEA’s nine-page guidance issued today, much like its “draft” predecessor, continues to place most responsibility on local school districts for coming up with their own plans for dealing with COVID-19.

As previously reported, ATPE has released Recommended Health and Safety Guidelines for a return to school and factors that local and state decision-makers should consider. Read a press statement from ATPE about the July 7 guidance document released by TEA.

Stay tuned to our Teach the Vote blog for more detailed analysis on the public health guidance coming soon from ATPE’s lobbyists, and visit ATPE’s COVID-19 FAQ and Resources page for other news and updates.

July 07, 2020

The 2020 Census is well underway, but at a smidge over 56%, Texas still has a long way to go in its response rate. Using the resources compiled by Texas Counts, here’s what educators and community stakeholders should consider as they help to get out the count in their communities.

Messaging: Find sample messaging here and remember to keep it simple and emphasize that completing the census is safe, easy, and important. Unfortunately, the potential inclusion of a citizenship question on the census has garnered fear among many who live in Texas. Some are also afraid that the information on the number of people who live in their household will be shared with their landlords or that their location will be shared with police or law enforcement. It important for those living in Texas to know that it is illegal for the U.S. Census Bureau to release information from the census and that the information shared, especially regarding children, will help to provide an adequate amount of resources for public schooling, meals, child care, and other essential public resources. Find a repository of videos, postcards, flyers, and posters from Texas Counts here.

Source: usatoday.com

Responding to the census is easier than ever with the new online response system, and you don’t have to have received an invitation to submit your response. As we previously reported, the U.S. Census Bureau has a great webpage explaining ways to respond to the census and updates on situations caused by the coronavirus, such as college students who are now at home. (Please count college students in the town in which they attend college!) Those who have not self-responded to the census can also use phone or mail methods to respond and must do so by October 31, 2020.

Recognizing Hard-to-Count Communities: It is estimated that 25% of Texans and 30% of Texas children live in areas that are considered hard-to-count due to difficulties in contacting, locating, surveying, and/or engaging. In some cases, factors like language barriers, lack of stable housing, or distrust of the government can contribute to the presence of hard-to-count communities. School systems are particularly suited to easing these factors because educators and school leaders are trusted community members, who can reach families through regular communications and contact (such as meal pickups), and are readily able to translate census outreach materials in the same ways they translate other school communications.

The image below gives you some idea of the vast area of Texas that is hard-to-count by showing the portions of Texas (in yellow) that are just beginning to receive hand-delivered packets from census workers. These areas do not have stable access to the internet or are in areas that require in-person delivery of census materials. Since these areas are perhaps just hearing about the census for the first time, so be sure to reach out to families and reinforce the safety and ease of completing the census. Census workers will undertake the huge task of non-response follow up (NRFU) starting August 11 through October 31, at which point they will go to all households that have not responded yet to the census. Since school will be starting again around this time, communications about the census to families are vital and should be disbursed regularly.

Know the Facts: As we previously reported here on Teach the Vote, Texas received $43 billion in total census-statistic derived funding in 2018. This included over $1.3 billion dollars in Title I funding, $1.4 billion in National School Lunch Program funds, $1.1 billion for the State Children’s Health Insurance Program (S-CHIP), and billions more for foster care, early childhood education, child care, and other nutritional programs. A 1% under count could cost the state $300 million, which would heavily impact families, children, and the elderly. Knowing what is at stake will help messaging to those who rely on these services.

The tool below, developed by the City University of New York, is a great way to explore census data and see specifically which parts of your community need extra outreach.

See the full map at www.censushardtocountmaps2020.us

Happy census-ing and thank you to all educators and community stakeholders who are engaging in get-out-the-count efforts. Our public schools depend on it!

July 03, 2020

This week, we celebrated the anniversary of the 26th Amendment to the United States Constitution, which was ratified July 1, 1971. Since the 26th Amendment lowered the voting age from 21 to 18, now is the perfect time to celebrate with all the young people in your life as you make plans to early vote in the primary runoffs. Here is our wrap-up of this week’s education news from the ATPE Governmental Relations team. We wish you a safe and relaxing Independence Day weekend!


CORONAVIRUS UPDATE: On Thursday, Gov. Greg Abbott made headlines with an executive order requiring that Texans wear masks in public spaces in counties with 20 or more positive COVID-19 cases. There are a few exceptions to the mask order, including for children under 10 years old, those with a medical condition that prevents wearing a mask, and in some specified circumstances such as driving. Violating the order is punishable by fine, but jail time for violations is prohibited. See the full executive order with a list of exceptions and exempted counties here. Abbott also reduced the limits of most allowed gatherings from 100 to 10 people. Both changes take effect at 12:01 p.m. Friday, July 3, 2020.

According to an article by the Texas Tribune republished here on our blog, Gov. Abbott gave an interview on Thursday afternoon in which he speculated about restarting schools this fall. ““If COVID is so serious, it may mean that students are having to learn from home through a distance learning program,” the governor is reported as saying, despite giving earlier assurances that it would be safe for schools to reopen soon. Meanwhile, we continue to wait for the Texas Education Agency (TEA) to provide school districts with health and safety guidance needed to begin the new school year. The agency posted a public health document last week only briefly before quickly pulling it down and calling it a working draft.

ATPE has shared its own Recommended Health and Safety Guidelines to the state and districts, urging them to address the safety concerns of school staff, students, and parents well ahead of a return to in-person classes, especially with the current spike in Texas coronavirus cases. Our recommendations urge TEA to release COVID-19 reopening guidelines and require that prior to the start of the 2020-21 school year, each school district disseminate a local policy describing health and safety measures it will take to mitigate and respond to the threat of COVID-19. ATPE believes TEA should require districts to involve non-administrative, campus-level staff and parents as they develop such policies. Districts should promptly notify employees and parents of their policy, and they must also be ready to adjust their policy should pandemic conditions change. We also provided a list of other considerations for districts to consider as they develop their policy, which include accommodating varying levels of risk factors among their student and staff populations, minimizing person-to-person contact, planning for special populations, adjusting staff  leave policies as necessary, and addressing child care needs of their staff, especially since many districts are now contemplating staggered student schedules or mandatory remote instructional days.

Please visit ATPE’s COVID-19 FAQ and Resources page for news and answers to educators’ commonly asked questions amid the rapid developments during this pandemic. Many of the categories of resources on the TEA Coronavirus Support Page were also updated this week, including an Operation Connectivity Survey, English learner guidance, waivers, finance, and grants (information on synchronous and asynchronous instruction), crisis code reporting results, July 4 public health resources, and child nutrition. Gov. Abbott also extended the P-EBT application deadline to July 31.


ELECTION UPDATE: Early voting for the primary runoffs and the Texas Senate District 14 special election started this Monday. Polls are closed today for the holiday, but early voting will continue through July 10. Election day is July 14, but we highly recommend you early vote in order to avoid crowds and lines. This week, ATPE Lobbyist Andrea Chevalier voted early and documented her experience here on our blog with tips to prepare for a safe trip to the polls.

The education-focused nonprofit organization Raise Your Hand Texas is holding two virtual forums for runoff candidates next week (see below). If you’re not attending the ATPE Summit next week, find more information and submit questions for the candidate forums here.

  • Texas Senate District 19 (San Antonio to Big Bend area) – Tuesday, July 7 at 1:00 p.m. (CDT)
  • Texas House District 26 (Houston/Sugar Land area) – Thursday, July 9, from 11:30 a.m. to 1:30 p.m. (CDT)

We know that the COVID-19 pandemic is creating many challenges for our public education system that will be long-lasting and require a commitment of support from our elected officials. Voting is the best way to influence laws and policies in Texas that will affect your profession, your schools, and your students. Find a list of polling places where you can vote here. Generate a personalized sample ballot here. Review candidate profiles here on Teach the Vote. Stay safe, Texas voters!


FEDERAL UPDATE: On Wednesday, July 1, the U.S. Department of Education officially published a final interim rule that states how public school districts must spend their CARES Act federal emergency funds for equitable services offered to private schools. The rule became effective immediately upon being published, but it is open for public comment through July 31, 2020. TEA held an update training session on Thursday in light of the changes; expect to find the training recording on TEA’s Grant Compliance and Administration YouTube playlist here. The new rule gives districts two options – spend CARES Act funds only on Title I schools and follow the longstanding interpretation of equitable services under federal law, or spend CARES Act funds on all schools and be held to the questionable interpretation of the equitable services law advanced by U.S. Department of Education Secretary Betsy DeVos. Read ATPE Lobbyist Andrea Chevalier’s post on the rule from last week for more information.

DeVos also announced final rules that impact the Teacher Education Assistance for College and Higher Education (TEACH) Grant program, which provides up to $4,000 a year to college students who are taking certain courses in preparation to teach, so long as they continually certify that they meet certain requirements when they become teachers, such as teaching in a low-income school. If recipients do not continue to meet the requirements, the grant is converted to a loan. As reported by the Government Accountability Office (GAO) in 2015, many TEACH Grant recipients had their grants converted to loans due to confusion over the requirements. The new rules change the department’s practices to expand how recipients can fulfill their service obligation, simplify the employment certification requirements, and allow recipients whose grants have been converted to loans to request a reconversion, among other provisions. Read a fact sheet on the rules here.


This week, ATPE Senior Lobbyist Monty Exter set the record straight on erroneous claims that teachers can temporarily retire due to the pandemic. The “temporary retirement” myth was mentioned in a news story following a conference call national teacher union affiliates held with Texas reporters last week. The Teacher Retirement System (TRS) has made it clear that there is no such option for “temporary” retirement, explaining that any teacher who retires and then returns to employment will be held to a fixed annuity amount as of their retirement date. There are a number of restrictions on early retirement that educators should consider. Read retirement facts in this blog post by Exter.


New data show student engagement declined when the pandemic forced schools to close this spring. The Texas Education Agency (TEA) released crisis code reporting data this week, which includes crisis code reporting on student “engagement” and indicates that more than 600,000 students (about 11% of the student population) had inconsistent or no contact with their teachers or administrators. ATPE’s 2020 Membership Survey provided even more concerning data related to engagement, as just over 65% of our survey respondents reported that their students were less engaged during virtual learning. Moving forward, TEA and school districts will need to prioritize data collection and planning that works towards eliminating barriers students faced when attempting remote learning this spring, which goes far beyond access to Internet and devices. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


The State Board of Education (SBOE) met this week to address several agenda items, including revision of physical education and health TEKS, which garnered over 12 hours of virtual testimony on Monday. Votes on proposed revisions to the curriculum standards will not occur until a future meeting of the board.

On Tuesday morning, Commissioner of Education Mike Morath appeared before the board during its virtual meeting and fielded questions from SBOE members on topics such as testing and how teachers would be protected against COVID-19 risks when schools reopen. The commissioner said no decision has been made yet as to whether Texas will seek a federal waiver of testing and accountability requirements like it did during the spring when schools were forced to close. Read a summary of Morath’s comments to the board in this blog post by ATPE Lobbyist Andrea Chevalier.

The SBOE committees’ work on Wednesday was largely uneventful, although the Committee on Instruction did amend an agenda item to keep computer science as a required high school course. On Thursday, the full board had a lengthy discussion about increasing the capacity of the charter school bond guarantee program by 20%. Upon a motion by Member Ruben Cortez (D-Brownsville), the board voted 5-9 in favor of maintaining the increase. The board moved forward with ease on their other agenda items.


An accurate count for Texas in the 2020 U.S. Census is essential for adequate funding of public schools and other services that will be sorely needed in the aftermath of the coronavirus pandemic. The Census Bureau has launched a self-response rates map, showing Texas currently ranks 40th and is tied with Arkansas. Rankings by county and city are also available, creating the perfect opportunity for some friendly competition! Congratulations to Mountain City, Texas and Fort Bend County for the highest census completion rates in Texas!

Find a Census response rate competition toolkit here, and keep spreading the word on social media and in other communications with family, friends, and the community about the importance of filling out the census questionnaire.

July 03, 2020
Abbott previously resisted calls for such an order and at one point banned local governments from requiring masks. First-time violators will be issued a warning, though repeat offenders could be fined up to $250.

Gov. Greg Abbott’s latest order requires Texans living in counties with more than 20 COVID-19 cases to wear a face covering over the nose and mouth while in a business or other building open to the public, as well as outdoor public spaces, whenever social distancing is not possible. Photo credit: Ricardo B. Brazziell/Pool/American-Statesman

Gov. Greg Abbott issued a statewide mask mandate Thursday as Texas scrambles to get its coronavirus surge under control.

The order requires Texans living in counties more than 20 coronavirus cases to wear a face covering over the nose and mouth while in a business or other building open to the public, as well as outdoor public spaces, whenever social distancing is not possible. But it provides several exceptions, including for children who are younger than 10 years old, people who have a medical condition that prevents them from wearing a mask, people who are eating or drinking, and people who are exercising outdoors.

The mask order goes into effect at 12:01 p.m. Friday. It immediately applies to all Texas counties, but counties with 20 or fewer active cases can be exempted — if they opt out. County judges must submit an application to be exempted to the Texas Division of Emergency Management. TDEM will list the counties that have opted out on its website.

Later Thursday, in an interview with Univision in Dallas, Abbott also signaled he might be rethinking plans to open the state’s public schools for in-person classes this fall, after state officials said last month that it would be safe.

“If COVID is so serious, it may mean that students are having to learn from home through a distance learning program, something like the use of Zoom or FaceTime or other strategies where a teacher in real time will have the means to speak with a student, a student will be able to speak with other students, and it will replicate the class setting as much as possible,” he said.

State officials have delayed the release of public health guidelines for in-person instruction as cases have continued to rise. But a draft version last month showed they were planning to leave safety regulations up to individual school districts instead of issuing mandates.

The mask order represents a remarkable turnaround for Abbott, who has long resisted a statewide requirement, even as the coronavirus situation has gotten worse than ever over the past couple of weeks in Texas. When he began allowing Texas businesses to reopen this spring, Abbott prohibited local governments from punishing people who do not wear masks. As cases began to rise earlier this month, he clarified that cities and counties could order businesses to mandate that customers wear masks.

In recent days, Abbott had held firm against going further than that, saying he did not want to impose a statewide requirement that may burden parts of the state that are not as badly affected by the outbreak.

Along with the mask order, Abbott on Thursday also banned certain outdoor gatherings of over 10 people unless local officials approve. He had previously set the threshold at over 100 people. The new prohibition also goes into effect Friday afternoon.

Abbott’s latest moves come ahead of Fourth of July weekend, which has raised concerns about larger-than-usual crowds gathering while the state grapples with the virus spike.

Abbott also released a video message Thursday, saying the latest coronavirus numbers in the state “reveal a very stark reality.”

“COVID-19 is not going away,” he said. “In fact, it’s getting worse. Now, more than ever, action by everyone is needed until treatments are available for COVID-19.”

In the video, Abbott reiterated his resistance to returning the state to the roughly monthlong stay-at-home order he issued in April. He said Texans “must do more to slow the spread without locking Texas back down.” He also said his latest announcement is “not a stay-at-home order” but “just recognizes reality: If you don’t go out, you are less likely to encounter someone who has COVID-19.”

“We are now at a point where the virus is spreading so fast there is little margin for error,” Abbott said.

Abbott’s announcement came a day after the number of new daily cases in Texas, as well as hospitalizations, reached new highs again. There were 8,076 new cases Wednesday, over 1,000 cases more than the record set the previous day.

Hospitalizations hit 6,904, setting a new record for the third straight day. The state says 12,894 beds are still available, as well as 1,322 ICU beds.

Abbott has been particularly worried about the positivity rate, or the share of tests that come back positive. That rate, presented by the state as a seven-day average, has jumped above its previous high of about 14% in recent days, ticking down to 13.58% on Tuesday. That is still above the 10% threshold that Abbott has long said would be cause for alarm amid the reopening process.

First-time offenders of Abbott’s order will receive a written or oral warning. Those who violate the order a second time will receive a fine of up to $250. Every subsequent violation is also punishable by a fine of up to $250. The order specifies that no one can get jail time for a violation.

After listing several exceptions to the mask requirement, Abbott’s order specifies that at least one group of people is not exempted from the order: “any person attending a protest or demonstration” with over 10 people who cannot socially distance. Like other states, Texas has seen massive protests since George Floyd was killed in Minneapolis police custody.

Democrats and local officials had been demanding that Abbott institute such a requirement, and the state party said his new order was “far too little, far too late.”

“This is unacceptable,” party spokesman Abhi Rahman said in a statement. “Governor Abbott continues to lead from behind rather than implementing preventive measures to stop the spread of the coronavirus.”

When asked at a Thursday afternoon press conference about Abbott’s new order, San Antonio Mayor Ron Nirenberg simply said, “It’s about time.”

“We will count this one as a good step that the governor is taking,” Nirenberg added.

Nirenberg was speaking alongside Bexar County Judge Nelson Wolff and the leaders of the region’s main hospitals when news of the order broke. Wolff was the first local official to order businesses to require their customers to wear masks.

“Now with the order by the governor, that’s going to help take a lot of pressure off the businesses,” he said.

But Abbott’s mask requirement is likely to further anger a small but vocal group of fellow Republicans in the Texas Legislature who have grown increasingly frustrated with his executive actions. Health experts say masks help slow the spread of the coronavirus, but some conservatives have railed against mask mandates, saying they impose on people’s freedoms.

One intraparty Abbott antagonist, state Rep. Jonathan Stickland of Bedford, vented after Abbott’s announcement Thursday that the governor “FAILED TO MENTION” the mask mandate during a conference call with legislators.

“What a piece of crap!” Stickland tweeted. “The man thinks he is KING!”

State Rep. Tony Tinderholt, R-Arlington, tweeted that lawmakers “need a special session now so legislators can pass laws, not Abbott.”

This is Abbott’s latest set of moves aimed at trying to get the virus surge under control in Texas. Six days ago, he ordered bars closed and reduced the permitted restaurant occupancy to 50%, among other things.

Juan Pablo Garnham and Aliyya Swaby contributed reporting.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/07/02/texas-mask-order-greg-abbott-coronavirus/.

July 01, 2020

This spring, when the COVID-19 pandemic sent our educational system into triage mode, Texas educators were asked by the Texas Education Agency (TEA) to document “student engagement” using crisis codes in the state’s Public Education Information Management System (PEIMS). The data collected by the agency was released yesterday, but take it with a big grain of salt. The term “engagement” might be a misnomer based on TEA’s definitions, and ATPE’s own survey of Texas educators indicates we have a lot of work to do on re-engaging students.

Student engagement as we familiarly know it typically refers to factors such as attendance, participation in lessons, timely completion of assignments, and students’ attitudes toward learning. For reporting purposes during the crisis, TEA defined an engaged student as one who was responsive and completing assignments, which is rather vague. For example, secondary students in multiple classes were considered engaged if they were completing assignments in any core content area. Therefore, an “engaged” middle school student could have completed some assignments in an ELA course but in no other courses. An “unengaged” student was defined as responsive but not completing assignments, regardless of the underlying reason for the student’s lack of engagement. An “uncontactable” student was defined as not responsive at all.

As defined, the TEA crisis codes seemed to measure whether students were present as opposed to their true engagement. Additionally, these definitions leave out students who may not regularly complete assignments as part of their schooling, such as those who receive special education services.

The student engagement data newly released by TEA, which is still being updated by districts through July 16, showed that 88.72% of students were “engaged.” The agency reported that approximately 11% of students either were not engaged for some time or their school districts lost or had no contact with them. For context, this amounts to approximately 609,000 Texas students who severely lacked the emotional, academic, and social stability traditionally afforded by schools and educators this spring. That’s a disturbing number, even under TEA’s rudimentary definitions of engagement, but input we’ve solicited from ATPE members suggests a much larger number of students became less engaged once schools were forced to shut down because of the coronavirus pandemic.

The recent ATPE Membership Survey conducted June 5-19, 2020, included a question on student engagement that we believe provides much more insight about how students were participating and learning during remote instruction this spring. When asked how engaged their students were during remote instruction, just over 65% of ATPE members surveyed said their students were “slightly less engaged” or “much less engaged” on average as compared to their level of engagement during previous in-person instruction. This information was provided by 3,250 survey respondents.

ATPE 2020 Membership Survey results on student engagement during the pandemic-related school shutdown

The misnomer of “engagement” as loosely defined by TEA is even more problematic when applied to the agency’s disaggregated PEIMS data, which are presented in such a way that suggests students of color, low-income students, and students in younger grades were not as “fully engaged” in school this spring as other students. Whether or not these subpopulations of students were engaged is more accurately framed, we believe, by the barriers students may have faced both in accessing school materials and having the necessary instructional support at home. (Having a stable home setting and parents or caregivers who are present make a difference.) Through TEA’s “Strong Start” resources, districts are being encouraged to collect some survey data from families and educators related to barriers as they plan for the upcoming school year.

Where do we go from here? Evidence is mounting that the “COVID slide” will be steep and likely even steeper for students of color, low-income students, and younger students who may not be developmentally ready for remote instruction. With an upcoming school year that will include an even greater emphasis on remote instruction and no plans as of yet from TEA to halt state testing and accountability mandates, it is more important than ever to gather information on the barriers students face and make concrete plans to address them. TEA has said the state intends to use federal emergency dollars to improve connectivity and access to digital devices for students, but these will be of little use if a child has inadequate instructional support at home or no place to call home at all.

Including teacher voices to gather their experiences with students during remote learning and their take on how to improve access to education during a crisis is crucial. ATPE has urged the state and school districts to solicit feedback from educators, including classroom teachers, as they develop plans for the next school year.

An ATPE member told a story of sitting with their student (virtually) to talk through their parents’ loss of income, their fears about the pandemic, and adjusted assignment expectations since the student was now working at a job, too. This is not necessarily “completing an assignment,” but it is engagement and it is at the core of the work that educators do. If you can’t engage a student and have a meaningful relationship, their basic needs will not be met (remember Maslow’s Hierarchy of Needs?), and they will never get to a place of learning .

Read this reporting by the Texas Tribune to learn more about the “COVID slide” and the engagement data recently released by TEA.

July 01, 2020

After representatives affiliated with a national teachers’ union held a conference call with Texas reporters last week, at least one news story sparked confusion and a flurry of inquiries by reporting that it would be possible for teachers to retire “temporarily” during the coronavirus pandemic and later return to their previous jobs.

“Many teachers are capable of temporarily retiring,” the media report stated, erroneously adding that Texas teachers could “sit out a year or two, still get paid, and come out of retirement after COVID is under control.” The staff of the Teacher Retirement System of Texas (TRS) asked ATPE and other stakeholders to help them clear up the confusion. The simple fact is that “temporary retirement” is not an option for educators under Texas law!

TRS had this to say in a statement responding to the June 24 news story:

“There are no provisions in the law that allow a teacher to ‘temporarily retire.’ A news article published on June 24 by a north Texas media outlet stating as much is mistaken. While the law allows a retired teacher to return to employment without restriction after a 12-month break in service, the teacher’s retirement annuity amount would be fixed as of the retirement date. Any employment after retirement does not increase the annuity amount.”

Exactly what is the law, and what considerations should educators be aware of as they are making retirement decisions in the wake of COVID-19? The first step is considering whether or not an educator is eligible to retire.

Educators who began teaching prior to 2007 and have not had a break in employment since then may be eligible to retire and receive a regular pension if they are at least 65 years of age with five or more years of employment, or they meet the “Rule of 80.”  The Rule of 80 is met when an educator’s age plus their years of service credit equal 80 or more. (For example: 50 years of age plus 30 years of service credit equals 80.)  Those educators who have not worked continuously since 2007 must meet the rule of 80 and be at least 60 years of age to retire, or they may retire at 62 years of age if the educator had not earned five years of service credit prior to 2014 or has not worked continuously since 2014.

Educators who are not eligible for full retirement may still be eligible for early retirement, but they are subject to early retirement penalties. To be eligible for early retirement, an educator must either be  55 years old with five years of service credit or have at least 30 years of service credit without having met the Rule of 80. The penalty for early retirement can be as much as a 53% reduction of your standard annuity if you are between ages 55 and 64 and have between five and 19 years of service credit, but do not meet the Rule of 80.

Additional factors to consider include the fact that the amount of your pension is greatly impacted by your pre-retirement years of service, TRS’s lack of an automatic cost-of-living adjustment (COLA), and the impact of the retire-rehire surcharge.

The amount of an educator’s annual annuity is determined by taking the average of their highest three to five years of salary and multiplying that figure by a percentage, which for those receiving a regular retirement, is determined by multiplying their years of service by 2.3. For example, a teacher with 20 years of service credit would have 46% applied to their salary figure; if their highest average salary amount is $60,000, the educator would be eligible to receive an annuity of approximately $27,600 per year. A teacher whose highest average salary was also $60,000 but had 30 years of service credit would be eligible to receive approximately $41,400 annually.

Once you retire, you cannot earn additional service credit and your annuity cannot be recalculated, even if you go back to work after sitting out a year.

In addition to lost credit for service worked after retirement, the unpredictability of a COLA is another factor that can make early retirement less attractive. A fixed annuity with no regular COLA built in, and the possibility of only infrequent one-time COLAs, tends to lose its purchasing power over time due to inflation. Locking in the amount of your annuity much earlier than you might have otherwise planned to retire may magnify this effective decrease in your annuity’s value over time, on top of the other reductions discussed above.

Finally, although you can retire and then return to work after sitting out for 12 months, those retired educators who do return to work on more than a half-time basis will be subject to retire-rehire surcharges. The amount of the pension surcharge is equal to the amount of both member and state contributions on the compensation paid, which is currently 15.2%.  A health benefit surcharge is also due for TRS-Care, which is currently $535. While the educator’s employer can choose to cover these surcharges, they often pass them on to the retiree.

As you can see, an educator’s decision to retire early, with the intention of making it a “temporary” retirement in which the educator would sit out a year or two before returning to the classroom, comes with many significant financial consequences. ATPE urges educators to carefully consider these factors before they take an action that could permanently and negatively impact their future standard of living and their ability to truly and fully retire at a later date.

Note: There are a number of variables that affect an educator’s annuity, including start date, breaks in service, total years of service, retirement age, and other individual benefit decisions. Figures cited in this blog post are used for illustrative purposes only. Texas educators should contact TRS directly for assistance calculating the individual pension benefits they are eligible to receive.

June 30, 2020

The Texas State Board of Education (SBOE) is holding its June meeting this week. On Monday, the board heard over 12 hours of testimony from more than 250 people on the review of the Texas Essential Knowledge and Skills (TEKS) for physical education and health TEKS. The board’s discussion of these TEKS was pushed to Tuesday’s meeting.

On Tuesday, the board began with an appearance by Texas Education Commissioner Mike Morath, whose comments were primarily related to education issues stemming from the current coronavirus pandemic. Because Texas lacks end-of-year student learning data, Morath pointed to an outside study on the blended learning tool “Zearn,” which showed disparate outcomes in learning between students with different wealth measures. Morath did note that data will likely be released today on Texas public school student engagement, which was gathered by teachers in the spring. Morath stressed that we cannot allow the public health crisis to become an educational crisis and discussed transitioning from crisis-mode instructional support to instruction, in order to minimize learning loss.

As we previously reported here on Teach the Vote, Morath explained that the Texas Education Agency (TEA) has used its waiver authority to set up two new school finance mechanisms, which will allow districts to receive funding for either a synchronous or asynchronous remote instructional model next school year. In a later answer to a question by board member Marisa Perez-Diaz (D-Converse), Morath explained that attendance (tied to schools’ ability to receive funding) in the asynchronous method of remote learning will be specifically determined through a district’s definition of progress and engagement, which must abide by an already established framework defined by TEA. Morath stressed that it is essential to get as many children back in school as possible and as quickly as possible, but the commissioner said he understands that it may not be safe for some children to return to school.

Morath stated that the risk of COVID-19 infection, transmission, and complications in children is much lower than for adults and expressed confidence that districts can implement enough strategies and protocols so that parents feel safe sending their kids to school. This appeared to leave some board members wondering, “What about the teachers?”

Board member Ruben Cortez (D-Brownsville) later asked the commissioner to address how the agency is prepared to protect educators and deal with infected school employees who have to miss school or quarantine. Morath pointed to the agency’s provision of personal protective equipment (PPE) such as face shields, plus guidance the agency has provided to districts suggesting screening protocols and considerations for higher levels of distancing. Similarly, member Aicha Davis (D-Dallas) later asked Morath if there was going to be any state support for teachers who are pregnant or have asthma, to which Morath responded that it will be left up to school districts to address this issue, and TEA has provided them guidance regarding staff who fall into a high-risk category. Morath suggested that there would not be any additional state financial support for districts in dealing with this issue of accommodating staff around such COVID-19 concerns.

During his presentation, the commissioner commented on the financial situation facing Texas public schools. He stated that while negative downturns in the economy will impact tax revenue, Texas has not announced cuts to public education funding and does not plan to cut funding in the coming years. Morath explained that the Elementary and Secondary School Emergency Relief (ESSER) fund created as part of the federal CARES Act will be used to execute the “hold harmless” provision for Average Daily Attendance (ADA) that the agency recently announced. This means that cuts to funding in the coming year will not be necessary, according to the commissioner. In addition to the ESSER funds, half a billion dollars will be allocated through the Coronavirus Relief Fund (CRF), also part of the CARES Act, which will fund 75% of schools’ coronavirus-related expenses incurred during the 2019-20 school year. Morath said the state also plans to provide PPE to every school district, fund access to broadband and digital devices through Operation Connectivity, and offer the free, optional Texas Home Learning platform and resources for districts that do not already have a learning management system (LMS) in place. The commissioner added that 24% of Texas students needed paper learning resources this spring, which is likely why connectivity and access to devices are a large focus of how the state plans to spend its emergency funds provided by Congress.

When board member Davis asked the commissioner how racial equity would be addressed in his agency’s efforts, Morath referenced the increases in funding that resulted from the legislature’s passage of House Bill 3, Operation Connectivity, and the Texas Home Learning network. Similar to his previous positions, the commissioner suggested that each district is responsible for closing the gaps and that TEA can only provide robust resources within the limits of the agency’s own funding. Member Barbara Cargill (R-Conroe) asked Morath how the Texas Home Learning network was being vetted and what was being done to ensure that it will not become the next CSCOPE. Morath responded that the new home learning resources were meant to be extremely transparent and available to the public, but the commissioner added that he would like those resources eventually to be vetted by the SBOE .

Before taking questions, Morath also commented on the reading academy requirements included in House Bill 3, stating that all requirements are still on schedule. Reading academies will be offered mostly in a blended learning form. Providers may begin offering cohorts in July. More information on reading academies can be found here.

Board member Tom Maynard (R-Florence) asked about TEA’s future plans for administering the STAAR test. Morath answered with a long-winded explanation of why assessments are important for measuring learning for diagnostic purposes and emphasizing the correlation between STAAR test scores and future outcomes for students. To provide districts some flexibility, the commissioner stated that the agency has extended the testing window for the coming school year and that there will likely be future adjustments to the A-F accountability system to compensate for not being able to calculate growth. In response to a question by board member Georgina Pérez (D-El Paso), Morath said he isn’t sure if Texas will be requesting another testing waiver from the federal government in the upcoming academic year.

Lastly, Pérez asked the commissioner to comment on charter school expansion requests and if TEA could improve its process for notifying SBOE members of charter school expansion amendment requests. (ATPE was among a coalition of education groups that asked the commissioner to impose a moratorium on granting charter school expansion requests during the COVID-19 pandemic in order to save the state money.) Morath replied that expansion requests are being processed as normal. With regard to notice requirement, Morath did not have an answer.

The SBOE will continue to meet through Thursday of this week. Find the full agenda here.

For all information and guidance that TEA has provided to districts during the pandemic, visit the TEA COVID-19 Support page. Be sure also to check out ATPE’s Coronavirus FAQ and Resources for frequently updated information for educators about issues related to COVID-19.

June 29, 2020

Today is the first day of early voting for the Texas primary runoff elections. Last week, I checked to see if my normal early voting polling location here in Central Texas was still open, since I knew some locations had been forced to close due to the pandemic. It was indeed still open with hours of 8 am to 5 pm, so I made a plan to vote on the first day of early voting, trying to avoid crowds and lines as much as possible.

Preparing to vote this morning was different from my experience in previous elections. I gathered a face mask, hand sanitizer, a stylus, a pencil with eraser, my driver’s license, and my voter registration card. I wanted to have a couple different stylus options for the touch-screen voting machines, just in case. I didn’t end up needing the registration card or the pencil, but they were good to have.

There weren’t any more cars than normal when I arrived at my polling place, and there wasn’t a line or anyone appearing to use curbside voting. This felt typical, especially since I tend to go in the early hours of the first day of early voting. There were new signs posted outside the polling location showing suggestions such as wearing a mask, keeping distance between you and others, bringing a stylus, and using curbside voting if you had COVID-19 symptoms.

The inside of my polling location looked mostly the same, although I think there were fewer voting machines since they were more spaced out. There were also Plexiglas protectors at the check-in area and all poll workers were wearing masks. I provided my driver’s license to the poll worker under a small opening in the glass partition. When I said the wrong street address, I realized I was a little nervous and the poll worker reassured me that everything was very clean and that they had been trained extensively on how to protect themselves and voters.

I highly recommend that you early vote. I was the only voter in the room the entire time and was in-and-out in under five minutes. Early voting for the primary runoffs and the SD 14 special election if you live in the Austin area runs from June 29 to July 10. Election day is July 14. Remember, everyone can participate in the runoffs, even if you didn’t vote in March.

  • If you didn’t vote in the primaries in March, you can vote in either party’s primary for the runoff.
  • If you voted in the Democratic primary in March, you must vote in the Democratic primary runoff.
  • If you voted in the Republican primary in March, you must vote in the Republican primary runoff.
  • If you live in Texas Senate District (SD) 14, you have a special election to vote in as well!

Create your personalized ballot here.

Find your polling locations and hours here.

Learn more about candidates’ views on education issues here on Teach the Vote.

June 26, 2020

The education community saw a whirlwind of news this week as multiple pieces of guidance were released from the Texas Education Agency regarding the return to school in the fall, including a draft public health document that was posted online and promptly taken down. In this week’s wrap-up, the ATPE Governmental Relations team will fill you in on the latest happenings.


CORONAVIRUS UPDATE: It was gone in the blink of an eye. On Tuesday of this week, the Texas Education Agency (TEA) posted a draft public health guidance document, seemingly by mistake. By the time it was taken down, the guidance had been widely circulated in the education community, and many were not happy with the lack of attention it paid to the worsening coronavirus numbers in Texas. Featured in a story by ABC affiliate KLTV-7 in East Texas, ATPE Senior Lobbyist Monty Exter said, “…while we would like for the state to give teachers and districts guidance in an expedient fashion, we’re glad that the draft put up yesterday is not the final product.”

As reported by the Texas Tribune, the guidance largely focused on suggesting health and safety practices to districts rather than mandating them, reflecting Commissioner of Education Mike Morath’s statement last week that it “will be safe” to return to in-person classes in the fall. Morath has since appeared to walk back that sentiment as the state’s coronavirus numbers have worsened, and the agency has said it is still soliciting feedback and developing the final guidelines. Unfortunately, this week’s developments provide little solace to educators feeling anxiety about returning to school since Gov. Greg Abbott’s announcement last week that in-person classes will resume this fall.

ATPE continues to meet with legislators, other stakeholder groups, and policymakers at the local, state, and federal level to share our members’ feedback about the return to school. We released a statement on TEA’s draft health guidance document this week, in which we strongly urge the state to require stronger actions to ensure the safety of school employees and Texas students. ATPE also asks school districts to listen to their employees and the recommendations of medical experts regarding the impact of the pandemic in their area as they implement their back-to-school safety protocols. In the statement, ATPE Executive Director Shannon Holmes says, “Elected school boards and superintendents now face a difficult balancing act between preventing COVID-19 outbreaks and ensuring children are in the most productive learning environment possible—a physical classroom with an in-person teacher. They deserve to have support and actionable guidance from the state of Texas.” Read more about ATPE’s response in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.

Gov. Abbott gives a COVID-19 update on June 22, 2020

At the gubernatorial level, Gov. Abbott took several actions this week in response to a growing positivity rate for the coronavirus. As ATPE Lobbyist Mark Wiggins reported here on Teach the Vote, Abbott strongly encouraged (but did not mandate) wearing masks in his press conference on Monday. By Thursday, the governor had decided to halt the state’s reopening plans, calling for cancellation of elective surgeries and by Friday, closing bars and reducing restaurant capacity to 50%.

Be sure to check the ATPE Coronavirus FAQ and Resources page, which offers answers to common educator questions related to returning to school in the fall, health and safety concerns, laws governing sick leave, and more. ATPE is continuing to update this page on a daily basis as new developments occur.


ELECTION UPDATE: Are you ready to vote? Get your hand sanitizer, stylus (a pencil with an eraser works), and mask ready! Early voting for the primary runoffs and the Texas Senate District 14 special election begins this coming Monday, June 29, and continues through July 10. Texas Secretary of State Ruth Hughes reiterated this week that voters should aim to vote early to avoid election day crowds, utilize curbside voting if possible, and follow  minimum safety guidelines released by her office in May. Read more in this blog post by ATPE Lobbyist Mark Wiggins.

ATPE reminds voters that a decrease in election poll workers has reduced the availability of polling sites in some areas. Click here to find early voting sites near you, and check your county’s election website for wait times during voting hours. The League of Women Voters vote411.org site has a personalized sample ballot generator and more! Lastly, check out candidate profiles here on Teach the Vote. Thank you for your commitment to voting, and stay safe!


This week TEA (intentionally) posted guidance on remote learning and attendance/enrollment for the 2020-21 school year, which gave districts a better idea of how they may operate this fall and how they will be funded. The agency gave districts two main options for remote learning that are differentiated by whether or not a student receives real-time, teacher-lead instruction. Additionally, the models have different ways of documenting student engagement for purposes of taking attendance. The agency plans to hold districts harmless for attendance for the first two six weeks, but this may not be enough to provide stability to districts in such an uncertain situation. Read more on the remote learning guidance in this blog post by ATPE Lobbyist Andrea Chevalier.

TEA also updated several other coronavirus resources this week, including personal protective equipment (PPE) updates, updates to general support (family mental health flyers and new child care emergency rules), “Strong Start” planning and survey tools, several updates to waivers, finance, and grants (new answers to equitable services FAQ, remote learning, attendance, missed school days, and more), and school nutrition (new letter to families on the P-EBT application).


Betsy DeVos

U.S. Secretary of Education Betsy DeVos announced that the Department of Education will release a final interim rule on how public school districts must spend their federal emergency dollars under the CARES Act for equitable services provided to private schools. The rule, which is unofficially published for now, gives districts more flexibility than what was originally indicated by the department; but the new rule still misses the mark in its obvious intent to expand private school access to public school resources, using the department’s strained interpretation of the CARES act. Read more about what the new rule entails in this blog post by ATPE Lobbyist Andrea Chevalier.


Texas 2020 Census response rates by county as of June 25, 2020

The decennial U.S. Census is crucial to ensuring adequate funding and programming for roads, infrastructure, our public schools, and so much more. The current national response rate for the 2020 Census shows that 61.7% of households have responded to their census. At 56.3%, Texas doesn’t have the lowest response rate in the country, but we still have a long way to go.

The update/leave process is now underway, so you might see census workers in your neighborhood visiting households that have not responded yet. Find upcoming events, training, tool kits, and other resources at Texas Counts. Here are two things you can do to help Texas shine on the 2020 Census:

  1. Text or call your family (even those great aunts) and friends and ask them if they have filled out the census. Walk them through the process if not. We have until October 31 to self-respond!
  2. Pop a census reminder in student materials and family communications or staple to school lunch bags on a regular basis and make sure parents count even their youngest babies on the census.
June 25, 2020

The U.S. Department of Education (ED) issued a final interim rule today to address disdain over its previous guidance directing public school districts to share an unprecedented amount of their federal emergency relief funds with private schools. As we previously reported here on Teach the Vote, after Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March, U.S. Secretary of Education Betsy DeVos interpreted language in the Act to require public school districts to use a proportional share of their federal emergency funds to provide equitable services to all students in private nonprofit (PNP) schools within their district bounds.

The new rule provides flexibility to school districts by giving them options – either spend the CARES Act funds only on Title I schools in the district and be held to normal proportional share and operating standards of equitable services under Title I; or spend CARES Act funds on all students in the district and be held to the department’s controversial interpretation of equitable services that requires districts to set aside more money for private school services. Under this clarification by ED, if a school district only has Title I schools, equitable services would be business as usual. The Texas Education Agency (TEA) recently conducted webinars on how districts should implement the CARES Act, including information on equitable services, and TEA will likely share more information in the coming weeks related to this new rule.

The Trump administration’s broader interpretation as announced by DeVos in April differed from the conventional interpretation of equitable services under Title I of federal education law (which is what the CARES Act references), which only requires equitable services to be provided to eligible students (such as low-income students) who reside in the district’s bounds. DeVos’s interpretation, which turns the intent of equitable services into something inequitable, was met with consternation from education stakeholders and push-back from top members of Congress in both parties.

The new interim rule will become effective immediately once it is officially published and will be much more forceful than simple guidance, so states will have no choice but to follow it. There will be a public comment period of 30 days once the rule is published, and lawsuits and injunctions against the rule are likely. ATPE has been lobbying members of the Texas congressional delegation to guard against unintended uses of the federal stimulus funds, and we will also share our input on the interim final rule with federal officials. Stay tuned for updates here on Teach the Vote.