Legislative Update

Happy Holidays!

The ATPE State Office staff would like to wish you and yours a safe and happy holiday season. Enjoy your break. We’ll see you in 2009!

12-16-08 Your input needed on uniform GPA standards

House Bill (HB) 3851, passed during the 80th legislative session, called for developing a uniform method for calculating grade point averages (GPA) for Texas high school students. Since the bill was passed, the Texas Higher Education Coordinating Board (THECB) has been working to accomplish this task

Higher Education Commissioner Raymund Paredes released a draft proposal of the uniform standards last fall. The draft proposal had many shortcomings and was met with stiff opposition from the education community. In response, Paredes reconsidered his proposal and released a revised version. The new proposal has been posted on the Texas Register to allow the general public to review the document and submit feedback. ATPE encourages all educators to review the proposal and submit your comments. The board will consider the feedback and vote on the revised proposal at its Jan 29 meeting.

To review a side-by-side comparison of the first draft and its revisions, along with some background information on the issue, go to www.thecb.state.tx.us/reports/PDF/1674.PDF. Comments on the new proposal may be submitted by mail to Natalie Coffey, Senior Program Director, Texas Higher Education Coordinating Board, P.O. Box 12788 , Austin, Texas 78711, or by e-mail to Natalie.coffey@thecb.state.tx.us. Comments must be submitted by Dec. 28.

For more information, contact ATPE Governmental Relations. 

12-5-08 Blue Ribbon honors

Commissioner of Education Robert Scott has announced the nomination of 26 Texas schools for recognition as Blue Ribbon Schools under the No Child Left Behind Act (NCLB). According to the Dec. 3 announcement, the award honors schools that are making significant progress in closing the achievement gap and helping students excel academically. The NCLB Blue Ribbon Schools Program honors public and private elementary, middle and high schools. Schools are selected based on one of two criteria:

·          At least 40 percent of students from disadvantaged backgrounds must dramatically improved performance on state tests; or

·          Students, regardless of background, must have achieved in the top 10 percent of their state on state tests.

Nominated schools will complete a rigorous application process. Award winners will be announced in September 2009. Schools that receive the prestigious award are recognized at the NCLB-Blue Ribbon School conference in Washington, D.C.

The nominated schools are: 

Beaumont Independent School District (ISD): Fletcher Elementary School

Bosqueville ISD: Bosqueville Elementary School

Brownsville ISD: Southmost Elementary School

Brownwood ISD: Brownwood High School

Chapel Hill ISD: Chapel Hill Elementary School (Mount Pleasant)

Dallas ISD: George Bannerman Dealey International Academy, George Peabody Elementary School, School of Health Professions, Victor H. Hexter Elementary School 

Devine ISD: Devine High School

Galena Park ISD: Tice Elementary School 

Garland: Brandenburg Middle School

Houston ISD: DeBakey High School for Health Professions, Garden Villas Elementary School, Kennedy Elementary School, Lantrip Elementary School

Iola ISD: Iola Elementary School

Mumford ISD: Mumford Elementary School

Natalia: Natalia Junior High School

North East ISD: Garner Middle School

Patton Springs ISD: Patton Springs School

Pharr-San Juan-Alamo ISD: Bowie Elementary School

Sands CISD: Sands CISD

St.Mary’s Academy Charter School: St. Mary’s Academy

Wellington ISD: Wellington Elementary School

Yes Preparatory: North Central Campus

12-1-08 SBOE meeting

The State Board of Education met Nov. 18-21 in Austin. The board undertook a full agenda that included items such as proposed curriculum changes, credit for athletics, and distribution rates for the Permanent School Fund (PSF). The following is a day-by-day summary of the meeting.

Nov. 18
The Board heard presentations from potential investment consultants relating to the management of PSF assets invested in International equities and U.S. private equities. These sessions were scheduled for live broadcast, but the broadcast was subsequently canceled without explanation. According to board member Pat Hardy, the presentations did not result in any controversial or contentious discussions amongst the various board members.

Nov. 19
The first item the board took up was setting the distribution rate of the PSF into the Available School Fund (ASF) with consideration of the recent losses (over one third of the total value of the fund) in the PSF. Board members were faced with deciding whether to protect the current funding stream going into the ASF and then to current public school students, or to protect the long term health of the PSF as an endowment in perpetuity. After consideration, the board set the rate at 2.5 percent, down from the recent average of 3.5 percent. Barring further dramatic losses in the value of the PSF, the 2.5 percent rate will provide the necessary money to purchase the textbooks for the next biennium.

The board also heard from Courtland Partners, the management firm hired to consult on PSF assets invested in real estate and to analytically evaluate funds and fund managers without doing any actual investing. Courtland laid out their vision for the structure of the PSF’s real estate class. They claim that a good real estate manager should be able to generate money regardless of the overall market trends. They cautioned that short term track records in the real estate market can be very deceptive since unprecedented levels of investment artificially inflated market values.  Unlike stocks, which can theoretically exist in infinite quantities, the amount of assets available for purchase in the real estate market are finite.

Next, the committee of the full board unanimously recommended to approve the proposed changes to the math TEKS. The update focuses on vertical alignment and integrating the college readiness standards developed after the last revision of the math TEKS. The document recommended for approval was unchanged from the one presented to the board in September.

The board, lead by Robert Craig, also voted 10-5 for a proposal born from public petition for the Texas Education Agency (TEA) to move forward with the TEKS writing process for courses in athletics that could be used as electives under either of the state’s graduation plans. Opposition to the proposal seemed primarily concerned that recognizing a petition from the public would lead to a flood of similar petitions on any number of topics, even though the board is required by statute to hear such petitions. They were also concerned that allowing such credit will erode the academic rigor that the board and the Legislature have worked to put in place. The proposed change does not diminish the number of hours dedicated to core subjects, nor does alter the no-pass, no-play rules. The new policy would allow students to count participation in a sport toward one of their required elective credits, the same privilege granted to students that participate in activities such as yearbook and band. Texas’ relatively short class day, coupled with the number of hours dedicated to core classes leaves very little time for most students to participate in all of the non-core classes they might otherwise like to pursue. Students are often forced to choose between athletics, fine arts, speech/debate or other academic extracurricular classes. In the end, the vote was overturned and the issue will be postponed until January, when the board can address it as part of a larger discussion of flexibility within the 4 x 4 dominated graduation plan.

The day concluded with extensive public testimony on the ongoing revision of the Science TEKS. While the overwhelming majority of the testimony was directed toward the ongoing debate over the way evolution is presented to high school biology classes, a few testifiers did address other topics, the first of which was the lack of inclusion of an upper level IPC (integrated physics and chemistry course). Several other testifiers criticized the TEKS for being excessively broad with little depth. The board took no official action on the proposed revisions. A public hearing on the Science TEKS will be held January 21. 

Nov. 20
The committee of the full board met prior to the afternoon committee meetings. The most notable exchange occurred when Commissioner of Higher Education Raymond Paredes requested that the board reallocate the state’s Perkins Grant money. Those funds have traditionally been split 60/40 between high schools and community colleges. Recently, the SBOE moved to a 70/30 split, shifting approximately 9 million dollars to High School CTE programs. Paredes and the Higher Education Coordinating Board would like to shift back to the 60/40 mark. This item did not call for a vote, but it was apparent that the Commissioner’s request would have failed if a vote had occurred.

Nov. 21
The committee of the full board met for final votes on all agenda items that had been moved forward throughout the week. Besides the items above, the board unanimously approved the State Board for Educator Certification’s (SBEC) proposed revisions to rules that raise standards for educator preparation programs. The rules require applicants to achieve a 2.5 grade point average (GPA) in order to be admitted to a program. The revision allows an exception to the GPA requirement if a candidate can demonstrate equivalent academic proficiency via career experience. The board also approved several open enrollment charters. Several board members expressed a desire to raise the cap on charter schools so that all qualified applicants could receive a charter.

For more information, contact ATPE Governmental Relations.

11-21-08 TRS news

It has been a busy few weeks for the Teacher Retirement System (TRS). The TRS Board of Trustees met Nov. 14 to discuss the status of the fund and the hiring of a new fiduciary counsel. TRS staff and actuaries held a briefing for stakeholder groups Nov. 18 on the fund’s most recent actuarial valuation. The Senate State Affairs Committee met Nov. 20 to discuss the effects of implementing a defined-contribution plan for TRS, as well as to hear from the state pension fund managers regarding the status of each fund.

TRS board meeting:
Two weeks ago, the candidate for TRS’s new fiduciary counsel, Roel Campos, withdrew his name for consideration after the attorney general refused to sign off on his contract because of Campos’ hourly rate of pay and concerns over potential conflicts of interest. The attorney general is required to review and authorize any contract for legal counsel specifies an hourly rate of more than $500. Campos’ contract called for a rate of $750, which is a reduced rate from his initial request of $900 an hour. The board considered rehiring the previous counsel but voted 3-6 against it. The board then voted 7-2 to hire Morgan Lewis, the firm that was next in line after Campos’ firm. 

Actuarial valuation briefing:
TRS staff and actuaries presented a lengthy brief on the TRS fund’s actuarial valuation for stakeholders, TRS members and legislative staff Nov. 18. The numbers in the valuation do not reflect the current status of the fund and are only used to obtain a historical perspective on the fund. The good news that came out of the review is that TRS-Care is sound and should be able to operate without premium increases for about another five years. 

For several reasons we still do not know exactly how the current status of the fund will affect active educators’ contribution rates in the upcoming session. First, the governor’s office directed TRS to reduce its contribution rate to 6.4 percent in its legislative appropriations request. Contrary to the governor’s directive, the actuaries advised that the contribution rates not be changed until it is clearer where the market is going. They stated that significant increases or any decrease would be an overreaction at this point.  We will have a much better idea of where the fund stands in late February when the next valuation is completed. Until that time, ATPE will stay in contact with TRS staff and monitor any changes in market trends.  

Senate State Affairs Hearing:
ATPE testified before the Senate State Affairs Committee Nov. 20 to oppose the idea of phasing in a defined-contribution plan to replace the current defined-benefit plan. ATPE explained that obtaining better benefits for current and future retirees is our top priority and that the cornerstones of our TRS philosophy are ensuring the fund’s actuarial soundness and preserving the current benefit structure. Committee Chairman Robert Duncan (R-Lubbock) agreed that it would not be advisable to move to a defined-contribution plan. This is excellent news and leads ATPE to believe that such a plan will not be pursued during the upcoming legislative session.

Stay tuned for updates.

11-14-08 Commissioner of Education proposed rules concerning early childhood development programs

The Texas Education Agency (TEA) conducted a hearing Nov. 13 regarding a rule change for the Prekindergarten Early Start Grant program. The program, which was created by legislation in 1999, distributes approximately $85 million per year under the current appropriation. The funds allow school districts to expand existing half-day kindergarten and prekindergarten programs to full-day programs and open new prekindergarten programs. Preference is given to districts in which third-grade TAKS performance is substantially below the average level of performance across the state.  The commissioner is given rulemaking authority. TEA has requested an additional appropriation of $65 million during the next budget cycle, and this proposed rule would apply during the next school year.

The proposed rule would significantly change the funding structure by redistributing current funds to additional school districts not currently receiving grants. According to testimony from several school districts and the school board and administrator associations, this redistribution would require severe cuts to existing programs unless there are significant additional appropriations during the next session. A better solution would be to allow districts receiving current funds to keep them and distribute any additional funds appropriated to an expanded list of districts. 

A larger concern is a structural change to the rule that would curtail local innovation and the ability to develop programs based on local needs. The change would mandate a specific certification program and curriculum developed by the State Center for Early Childhood Development (SCECD).  The SCECD school readiness certification is a voluntary component under the current rule. Were the SCECD to become a required component, many school districts (such as Spring Branch and Hidalgo ISDs) would have to abandon their own locally developed, nationally recognized programs in order to receive future funds. Grant recipients would also be required to establish a school readiness integration partnership to share resources with workforce development boards, head start providers, university early childhood programs and private child care centers. 

Prominent in today’s testimony was the documented success of current prekindergarten programs (whether funded by this grant program or local tax sources) in preparing eligible students for success on the third-grade TAKS test. The testimony made clear that full-day programs work, are well-received in the communities where they exist and are severely underfunded by the state. As in prior sessions, ATPE will continue to advocate during the next legislative session for expanded eligibility and full funding of full-day early childhood programs in all school districts through the state funding formulas as opposed to grant programs. 

11-12-08 Experts give feedback on science TEKS

As part of the ongoing effort to revise the Texas Essential Knowledge and Skills (TEKS) the State Board of Education (SBOE) has solicited feedback from experts in the science field on the proposed revisions to the science TEKS. The revisions were developed by a review committee made up of educators, parents, business and industry representatives and employers. They have been working on the revisions since January 2008. The experts’ feedback is now available on the Texas Education Agency’s (TEA) Web site at www.tea.state.tx.us/teks/scienceTEKS.html.  

ATPE encourages all science educators to review the experts’ feedback and the proposed TEKS revisions and submit feedback of your own to the SBOE. The proposed revisions and instructions for submitting your feedback are also available at the link above. Don’t miss this opportunity to help shape Texas’s science curriculum.

For more information, contact ATPE Governmental Relations.