The Legislature adjourned May 31, 2021, ending an unusual regular session, given the COVID-19 pandemic, February’s crippling winter storm, and partisan divides felt throughout the country. Legislators were back in Austin July 8 for a special session that quickly fell apart. 

The night before the regular session ended, numerous Democratic state representatives walked out at 11:30 p.m., leaving the House without a quorum and unable to pass a controversial election reform bill before its midnight deadline. Gov. Greg Abbott called the bill a “must-pass” item and ordered a special session to revive it. Abbott also announced he would veto part of the state budget, defunding the legislative branch of government as of September 1, in retaliation for the walkout.  

The governor released his “call,” or agenda, for the July special session one day before its start. Headlining the call: a second stab at the election bill and restoring funding for legislative employees. But Abbott also placed a few high-profile education issues on the agenda.  

Democratic House members quickly broke quorum again over voting rights, making national headlines. As of this writing, they were in Washington, D.C., vowing to decamp for the duration of the 30-day special session, and Abbott was planning a second special session in August. As we navigate the twists and turns of the Legislature’s 2021 journey, here’s a look at the major education bills debated this spring and summer.  

SCHOOL FINANCE  

Following the school finance reforms of the previous legislative session, the Legislature in 2021 passed House Bill (HB) 1525 by Rep. Dan Huberty (R-Kingwood) as a cleanup measure to HB 3 (2019). HB 1525 establishes a commission on special education funding; authorizes “resource campuses”; directs broadband, COVID-19, and other relief funding for schools; and modifies several other laws affecting finance and recapture. Policy changes amended onto the bill late in the session include allowing non-certified teachers to qualify for the Teacher Incentive Allotment (TIA) and extending the deadline for certain educators to attend reading academies.  

ACCOUNTABILITY & TESTING  

Senate Bill (SB) 1365 by Sen. Paul Bettencourt (R-Houston) was filed in response to a failed attempt by the Texas Education Agency (TEA) to take over management of Houston ISD. The bill’s House sponsor, Huberty, and a group of pro-public education legislators worked with ATPE and other educator groups to improve the initially controversial bill, omitting provisions that would have increased the commissioner’s authority to sanction a district. As passed, SB 1365 clarifies the impact of a D rating in the accountability system, addresses due process for school districts, and adds another year’s pause in accountability ratings.  

Additionally, HB 4545 by Rep. Harold Dutton (D-Houston) passed, authorizing accelerated learning committees that will plan interventions for students who fail certain STAAR tests. The bill eliminates grade promotion restrictions based on test performance. HB 4545 initially sparked controversy by proposing outcomes-based funding for school districts based on student test performance—provisions that were later removed.  

The Individual Graduation Committees (IGC) law finally became permanent after the Legislature passed HB 1603 by Huberty. HB 999 by Rep. Diego Bernal (D-San Antonio) also passed to accommodate high school seniors affected by the pandemic. ATPE supported both bills, which helped qualified students graduate in 2021 regardless of their STAAR test performance.  

CIVICS  

The most controversial education bill passed this year was HB 3979 by Rep. Steve Toth (R-Conroe). Branded as a bill to ban the teaching of “critical race theory,” HB 3979 actually contains no reference to the once relatively obscure doctrine more likely to be discussed in graduate-level university courses. ATPE opposed HB 3979 because it circumvents the process used by the State Board of Education (SBOE) to adopt social studies curriculum standards—one that is guided by Texas educators. The bill prohibits requiring teachers to discuss current events or “widely debated and currently controversial” issues, as well as school disciplinary measures that could “have a chilling effect” on students’ ability to discuss those same topics. Many believe the bill, ironically, will make it harder to teach students about civics.  

Abbott signed HB 3979 into law but also made it a focal point of the special session, asking lawmakers to revive the Senate’s version of the bill, which removed references such as the history of white supremacy, women’s suffrage, and African American leaders from topics the House sought to have added to the TEKS. The Senate readopted its preferred version of the bill, SB 3 by Sen. Bryan Hughes (R-Mineola), in the special session.  

SPECIAL EDUCATION  

SB 1716 by Sen. Larry Taylor (R-Friendswood) was originally filed to make permanent an interim voucher program that Abbott created, giving parents access to supplemental special education services for their children funded with federal COVID-19 relief funds. ATPE opposed the bill until lawmakers removed the voucher aspects. SB 1716 as passed calls for regional education service centers to administer a supplemental services grant with input from admission, review, and dismissal (ARD) committees.  

UIL  

The Legislature passed HB 547 by Rep. James Frank (R-Wichita Falls), letting home-schooled students participate in UIL activities without enrolling as public school students. ATPE opposed the bill, which guts the “No Pass, No Play” rule and creates an unfunded mandate by requiring school districts to fund the home-schoolers’ UIL activities despite receiving no attendance-based funding for them. Many in the home-schooling community also opposed the bill, calling it a government overreach.  

In the regular session, lawmakers did not pass SB 29 by Sen. Charles Perry (R-Lubbock), which would restrict transgender students’ participation in UIL athletic competitions. However, Abbott asked lawmakers to pass legislation “identical” to SB 29 during the July special session.  

CHARTER SCHOOLS  

Charter school advocates picked up a win with ATPE-opposed HB 3610 by Rep. Barbara Gervin-Hawkins (D-San Antonio), exempting taxes on property leased or purchased by a charter holder. Other ATPE-opposed bills aiming to exempt charters from local government regulations and lessen the role of the SBOE in approving charter expansions did not pass.  

 VIRTUAL SCHOOLS  

Legislators did not pass HB 1468 by Rep. Keith Bell (R-Forney), aimed at extending virtual education options. ATPE opposed the bill because it did not include enough protections for teachers and students. Lawmakers did pass the ATPE-supported HB 3643 by Rep. Ken King (R-Canadian), establishing a commission to study virtual education and make recommendations for the Legislature to consider in 2023.  

CERTIFICATION & TRAINING  

SB 1590 by Bettencourt passed, allowing observations of educator certification candidates to take place in virtual settings. The bill as filed would have allowed all observations to take place virtually, but ATPE worked with Sen. Kel Seliger (R-Amarillo) and Rep. Gary VanDeaver (R-New Boston) to amend SB 1590 to permit a reasonable mix of in-person and virtual observations.   

SB 1267 by Sen. Royce West (D-Dallas) also passed with ATPE’s support. The bill streamlines state laws and rules containing educator training requirements that were often redundant.  

The Legislature also approved a pair of ATPE-supported bills pertaining to bilingual education certificates. SB 560 by Sen. Eddie Lucio Jr. (D-Brownsville) calls for a strategic plan to improve bilingual education, including efforts to recruit more bilingual certified teachers. HB 2256 by Rep. Bobby Guerra (D-Mission) creates a bilingual special education certification.  

RETIREMENT  

Lawmakers passed the Teacher Retirement System “sunset” bill, HB 1585 by Rep. Stan Lambert (R-Abilene), which creates a new TRS “ombuds” position among other Sunset Advisory Commission recommendations to improve TRS operations. Also passed were these ATPE-supported bills on retire/rehire: HB 3207 by Rep. Abel Herrero (D-Corpus Christi), which waives retire/rehire penalties during a disaster; SB 202 by Sen. Charles Schwertner (R-Georgetown), ensuring districts cannot force retire/rehire employees to pay the district’s contribution owed to TRS; and SB 288 by Seliger, requiring notice to retire/rehire employees before withholding their annuity payments.  

For the July special session, Abbott asked lawmakers to consider legislation that would give retired educators a one-time “13th check,” similar to multiple ATPE-supported bills that were filed but did not pass during the regular session.  

SCHOOL SAFETY & MENTAL HEALTH  

Numerous bills regarding school safety and mental health passed, including anti-bullying and child trafficking measures, requirements to provide suicide prevention information to students, and changes to laws regarding school personnel who carry firearms.  

Lawmakers also passed SB 1109 by West calling for schools to instruct students about the prevention of child abuse, family violence, and dating violence. Abbott vetoed SB 1109 because it did not include opt-out language. He directed legislators to bring the bill back during the special session with a provision for parents to opt their children out of the instruction.  

BUDGET  

Finally, the Legislature’s budget bill, SB 1 by Sen. Jane Nelson (R-Flower Mound), fully funds the finance system put in place by last session’s HB 3, including funding for enrollment growth for the next two years. Plus, districts and charters will receive $11.2 billion in federal coronavirus relief funding under the American Relief Plan Act (ARPA). Distribution of another $5.5 billion in federal relief funding through last year’s Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) was held up this spring as Commissioner of Education Mike Morath said there were “unanswered questions” about those funds the Legislature needed to resolve. Morath announced in June that districts could apply for a portion of those “ESSER II” funds but that the state would also use that money to supplant the “hold harmless” attendance-based funding adjustments promised to schools during the 2020-21 school year. 

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