Legislative Update

6-26-08 ATPE files suit to protect educator privacy

ATPE filed a lawsuit June 23 against the Austin Independent School District and the Office of the Texas Attorney General to prevent the release of educators’ personal information to local media outlets. Since news of the lawsuit broke, ATPE has heard from many educators applauding the association for taking a stand on educators’ rights:

•One blogger wrote: “I’m a member of one of the other teacher organizations here in Texas (we don’t have unions per se, and are a right-to-work state), but I am thankful that the ATPE has filed this suit to keep the results of teacher background checks from becoming subject to release under the state’s public records laws.”

•One member reported cutting out an article about the lawsuit from The Dallas Morning News and saving it to share at her district’s new-teacher orientation and with campus representatives. (Read the Associated Press article on the lawsuit at www.chron.com/disp/story.mpl/ap/tx/5852522.html.)

•Another member wrote: “I [was] aware that we educators will be fingerprinted sometime in the near future, but I did not consider that the background check could be public knowledge. I wholly support the [background check] process to protect all of us, but as your [op-ed at atpe.org] states, all of us deserve privacy. Thank you for your diligence!”

ATPE decided to file the lawsuit after Austin ISD was unsuccessful in its attempt to convince the attorney general’s office to reverse a decision requiring the release of information from Austin ISD employees’ recently completed criminal background checks. Austin ISD is the first district to complete the new criminal background check process mandated by Senate Bill (SB) 9, which was passed by the Legislature in 2007.

In filing the lawsuit, ATPE hopes to protect the privacy of all Texas educators. Although ATPE believes strongly in the use of background checks to identify school personnel whose past convictions indicate that their presence endangers the safety of students and faculty, we do not believe that releasing this personal data serves any public good. If released, the information would make no distinction between serious and minor offenses or distinguish between recent or long-past events. Nor would it discriminate between unfounded arrests and arrests that led to prosecution.

School districts across Texas will complete the SB 9-mandated background checks over the course of the next three years. Because the process raises many questions for educators—from questions of procedure to questions of privacy—ATPE has created a Fingerprinting Resource Center for Texas educators at www.atpe.org/Resources/educators/fingerprintingResources.asp. The resource center contains information about fingerprinting procedures, the history of SB 9 and privacy concerns, and ATPE will also post updates on the lawsuit there. Please share this link with your colleagues.

6-25-08 ATPE testifies against granting state funds to private schools to recover dropouts

The Texas Education Agency (TEA) held a hearing today on a controversial commissioner’s rule that would allow the agency to award grants to schools, including private schools, that identify dropouts and help them receive high school diplomas or achieve college readiness. ATPE has long opposed any program or initiative that directs public funds to private schools and testified at the hearing to outline our concerns about the plan. ATPE is concerned because: 

•The plan would send public funds to private schools that are not accountable to the state or taxpayers.

•The plan does not contain safeguards to prevent parents from using this program to remove their children from public schools and send them to private schools.

•The plan does not require private schools to offer services that are research-based.

•The state would have no mechanism for sanctioning private schools under the Dropout Recovery Pilot Program..

View ATPE’s testimony in its entirety at www.atpe.org/advocacy/lan/dropoutRecoveryRuleTestimony.pdf.  

TEA plans to implement the program by the end of August. ATPE will continue to monitor this issue closely and will report on any significant developments.

Stay tuned for updates.

6-20-08 ATPE travels to Washington, D.C., to discuss NCLB, Social Security

ATPE’s state officers joined ATPE lobbyists this week in Washington, D.C., to meet with members of the Texas congressional delegation and other high-ranking government officials on key ATPE issues. The main focus of the meetings was the reauthorization of the No Child Left Behind Act (NCLB). ATPE also shared concerns with representatives of the U.S. Department of Education. ATPE recommended, granting states more flexibility in meeting NCLB requirements and increasing funding for mandates included in the bill. Reauthorization of the bill is on hold until after the November elections, which could result in a major political shift in the nation’s Capitol. This could significantly impact the makeup and outcome of the bill. This week’s meetings will help build on ATPE’s relationships with policymakers to ensure that our voice is heard as the reauthorization process moves forward.

ATPE also used this opportunity to reinforce our message regarding the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP), two offsets in Social Security law that can reduce the amount of Social Security benefits Texas educators are eligible to receive. ATPE has long advocated for a full repeal of these two offsets for Texas educators. Any action regarding legislation that addresses these issues will also likely be put off until after the elections. For more information on the GPO and WEP, go to http://www.atpe.org/Advocacy/Issues/socSec.asp.  

Stay tuned for updates. 

6-4-08 Study says high percentage of classes taught by highly qualified teachers

The U.S. Department of Education (USDE) has published a statistical summary of information about Highly Qualified Teachers (HQTs). According to the study, 94 percent of core academic classes in the nation's schools were taught by HQTs during the 2006-07 school year. A higher percentage of classes were taught by HQTs in elementary school (96 percent) than in secondary school (93 percent). Overall, the percentage of classes led by HQTs has increased seven percentage points since the 2003-04 school year.

While these figures are promising, the study also reiterates one of ATPE’s major concerns regarding schools that serve large populations of economically disadvantaged students. According to the study, classes in wealthier schools were more likely to be taught by HQTs than were classes in less wealthy schools at both the primary and secondary levels.

You can view the USDE study at www.ed.gov/programs/teacherqual/resources.html.

5-30-08 Students fare well on 2008 TAKS

The Texas Education Agency recently announced that Texas students performed well on the Texas Assessment of Knowledge and Skills (TAKS) standardized tests. This is the first year eighth-grade students were required to pass both the reading and math TAKS in order to be promoted. 95 percent of eighth-grade students passed the reading test and 75 percent passed the math test.

Other notable results include:

•90 percent of eighth-grade students passed the social studies TAKS.
•93 percent of third-grade students passed the reading TAKS and 83 percent passed the math test.
•91 percent of fourth-graders passed the writing TAKS.
•91 percent of sixth-grade students passed the reading TAKS with 45 percent earning Commended Performance.
•The Class of 2009 is the first class that must pass four exit-level tests, which are first given in 11th grade, along with their classes, to be eligible to earn a state diploma. Ninety percent of the students passed the English/language arts exam, while 95 percent met the standard on the social studies examination. Eighty percent of the students passed the science test and 79 percent passed the mathematics test.

Education Commissioner Robert Scott said of the results, “we have set high expectations for this group of students and each year they meet or exceed them.”

ATPE would like to extend sincere gratitude to all Texas Educators for a job well done in helping prepare Texas students for demanding futures. Congratulations.

5-28-08 Federal funding for national certification

Are you interested in national certification through the National Board for Professional Teaching Standards? If so you may be eligible to receive a subsidy from the federal government to help offset the costs. Subsidies are available to first-time candidates to cover 50 percent of the certification fee as long as subsidy funds are available. The subsidies are available through the Texas Education Agency and have been provided by Congress through a grant from the U. S. Department of Education. Applications for the subsidies must be completed and submitted to the State Board for Educator Certification by December 31, 2008.

To learn more about this program and how you can apply, go to www.sbec.state.tx.us/SBECOnline/certinfo/nbptscand.asp?width=1280&height=1024.

5-28-08 ATPE submits testimony on incentive pay

The House Committee on Public Education met today to continue working on its interim charges, including charge five, which is to monitor the implementation of legislation passed by the 79th and 80th Legislatures. ATPE submitted testimony relating to the implementation of District Awards for Teacher Excellence (DATE) incentive pay program. The goal of the DATE program is to change the way pay raises are awarded to teachers. ATPE’s testimony reiterated our position against using student test scores on standardized tests as a primary measure of teacher effectiveness and encouraged more flexibility for districts to develop their own plans. The testimony also encouraged the Legislature to remove changes made to the program during the rule making process that require districts to match funding for the program. You can view ATPE’s testimony at www.atpe.org/Advocacy/LegislativeResources/testimony052808HB1.asp.  

For more information, contact ATPE Governmental Relations. 

5-27-08 TEA dropout grants could open back door to vouchers

The Texas Education Agency (TEA) has posted an application on its Web site for new dropout recovery grants called for in House Bill 2237 passed during the last legislative session. The grants are designed to allow school districts and other education agencies, such as universities, education service centers and charter schools, to help dropouts receive a diploma or other measure of college readiness. The program, however, may be another attempt to direct public funds to private schools and education service providers, essentially creating a voucher program through TEA.

ATPE strongly opposes any use of high school initiatives funding for voucher programs. Such a use was clearly not intended by the Legislature, which made its position regarding vouchers clear during the legislative session when it voted 129-8 against the use of public funds for vouchers. Of major concern is the vague language in the new program’s regulations that could allow parents to remove their children from public schools, have them classified as dropouts then receive funding to pay for private school tuition. The program is expected to be discussed at tomorrow’s Public Education Committee hearing. ATPE will continue to monitor this program and will report on any significant developments.

Stay tuned for updates. 

5-23-08 SBOE adopts revised ELAR TEKS

The State Board of Education (SBOE) met today to conclude work on revising the English Language Arts and Reading TEKS. At issue were two competing versions of revised standards.

One version was drafted by a group of experts hired by a subcommittee of the board working with a facilitator hired by the board last year. Those standards were preliminarily approved by the board in March and posted on the Texas Register Web site for public comment. The approval was conditional under a compromise agreement that the document would be revised before the May meeting with input from teacher work groups. This version has been widely criticized by educators and education groups for falling well short of expectations. The second version was developed in May with the input of educator workgroups and is a vast improvement over the Texas Register version.

By a vote of 9-6, the board rejected both of the existing versions and instead adopted a substitute document pieced together yesterday using portions of the two previous versions along with various amendments.  In its most controversial aspect, the substitute called for the education commissioner to create a recommended authors list that would be attached to the TEKS rule as an appendix. Also in the appendix would be the reading comprehension language drafted by the teachers in May, but it would not be considered part of the actual rule. The board adopted an amendment that replaces the authors list with reading resource Web sites to be chosen by the education commissioner.  Another approved amendment, supported by Texas Education Agency (TEA) staff, clarifies that assessments can be based on some of the reading comprehension material from the appendix even though it’s not really part of the rules. TEA staff will work to clean up the document before it’s posted on the Texas Register Web site as an adopted rule.

StandardsWorks, the company hired by the board to facilitate the revision process, warned the board against cutting and pasting together different standards. In the end, that is exactly what the board did. Now, text book publishers and TEA assessment staff will be rushed to produce textbooks and test items based on the new patchwork standards.

Members who voted for the new document were Rick Agosto, David Bradley, Barbara Cargill, Cynthia Dunbar, Terri Leo, Gail Lowe, Don McLeroy, Ken Mercer and Tincy Miller. The following members opposed the new document and supported the teachers’ version instead: Lawrence Allen, Mary Helen Berlanga, Bob Craig, Patricia Hardy, Mavis Knight and Rene Nunez.

Stay tuned for updates.

5-22-08 ATPE urges SBOE to accept educator input on ELAR TEKS revisions

The State Board of Education (SBOE) met May 21 to continue the ongoing effort to revise the English Language Arts and Reading (ELAR) TEKS. The board has to choose between two existing versions if it hopes to meet deadlines for adopting new text books and instructional materials contained in Proclamation 2010. The first version was approved by the board in February and posted on the Texas Register Web site for public comment. This version has been widely criticized by educators and education groups for falling well short of expectations. The second version was developed with the input of educator workgroups and is a vast improvement over the Texas Register version. The board may also opt to make further changes and develop yet another version of the standards, which would create further delays. 

ATPE testified before the board and urged them to accept the input of educators and adopt the second version of the standards in order to provide teachers and students the guidelines they need to succeed and to meet the Proclamation 2010 deadlines. You can view ATPE’s testimony at www.atpe.org/Advocacy/LegislativeResources/elarTestimony052208.asp.  

The board is expected to make a final decision Friday, May 23. Stay tuned for updates.

5-20-08 Sen. Education Committee considers CATE programs

The Senate Education Committee met May 19 to study an interim charge related to availability and quality of career and technical education (CATE) programs and their relation to economic and workforce needs in Texas. Committee members heard from five panels of experts that included business representatives and educators from the career and technical education field. 

Business representatives asked that high school courses and planning be employer-driven to insure that content meets current and future economic needs. Generally, they asked for courses that teach the specific content and skills students need to either enter the workforce directly from high school or choose a path of higher education. Many businesses work in partnership with local school districts and community colleges to develop courses around skills that are desired in local economies.

A representative from ACT discussed the company’s research regarding the need to prepare all high school students, whether they are entering the workforce or higher education, to the same rigorous academic standards because the workforce and higher education require the same basic content and skills in today’s economy. Many career and tech students will enter higher education and will need the same academic base throughout their lives. One witness discussed tech prep students’ high rate of transition to four-year university programs.

Commissioner of Higher Education Raymund Paredes called for a balanced approach between career training and preparation for baccalaureate and advanced degrees. He made the point that we not only have shortages of technical workers, but also shortages of teachers, nurses, engineers and physicians, we must prepare all students with the content and skills for higher education and the workforce. Programs should provide rigorous course content that is transferable from college to the technical setting because we are currently preparing students for jobs that do not yet exist in the quickly changing global economy. Job skills training programs are rapidly moving to the community college level as the need for higher level skills increases in the workforce. In fact, reading levels required for technical jobs are often higher than reading levels optimal for success in higher education. Paredes also mentioned that on-the-job training should count toward college credit in some instances and that professional development to ensure effective instruction needs to be expanded. He also recommended collecting data statewide to examine whether poor and minority students are tracked into specific programs at higher-than-average rates.

Almost all witnesses called for increased resources to support CATE as well as expanded partnerships between business and K-16 education systems. Several also mentioned programs in other countries and across the U.S. that require career planning and skills development for all students and suggested that integrating CATE into the four-by-four curriculum courses in high school is the best first step toward that goal in Texas. HB 3485 from the last legislative session requires a review and rewrite of the entire CATE curriculum. The writing teams hope to present their product to the State Board of Education in March of 2009.

ATPE supported HB 3485 in 2007 and will continue to advocate for increased choices and a well-rounded curriculum for all students as well as increased resources for CATE programs and equivalent academic rigor across the K-12 curriculum for college and career preparation. 

5-16-08 Accountability committee meets in Houston

The Select Committee on Public School Accountability met May 12 in Aldine ISD to continue hearing invited and public testimony on Texas’ public school assessment and accountability system. The primary focus of this hearing was to examine the wide variety of differences between large and small school districts as they meet accountability requirements, but the committee also heard from school and agency officials regarding the alternative accountability system that currently applies to 399 campuses and charter schools with student populations that are at least 75 percent at-risk.

There are 13 criteria for identifying at-risk students. Students identified as at-risk include those who are retained at a grade level, homebound and homeless students, and students who repeatedly fail the TAKS test. However, the definition does not include economically disadvantaged students. Economically disadvantaged status is part of the at-risk definition for many funding and program initiatives, but not for application of the alternative accountability system.

The alternative system works on a pass/fail basis and has only two indicators: acceptable and unacceptable. However, unlike the current system for all other campuses, it includes a measure of comparable improvement (student growth in achievement). The testimony from the invited panelists covered the unique challenges of this population and the very different definitions of success for these schools and their families. As one panelist stated, “Sometimes just being able to attend school two days in a row is a major accomplishment, so TAKS testing and AYP really take on a different meaning.”

The committee will meet June 16 in the Dallas area, July 14 in Brownsville and August 4 in West Texas (site TBD).  ATPE will continue to monitor the committee and report on its progress. ATPE encourages you to attend a committee meeting near you and give your input on how the current system affects you and your students each day.

5-16-08 TEA seeking trainers

The Texas Education Agency is seeking experienced classroom teachers to serve as curriculum and instruction coach trainers who will assist teachers in early college high schools (ECHS).

The primary focus of coaching will be to increase the level of academic rigor in ECHS classrooms by assisting classroom teachers with teaching strategies and best practices that enhance student learning. 

Eligible applicants are individuals certified as Texas educators who have at least three years of classroom teaching experience and meet the required qualifications.

Approved service providers will be required to demonstrate significant past effectiveness in improving instruction in middle, junior high and high schools serving significant numbers of students identified as at-risk.

Providers approved as curriculum and instruction coach trainers will be eligible to provide services to participating school districts and campuses for a period of up to two years, after which they may reapply to continue their eligibility. Continued eligibility is contingent upon satisfactory delivery of services, adherence to program guidelines and requirements and progress on performance measures as determined by the commissioner.

To apply, respond to TEA's Request for Qualifications (RFQ) at the following link: http://esbd.cpa.state.tx.us/docs/701/76302_1.pdf. Proposals must be submitted no later than June 12, 2008, at 2 p.m.

5-9-08 Bragging Rights

Texas School Business, a magazine that focuses on Texas educators and vendors that serve the public schools, publishes Bragging Rights each year to honor school districts and their innovative programs. The magazine is accepting nominations for programs to be featured in this year’s Bragging Rights, which will be published in December. If your school has a successful program you would like to nominate, send an e-mail to brag@texasschoolbusiness.com that briefly describes the program, its development and noteworthy results. All types of programs are welcome, including athletics, curriculum development, staff development and special education. All nominations must be submitted by June 1.

For more information, contact Texas School Business editor Katie Ford at Katie@texasschoolbusiness.com or (512) 469-9746.

5-9-08 SBEC meeting  

The State Board for Educator Certification (SBEC) met May 9 in Austin. Among the items on the agenda was a review of revisions to rules for educator preparation programs. State law requires the board to review such rules every four years. ATPE submitted testimony to the board on this item outlining our concerns about educator certification as outlined in the ATPE Legislative Program. The testimony also called for greater oversight to help maintain the highest standards for educator certification in Texas.

The Board took no action on the proposed rule changes relating to educator preparation, but instructed staff to make changes to the proposed language for consideration at SBEC's next meeting in July. You can view the testimony at http://www.atpe.org/Advocacy/LegislativeResources/sbecReviseTAC.asp.  

Proposed revisions to the board’s operating policies and procedures were also on the agenda. ATPE submitted testimony on this item outlining our concerns about proposed revisions to the rules for public testimony. The revision would allow the board chair discretion over which speakers would be heard and limit all public testimony to 30 minutes per meeting. This could limit opportunities for stakeholders to voice their concerns on contentious issues. ATPE recommended that the board not make any changes to the current operating policy and that it embrace public testimony in accordance with SBEC’s own core principle, which states, “We believe stakeholder input is valuable and student success is primary.” In response, the board voted instead to allow 30 minutes of testimony on each agenda item. You can view the testimony on this item at http://www.atpe.org/Advocacy/LegislativeResources/sbecLimitPublicTestimony.asp.  

For more information, contact ATPE Governmental Relations.

4-21-08 ATPE testifies before education committee

The House Committee on Public Education met in Austin today to hear public and invited testimony on its fourth interim charge, which is to research and evaluate state-supported policies and programs designed to attract, train and support effective teachers and instructional leaders, including programs designed to recruit and retain teachers in hard-to-staff schools. ATPE was part of a panel of experts invited to appear at the hearing.

ATPE’s testimony was geared toward shedding light on the reasons recruiting and retaining teachers in our public schools is such a challenge. According to an ATPE-commissioned teacher retention study, the primary reasons educators leave the profession are working conditions and compensation. ATPE stressed that while many school districts offer attractive starting salaries, most do not provide worthwhile salary advancement opportunities, which discourages beginning educators from remaining in the profession and creates a disincentive for qualified candidates to enter the field. ATPE also pointed out that it will be a bigger challenge to address working conditions because the term encompasses so many different aspects of the job. According to our study, the aspects that cause educators the most concern are student behavior, lack of administrator support, burdensome paperwork and state mandates.

The committee will continue meeting during the interim to gather information in order to make recommendations to the Legislature on how to address these issues. ATPE will continue to monitor the committee’s work and will report on any significant developments.

Stay tuned for updates.

4-18-08 ELAR TEKS revisions open for public comment

ATPE recently reported on controversy surrounding ongoing work by the State Board of Education (SBOE) to revise the English Language Arts and Reading (ELAR) TEKS. The controversy started when certain board members attempted to replace revised standards developed with the input of educator workgroups with alternative standards rejected by the state more than 10 years ago.

To resolve the dispute, SBOE formed a subcommittee to choose experts to conduct a review of the proposed revisions, take input from all interested parties and submit a final proposal for the full board’s vote.

The subcommittee released a new draft of the revised standards March 19 and heard invited and public testimony on the draft at the March 26 SBOE meeting. The new version contains components of both the original TEA revisions and the proposed alternative revisions, but it also contains new components not in either of the previous proposals. The revised standards have been posted in the Texas Register and are now open for public comment for 30 days. ATPE encourages all educators to review the standards and submit your input.

To view the revised standards and submit your comments, go to www.tea.state.tx.us/rules/home/sboeprop.html. Don’t miss this opportunity to help shape policy that may directly impact your profession.

4-15-08 Joint Select Committee on Public School Accountability Hearing

The Joint Select Committee on Public School Accountability met April 14 in San Antonio to hear invited and public testimony.  Five panels of experts representing the business community, school districts, higher education, school boards and community organizations testified before the committee. Among the experts were Charles Miller, former chairman of the U.S. Secretary of Education's Commission on the Future of Higher Education, and former Lt. Gov. Bill Ratliff. Ratliff also leads Raise Your Hand Texas, an advocacy group that was instrumental in passing the legislation that created the committee.

The “school district” panel included representatives from the Dallas, Fort Worth, Houston, Kerrville, and Plano school districts. Their testimony focused on how their districts incorporate student achievement growth into their accountability systems using a form of value-added regression analysis to evaluate individual students, teachers, classes and campus progress. Generally, the systems rank the performance and progress of each area using TAKS scores, norm-referenced tests, end-of-course exams and other measures based on local needs. The goal is to identify students in need of individual attention, predict performance in specific areas and determine a course of study based on each student’s experience.

The panel’s testimony also shined a light on issues districts will face when implementing pay-for-performance programs for administrators and teachers. According to the panel, growth model analyses can help determine the "teacher quality effect" on student learning by taking into account aspects such as demographics, wealth levels and other student variables. The key is to have reliable data systems and develop the goals of the plan based on local needs.  However, evaluating individual teachers using “growth models” is complicated and can be divisive and should be only a portion of the overall evaluation.  Most of the districts also include test scores in absolute terms (number of students passing by campus) in their pay-for-performance programs. Such a competitive system can have an adverse effect on campus teamwork and overall working conditions, especially in smaller schools. Several witnesses stressed the importance of using multiple measures to determine student progress, including criterion or norm-referenced measures and computer adaptive testing.   

The committee also heard from witnesses who called for incorporating college and workforce readiness standards into public education and making curriculum, assessments and accountability systems more rigorous in order to help Texas meet the demands of the global economy. Commissioner of Education Robert Scott responded by pointing out that Texas has done a good job of phasing in more difficult standards by meeting the system at its current level and increasing rigor and difficulty over time. According to Scott, that is what should be done with any future changes resulting from the committee’s work. 

Upcoming committee meetings:

May 12, Houston
June 16, Dallas
July 14, Brownsville
Aug 11, West Texas (Location TBD)

ATPE will continue to monitor the committee's activities as it travels around the state. Stay tuned for updates. 

4-3-08 Pensions and Investments Committee meeting

The House Pensions and Investments Committee met April 3 to discuss its first interim charge. That charge is to evaluate the possibility of requiring the state and employee contribution rate to meet the annually required contribution (ARC) for the statewide retirement funds each biennium in order to prevent unfunded liabilities.

ATPE testified before the committee that requiring pension systems to meet the ARC is not a complete strategy for preventing funding shortfalls. We recommended that the state contribute above the ARC so that the fund would have a buffer against market losses and, more importantly, so that benefit increases could be granted to retirees. ATPE also reiterated our opposition to increasing active member contributions and recommended that the committee establish a ceiling for such contributions in order to provide more security and stability for educators.

ATPE will continue to monitor the work of the committee. Stay tuned for updates.

3-31-08 Opportunity for principals

Raise Your Hand Texas (RYHT), the pro-public education group chaired by former Lt. Governor Bill Ratliff, is offering public and charter school principals the chance to attend one of four leadership workshops being offered by the Harvard Graduate School of Education. RYHT will select 100 principals to attend the event. All expenses would be paid. For more information on this opportunity, visit www.raiseyourhandtexas.org/harvard.