Special Session begins on July 18

Leave a reply

State law allows the governor to reconvene the Legislature for special or extended sessions that can last up to 30 days.  There is no limit to the number of special sessions the Legislature can have, and only the governor can dictate what topics must be addressed.

On June 5, the governor called for a special session to start Tuesday, July 18, 2017 with the priority of passing the sunset safety-net bill, which will keep five state agencies open, including the Texas Medical Review Board.  The Texas Medical Review Board issues licenses to doctors.  Abbott said once the Senate passes the sunset bill, the Legislature can tackle a long list of other issues he’s laid out, including a commission on school finance, vouchers for special needs students, and bathroom legislation.

The Legislature will have up to 30 days to finish its work.  Gov. Abbott said if he is going to call the legislators back at taxpayers’ expense, he wants to “make it count.”  He said that if the Legislature cannot get everything done, it will not be because they “lacked time,” but because they “lacked the will” to get it done.

Several topics on the Governor’s special session agenda impact public education:

  • Giving teachers a $1,000 pay raise without spending any additional money
  • Changing laws to retain good teachers and fire ineffective ones
  • Creating a Commission on Texas School Finance Reform
  • Vouchers for special needs kids
  • Bathroom or privacy legislation, like HB 2899
  • Prohibiting automatic payroll deductions for union dues
  • SB 2 “or better” property tax relief legislation that includes a rollback provision (Note: this bill caps cities and counties tax rates)

Other topics to be covered during the special session can be found here.  HISD’s Government Relations team will return to Austin to fight for the district during the special session.

 

How HISD fared this legislative session

Leave a reply

HISD’s 2017 state legislative agenda included finance, educational equity and local control and governance. Read below for a summary of how HISD fared after the 2017 session in Austin, where HISD’s government relations staff was stationed to support the district’s priorities.

Finance

Until the end of session, HISD’s board, superintendent, finance and government relations staff fought hard for a solution that would lower the district’s recapture obligation for the next two school years.  Unfortunately, by the end of session, the school finance bill died and the state’s budget continued the state’s practice of shifting more of its constitutional obligation to fund public education to local taxpayers.  The state’s declining contribution to public education is a result of its over-reliance on local property taxes, or recapture, to fund schools.

Per state law, HISD is property-wealthy and must pay recapture to the state.  An election was held May 6 asking voters how they wanted HISD to pay its recapture obligation – write a check to the state comprised of local property taxes or pay by losing a portion of the district’s commercial tax base to another school district.  The May election was the second time this question was put before the voters. The ballot measure known as Proposition 1 prevailed with over 60% of the voters wanting HISD to write a check to pay its recapture obligation.  HISD’s payment for this year is $83 million, and the payment will grow in future years as property values rise.

HISD’s recapture situation proves the school finance system is broken. With state revenues down, the 2017 legislative session was not the time for school finance reform. The House and Senate were at odds on almost every issue this session, and school finance was no exception. Speaker Joe Straus made school finance reform and reducing recapture a high priority. On April 20, the House passed HB 21, a school finance bill championed by House Public Education Chair Dan Huberty, which reduced HISD’s recapture obligation for the next two years and provided meaningful financial relief to school districts statewide. However, the bill came with a $1.9 billion price tag and deferred a payment to the Foundation School Program – two components the Senate disliked. For weeks, HISD’s board and superintendent continued to urge Senators to pass the House version of HB 21 because it helped the majority of students statewide and reduced recapture.

The Senate gave HB 21 a public hearing on May 11 and offered is own version, or committee substitute, which reduced the overall funding from $1.9 billion to about $530 million and added a voucher program for special needs students.  The Senate also removed the deferred payment. During the hearing, school advocates registered to testify immediately changed their position from “support” to “against.”  School choice, or vouchers, was one of Lt. Gov. Dan Patrick’s top priorities this session, and the Senate believed parents have a right to choose the educational environment best for their child: public or private. Many school advocates believed adding special education vouchers to HB 21 killed the bill.  An explanation of HB 21 as it passed the House and the Senate is below. The bill died because the House and Senate could not reach an agreement before the May 27 deadline.

HB 21 by Rep. Dan Huberty (R-Humble) spent $1.9 billion overall:

  • Reduced recapture payments for ISDs statewide
  • Increased the basic allotment per student from $5,140 to $5,350
  • Allowed recapture-paying districts like HISD to receive the transportation allotment
  • Established a $159 million financial hardship grant for districts losing targeted revenue assistance (ASATR)
  • Helped small, rural schools by phasing-in elimination of the small school district allotment
  • Increased the bilingual education weight from 0.10 to 0.11
  • Created a new funding weight for dyslexic students

CSHB 21 by Sen. Larry Taylor (R-Friendswood) spent $530 million overall:

  • Increased recapture payments for ISDs statewide
  • Did NOT increase the basic allotment – it remained flat (at $5,140 per student)
  • Established an Education Savings Account (ESA) or voucher program for special needs students
  • Helped small, rural schools by phasing-in elimination of the small school district allotment
  • Established a financial hardship grant of $150 million for districts losing targeted revenue assistance (ASATR), but limited districts being able to receive support
  • Included $20 million for an Autism Grant program
  • Allocated $100 million for facilities with half going to charter schools and the other half to the Existing Debt Allotment for school districts
  • Created a state-appointed Commission on Public School Finance that would make recommendations on how to improve the current system

The following finance-related bills were supported by the district but died during the legislative process:

  • HB 1037 (Capriglione) and SB 358 (Watson): Allow recapture-paying school districts like HISD to receive their transportation allotment from the state. The intent of these bills was incorporated in the House version of HB 21
  • HB 1059 (Murphy) and SB 1247 (Huffman): Trigger a reattachment process for detached properties, which is currently missing from the statute.  HISD and Houston’s business community supported HB 1059 in committee and the bill was left pending. SB 1247 did not receive a public hearing
  • HB 1324 (S. Thompson): Recognize half of the local homestead exemption in school finance formulas and remove a financial penalty for school districts. It lowers recapture, as well. The bill was a pre-filed amendment to HB 21, but was withdrawn
  • HB 1326 (S. Thompson): Count students enrolled in full-day pre-K in a school district’s recapture calculation only. Also, lowers recapture payments
  • HB 1838 (Meyer): Institute a recapture limit tied to inflation
  • HB 3375 (S. Thompson): Tie new local property value growth to the equalized wealth level, which is a good thing for schools. The bill passed as an amendment to HB 21, but HB 21 died.
  • HB 3795 (Dutton): Allow recapture-paying districts to count charter school students zoned to their district in recapture calculations, which will lower recapture payments also. HB 3795 had a public hearing and was left pending. HISD expressed appreciation to Rep. Dutton for starting the conversation around the impact of charter schools on school districts. 

Educational Equity

The district believes one of the best ways to improve equity among students is to educate students in a 21st-century learning environment equipped with the latest technology and Internet access at home and school. Digital resources are essential for students to feel prepared for post-secondary opportunities and life-long careers.

The final state budget invests $25 the million in the E-Rate program, which will improve Internet access for public schools statewide.  This $25 million investment triggers a federal match of $250 million to the state.  As a national trendsetter in digital learning, HISD worked with the state before and during the legislative session to make sure funds were appropriated for the biennium.

Local Control & Governance

Bills were filed this session to regulate school boards and school districts; however, most died.  Some of the bills the district fought – like the bathroom bill – will return during the special session, which starts on July 18, 2017 and will last up to 30 days.

HISD worked diligently this session to protect local control.  School districts need the flexibility to innovate and make decisions that are best for their students and families.  The local control topics debated this session include bathroom usage, sanctuary cities, school board governance, school bond elections, and taxation.

Bathroom bill

The bathroom bill discussion dominated a large portion of the session.  The Senate passed, SB 6 by Sen.Lois Kolkhorst (R-Brenham), which required people to use the restroom of their biological sex and would apply to all public facilities.  HISD opposed SB 6, and an HISD trustee delivered the testimony.  The House filed HB 2899 by Rep. Ron Simmons (R-Carrollton), a different approach to the bathroom conversation that prohibited local governments from enacting ordinances that protect certain groups of people from discrimination beyond those groups protected under state law.  HB 2899 nullified any existing local orders, ordinances, or other measures that establish such protections.  HISD opposed HB 2899, too, with a letter from an HISD trustee. In the final weeks of session, the Legislature limited the bathroom discussion to schools.  The House added schools-only language to a school safety bill, SB 2078.  The House amendment codified existing practice at the campus level and would allow schools to continue to accommodate students with unique needs.  The amendment would also allow the Texas attorney general to protect a school district if a lawsuit was filed.

Lt. Gov. Dan Patrick and Senate Education Committee Chair Larry Taylor stated publicly that the House amendment did not go far enough.  Patrick said he would ask the governor to call a special session, if the bathroom bill the Senate passed died during the regular session.  Patrick sees it as an issue of privacy and safety for women and girls.  The speaker responded that the House handled the bathroom issue responsibly and expressed his frustration that the Senate should have been more focused on school finance than bathrooms.  After a series of dueling press conferences between the House and Senate, the bathroom issue was punted to Gov. Abbott, who added the House’s version of the bathroom bill to the special session agenda.

Sanctuary cities

Banning sanctuary cities was a top priority for statewide leaders, and SB 4 was signed into law requiring local law enforcement to check the immigration status of individuals they detain or arrest. The bill exempts schools, but still has major implications for students and families.  HISD’s board, superintendent, and schools will continue to reassure families that our schools are safe places for students, and no student will face deportation while at school.

School board governance

Regarding school board governance, Sen. Lois Kolkhorst (R-Brenham) authored SB 1566.  According to the author, the bill’s legislative intent is to empower school boards to focus on student outcomes and provide them with effective tools and training.  The bill allows the board to compel the superintendent’s direct reports to testify in public hearings and appear in closed session.  The bill requires district staff to respond to board requests for information no later than the 20th business day upon receipt (30 days if the request is burdensome).  Once SB 1566 passed both chambers, it was a “Christmas tree,” or a bill that has multiple, random bills attached to it.  One of those amendments requires the school nurse to notify parents when a child in the classroom has lice, and another allows school staff who are licensed handgun owners to transport and store firearms in their personal vehicle on school property.

Representative Sarah Davis (R-Houston) filed two governance bills that died.  HB 1150 required school districts to post certain information online every month (academic policies, current finances, board meeting minutes, and all district plans and objectives under consideration by the board).  HB 1152 required the school board to hold a local election when changing the names of schools.

Elections and transparency

About 50 bills related to transparency, ballot language, and elections were filed, all died.  Overall, these so called “transparency” bills were a threat to local control.  Some  required school districts to place prescriptive and detailed information on the ballot for school bond elections, and some required a school board to hold an election to authorize using unspent bond funds on other expenses.  The remaining bills required school districts to hold elections only in November.  Right now, school districts can hold elections in May or November, and tax ratification elections can be held within 90 days after the tax rate is adopted.  The two main bills districts were concerned about were SB 460 and SB 461 by Sen. Eddie Lucio (D-Brownsville).  These two bills passed the Senate, but did not make it out of the House.

Property tax reform

SB 2 by Sen. Paul Bettencourt was the vehicle for property tax reform this session.  The bill capped cities’ and counties’ ability to raise their tax rates.  School districts’ tax rates are already capped.  SB 2 was a priority bill for Lt. Gov. Patrick and the Senate majority, citing Texans’ need for property tax relief.  The Senate also wanted voters to decide what their tax rate should be – this is known as a rollback election.  The House replaced SB 2 with its version of the bill and removed the rollback election provision. Ultimately, SB 2 died at the end of session, and the governor added it to the special session agenda in July.

An analysis of the state’s public education budget

Leave a reply

Overview

SB 1, the state budget bill, allocates $217 billion in all funds for the next two years.  The approved budget was a compromise between both chambers and passed May 26, 2017.  The Senate passed the budget 30-1, and the House passed the budget 135-14.  All of the “no” votes were Democrats.  Five members of HISD’s delegation voted against the budget: Sen. Sylvia Garcia, Rep. Harold Dutton, Rep. Alma Allen, Rep. Armando Walle and Rep. Shawn Thierry.  The remaining thirteen members of HISD’s delegation voted for the budget.

SB 1 provides over $55 billion to K-12 public education during the 2018-19 biennium.  There are pluses and minuses for K-12.  However, the budget continues the trend of the state shifting its constitutional obligation to local taxpayers.  School districts will see a cut in state general revenue, which means the local share of funding public education will increase.  That is a concern for HISD and districts around the state.

On a positive note, HISD is pleased to see an increase in the Austin Yield and additional funding for E-Rate (or classroom connectivity) in this budget.  The Austin Yield increase will provide some indirect relief on HISD’s recapture payments, and digital learning was a priority for HISD this legislative session.

SB 1 Highlights – Public Education

  • SB1 does NOT increase the basic allotment, which means higher recapture payments.
  • SB 1 funds enrollment growth (80,000 students per year).
  • SB 1 continues to shift the state’s constitutional obligation to fund public education to local taxpayers.
  • SB 1 does NOT fund high-quality pre-K with state dollars – districts will have to use their own funds.
  • SB 1 funds programs like Teach for America, Communities In Schools and P-TECH grants for early college high schools focused on technology.
  • SB 1 funds digital learning statewide by investing in the E-Rate program.
  • SB 1 requires school districts to pay a larger share of the health care costs for retirees (TRS-Care).

What’s in the state budget (SB 1) for public education?

  • The basic allotment stays the same (@ $5,140 per student) for both years of the 2018-19 biennium. This is a concern.  The basic allotment is the one part of the formula that benefits all schools.  When the basic allotment remains flat, that causes more school districts to enter recapture and causes districts paying recapture to write larger checks to the state.  The death of HB 21 (the school finance bill) meant there would be less impetus to raise the basic allotment.
  • There is an increase in the Austin Yield, which will indirectly take some of the sting out of HISD’s recapture payments. That’s a good thing.
  • $2.65 billion for enrollment growth (an increase of 80,000 students per year in Texas).
  • $350 million will go toward the Teacher Retirement System (TRS) to continue health care benefits for retirees; however, school districts will have to increase their contribution rate from .55 to .75. This change will cause a $3 million cost increase for HISD.
  • After much back and forth on high-quality pre-K funding, the budget conferees agreed to shift the burden to school districts. Therefore, the state is encouraging school districts to use part of their pre-K money from the state to cover high-quality pre-K at the campus level. School districts are not getting any money from the state for high-quality pre-K during the 2018-19 biennium.
  • Digital learning received $25 million for the 2018-19 biennium, and the federal government will match that with $250 million to improve classroom connectivity statewide (E-Rate). The $25 million is funded with a one-time withdrawal from the state’s Rainy Day Fund in FY 2018.  Digital learning was a priority for HISD this session.
  • The New Instructional Facilities Allotment (NIFA) was funded at $47.5 million.  The NIFA funds are for “fast growth” districts and charter schools.  HISD is not a fast growth district.  Our student population is pretty steady.  However, with the passage of HB 1081, HISD should be able to qualify for these funds this biennium.
  • P-TECH was funded at $5 million for the next biennium.  HISD can apply for the grant.  This program is for early college high schools focused on technology.  This was a priority for the Texas Urban Council (TUC) and HISD is a member the TUC.
  • Educational Service Centers (ESCs) were cut by $1.25 million. The ESCs service school districts statewide.  The Region 4 ESC services Houston ISD and surrounding districts.
  • Communities in Schools maintains its current level of funding ($31 million). HISD works with Communities in Schools.
  • Teach for America will receive $11 million for the biennium. TFA is one of HISD’s partners.  HISD hires their teachers.

 

How does the budget impact local school property taxes?

In SB 1, state funds drop substantially and are replaced with local school property taxes:

  • The Legislature cuts state general revenue funds for school districts by more than $1.218 billion from the FY 2016-17 biennium to the FY 2018-19 biennium.
  • The last time the Legislature cut general revenue to school districts was in 2011 (when Texas had a large budget shortfall), which was slightly more than 2017, at $1.275 billion rather than $1.218 billion.
  • The drop to state funds equates to an average drop statewide of more than $250 per district student over the biennium. ($1.218 billion/4.8 million ISD ADA; no state funds are cut for charter schools) or roughly $5,500 per 22-student classroom. (Compared with $339 nine-year drop in state aid per student from 2008-17, the two-year $250 drop is drastic.)
  • Local school property taxes will be increased substantially. The Legislature provides in Rider 3: “Property values, and the estimates of local tax collections on which they are based, shall be increased by 04 percent for tax year 2017 and by 6.77 percent in tax year 2018.”  The percentages have been increased a lot from those in the appropriations bills passed earlier in session in March and April, and the total 13.8 increase for the biennium is substantially higher than in the past five biennia and could set up funding cuts in future years if the Legislature’s forecast higher property values do not materialize.
  • The Legislature is increasing reliance on recapture by $725.9 million for the biennium. It was $3.845 billion in the FY 2016-17 biennium and will rise to $4.57 billion in the FY 2018-19 biennium – comprising more than 10 percent of the appropriation to the Foundation School Program.  In FY 2018, recapture will be almost double the amount that comes from the state lottery. 

Houston ISD’s Projected Recapture Payments:

  • 2016-17: $83 million (current biennium)
  • 2017-18: $210 million
  • 2018-19: $285 million

Note: these are rough estimates

 

Education bills signed into law, vetoed, or left unresolved

Leave a reply

The legislative session that ended on May 29 saw dozens of bills related to education signed into law, while others were vetoed or left unresolved.  New legislation can go into effect immediately if it passed both chambers with two-thirds of the vote and received the governor’s approval. Otherwise, new legislation goes into effect on Sept. 1, 2017, if it received the governor’s approval or signature.

New Legislation

Here are the bills that passed both chambers and have been approved by the governor. Click on each bill to learn more about it:

  • SB 7 by Sen. Bettencourt intends to end inappropriate teacher-student relationships; imposes a criminal penalty
  • SB 22 by Sen. Larry Taylor creates a grant program for early college high schools focused on technology, P-TECH
  • SB 30 by Sen. West teaches high school students how to engage with police
  • SB 79 by Sen. Nelson relates to TPIA (or open records) requests
  • SB 160 by Sen. Rodriguez removes the special education cap
  • SB 179 by Sen. Menendez, David’s Law relates to penalties for bullying and cyber-bullying
  • SB 195 by Sen. Garcia allows districts to apply for additional state funds to create Safe Passage programs for students in violent neighborhoods
  • SB 436 by Sen. Rodriguez relates to the Special Education Continuing Advisory Council
  • SB 463 by Sen. Seliger extends the use of individual graduation committees (IGCs) for students who fail to pass no more than 2 STAAR EOCs (extended until 2019)
  • SB 490 by Sen. Lucio requires school districts to report counselor data in PEIMS
  • SB 587 by Sen. Campbell allows military families coming from outside of Texas to enroll in virtual schools
  • SB 671 by Sen. Campbell allows dual language elementary proficiency to count for a high school foreign language credit
  • SB 725 by Sen. Miles allows ISDs to donate food to students through non-profits and have a grace period for students whose lunch account balance expired
  • SB 748 by Sen. Zaffirini relates to special education/ARD changes
  • SB 801 by Sen. Seliger allows the State Board of Education (SBOE) to review materials for grade/subject level appropriateness
  • SB 802 by Sen. Seliger relates to best practices in dual credit course transfers
  • SB 825 by Sen. Larry Taylor makes the PSAT optional
  • SB 826 by Sen. Larry Taylor relates to course sequencing for English and Math courses
  • SB 1005 by Sen. Campbell ends TAKS Maintenance
  • SB 1091 by Sen. Seliger imposes some restrictions on dual credit
  • SB 1318 by Sen. Van Taylor on Math Innovation Zones
  • SB 1353 by Sen. Larry Taylor on facility funds for annexed school districts
  • SB 1398 by Sen. Lucio cleans up the “cameras in the classroom” legislation for special needs students
  • SB 1404 by Sen. Hughes requires schools to report to PEIMS the types of expanded learning opportunities/afterschool programs they have and the number of students participating
  • SB 1440 by Sen. Campbell creates a new exception for candidate forums under the Open Meetings Act
  • SB 1553 by Sen. Menendez relates to campus trespassing notices
  • SB 1566 by Sen. Kolkhorst changes many school board governance policies
  • SB 1784 by Sen. Larry Taylor updates the definition of open source instructional materials
  • SB 1839 by Sen. Hughes relates to educator preparation
  • SB 1843 by Sen. Campbell lets 10th-12th graders take the armed forces exam
  • SB 1873 by Sen. Hinojosa requires ISDs to report students’ physical education data to TEA
  • SB 1882 by Sen. Menendez relates to District-Charter Partnerships
  • SB 1963 by Sen. Creighton allows virtual observations for teacher prep programs (except for classroom teachers)
  • SB 2039 by Sen. Zaffirini on sex trafficking professional development for school staff
  • SB 2080 by Sen. Larry Taylor requires a PEIMS report for students in a residential treatment facilities
  • SB 2084 by Sen. Larry Taylor relates to the Average Daily Attendance (ADA) calculation for blended learning students
  • SB 2105 by Sen. Miles on public workforce data reports by region
  • SB 2141 by Sen. Larry Taylor on due process for special education students
  • HB 22 by Rep. Huberty changes the A-F accountability system that passed last session; delays implementation for one year; and differentiates between D and F ratings
  • HB 136 by Rep. Bell on adding CTE to the state’s mission for public schools
  • HB 264 by Rep. Hernandez on graduation requirements and outreach materials for students
  • HB 332 by Rep. Meyer on security plans for schools used as polling locations
  • HB 357 by Rep. Huberty provides free Pre-K for children of fallen police officers, firefighters and first responders
  • HB 441 by Rep. Martinez bans school on Memorial Day
  • HB 523 by Rep. Schofield requires school districts to post online the video/audio recordings of trustees
  • HB 639 by Rep. Doc Anderson on CTE insurance for participating students
  • HB 657 by Rep. Bernal on the ARD committee’s decision to promote a special needs student based on assessments
  • HB 674 by Rep. Eric Johnson bans suspensions below 3rd grade
  • HB 728 by Rep. Guerra on an Advanced Computer Science Program
  • HB 1076 by Rep. Oliverson on mandatory spinal screenings for students
  • HB 1081 by Rep. Arevalo raises the New Instructional Facilities Allotment (NIFA) per pupil and expands the definition to include districts like HISD
  • HB 1545 by Rep. Clardy relates to high school credits for Peace Officer Training
  • HB 1553 by Rep. Lozano develops a turnaround partnership where higher education can partner with an ISD to improve the district’s academic performance
  • HB 1556 by Rep. Mary Gonzalez allows a foster care/surrogate parent of a special needs student to make decisions for that child
  • HB 1569 by Rep. Ashby requires certain data for students in a residential facility
  • HB 1593 by Rep. Bohac relates to family engagement plans; adds programs and interventions to teach families how to encourage student-learning at home
  • HB 1638 by Rep. Guillen on dual credit goals
  • HB 1645 by Rep. Lozano on Special Olympics Letters for students
  • HB 1661 by Rep. Phelan deals with candidates withdrawing from an election
  • HB 1886 by Rep. Miller relates to dyslexia testing
  • HB 1934 by Rep. Minjarez relates to teaching licenses for military spouses
  • HB 2039 by Rep. Huberty creates an Early Childhood Teacher Certificate for pre-K- third grade
  • HB 2087 by Rep. VanDeaver covers student data privacy
  • HB 2130 by Rep. Roberts requires TEA to do a special education interim study
  • HB 2263 by Rep. Gooden removes a campus intervention team once an underperforming campus no longer has an unacceptable rating; establishes deadlines for TEA to send communications to school districts about the status of or action required for their turnaround plans
  • HB 2369 by Rep. Nevarez helps lower ISDs’ water bills
  • HB 2442 by Rep. Ken King cleans up the “minutes of instruction” bill from last session
  • HB 2537 by Rep. Guerra says counselors should inform foster care students about fee waivers
  • HB 2729 by Rep. Lucio III regarding certificates and credentials for CTE students
  • HB 2880 by Rep. Dutton reduces the level of crime for threatening to use a firearm on a school bus
  • HB 3157 by Rep. Dennis Bonnen regarding vision screenings for students at school
  • HB 3270 by Rep. Bohac relates to background checks for contractors and sub-contractors hired to provide construction or maintenance work on public works projects for school districts
  • HB 3349 by Rep. Gervin-Hawkins allows industry-related teachers to get certified in a shorter amount of time
  • HB 3526 by Rep. Howard adds Technology to the name of the (T) IMA
  • HB 3563 by Rep. Koop eliminates redundant parent notices
  • HB 3593 by Rep. Bernal creates a cybersecurity course in schools
  • HB 3632 by Rep. Moody allows more time for military families to request a special education due process hearing
  • HB 3706 by Rep. Lucio III allows alternative education programs to be at a campus or online and help students with post-secondary opportunities
  • HB 4056 by Rep. Rose requires schools to use research-based best practices to create a positive school climate 

Vetoed Legislation

The following bills were vetoed by the governor and will not go into effect:

  • HB 61 by Rep. Guillen establishes a new indicator for special education students in the accountability system

Governor’s veto statement on HB 61: “I have signed House Bill 22, which reforms our public school accountability system to provide additional transparency on school performance. Multiple provisions of House Bill 61 are based on the existing accountability system, which was overhauled by House Bill 22.  Additionally, parts of House Bill 61 regarding the use of video cameras in special education classrooms are already adequately addressed by Senate Bill 1398, which I have signed.”

  • HB 1342 by Rep. Parker requires school districts to provide age-appropriate, research based child abuse prevention training to students

Governor’s veto statement on HB 1342: “I have signed Senate Bill 2039, which directs the Texas Education Agency to develop an optional curriculum regarding sexual abuse prevention for use by school districts.  While both Senate Bill 2039 and House Bill 1342 seek to achieve a good purpose, Senate Bill 2039 does so in a more suitable way.  By recognizing both the importance of this topic and the right of parents to opt their children out of the instruction, Senate Bill 2039 strikes the correct balance.  House Bill 1342 was well-intentioned, but it lacked a provision for parental opt-out.  This is inconsistent with the longstanding rule in Texas schools that parents can remove their child from ‘any part of the district’s human sexuality instruction.’  Tex. Educ. Code § 28.004(i).”

  • HB 1500 by Rep. Giddings amends Domain IV to reflect post-secondary performance

Governor’s veto statement on HB 1500: “In 2015, the Texas Legislature prioritized parental engagement and increased transparency by developing an A through F grading system for school districts and campuses. House Bill 22, which I have signed, makes positive changes to the existing A through F system. House Bill 22 ensures students, parents, and taxpayers know how well our schools are doing. It also aligns the new grading system with Texas’ sanction and intervention strategies. House Bill 1500 is based on the existing grading system and conflicts with House Bill 22.”

  • SB 196 by Sen. Garcia requires website notices for schools that don’t have counselors, nurses, or librarians

Governor’s veto statement on SB 196: “Our public schools should be focused on educating students in the classroom. Senate Bill 196 detracts from that focus and imposes a needless regulatory mandate on schools.”

Unresolved Legislation

The following bills passed both chambers, but were not resolved:

  • SB 2078 by Sen. Larry Taylor relates to school safety, bathrooms and emergency plans; the schools-only bathroom language was added as a floor amendment
  • SB 2131 by Sen. West covers college advising
  • HB 515 by Rep. VanDeaver limits assessments
  • HB 1291 by Rep. Geren includes patriotism in the TEKS along with a Common Core Ban and SB 1883 was added
  • HB 3767 by Rep. Allen relates to district and campus-level committees
  • HB 4064 by Rep. Bohac relates to digital learning training for educators

 

 

 

HISD supports House Bill 21 to increase funding for all schools and lower Recapture payments

Leave a reply

The Houston Independent School District supports House Bill 21, which passed the Texas House of Representatives April 21 and would lower HISD’s Recapture obligation by providing approximately $40 million in additional resources for the 2018-19 biennium.

Houston voters go to the polls on May 6 to decide how to pay this year’s Recapture obligation of $77.5 million. Proposition 1 asks voters whether they want to “purchase attendance credits.” A vote for means HISD will write a check to the state, while a vote against would result in the state’s detachment and reassignment of the district’s most valuable commercial property. Early voting began April 24, 2017, and ends May 2, 2017.

House Bill 21 is expected to increase the basic allotment for all schools to $5,350, which also reduces payments for all Texas schools currently in Recapture. The bill also invests in English-language learners and students with dyslexia. The bill will now go to the Texas Senate.

“I’m pleased the House of Representatives is making an effort to fix an outdated school finance system,” said HISD Board President Wanda Adams. “HB 21 is a step in the right direction for public education and will help provide our students with the resources they need. On behalf of the Board, I’d like to thank Speaker Straus, Chairman Huberty, Chairman Zerwas, Chairman Ashby, Chairwoman Senfronia Thompson, and the members of HISD’s House delegation for their hard work and support.”

HISD voters first voted on Recapture, or Proposition 1, in November 2016. Since that vote, action by the Texas Education Agency and other factors have lowered HISD’s Recapture obligation from $162 million to $77.5 million. In response, the HISD Board of Education voted to call the May 6 election, giving voters another opportunity to decide how HISD will pay its Recapture obligation.

The Recapture process requires “property wealthy” districts that exceed a wealth per student set by the Texas Legislature to send a portion of their local property taxes to the state. Recapture is part of the state’s school finance system and is more commonly known Robin Hood.

The district created a website with information on Recapture and detachment at HoustonISD.org/Recapture.

 

Education bills moving in the House

Leave a reply

The 85th is a slow-moving session. So far, the following education-related bills have passed the full House.

  • HB 9 (Capriglione): Relating to cybercrime; creating criminal offenses.
  • HB 21 (Huberty): Relating to the public school finance system. HB 21 increases the basic allotment to all schools, includes the transportation allotment and adds a new weight for dyslexic students. If passed by both chambers, HB 21 adds $1.5 billion to the public schools in the 2018-19 biennium.  HISD and many other school groups supported HB 21 in committee.
  • HB 122 (Dutton): Relating to the age of criminal responsibility and to certain substantive and procedural matters related to that age. The bill was revised before it passed the committee.
  • HB 223 (Howard): Relating to use of compensatory education allotment funding to provide assistance to students at risk of dropping out of school who are pregnant or who are parents.
  • HB 264 (Hernandez): Relating to public outreach materials to foster awareness of certain public school curriculum requirements.
  • HB 354 (Raney): Relating to the process for establishing speed limits on roads near certain schools. The bill was revised before it passed the committee. It will be on the House floor on April 21.
  • HB 357 (Huberty): Relating to the eligibility of the children of certain first responders for free prekindergarten programs in public schools.
  • HB 367 (Bernal): Relating to the authority of a school district to donate food to a nonprofit organization to be served to students of the district. The bill was revised before it passed the committee.
  • HB 657 (Bernal): Relating to procedures for a student enrolled in a special education program who fails to perform satisfactorily on certain assessment instruments. The bill was revised before it passed the committee.
  • HB 728 (Guerra): Relating to the establishment by the commissioner of education of an advanced computer science program for high school students. The bill was revised before it passed the committee.
  • HB 755 (Parker): Relating to the use by certain tax-exempt organizations of certain payments made in connection with real property transfers to provide educational activities through certain schools. The bill was revised before it passed the committee.
  • HB 789 (Meyer): Relating to minimum scores required for students in certain school districts to pass an examination for acceleration or for credit.
  • HB 878 (King, K.): Relating to the extension and modification of a public school district depository contract.
  • HB 1270 (Smithee): Relating to excused absences from public school for the purpose of visiting a military recruitment center.
  • HB 1469 (Bailes): Relating to qualifications for certain teachers employed by certain open-enrollment charter schools. The bill was revised before it passed the committee.
  • HB 1593 (Bohac): Relating to the engagement strategies included in a school district’s family engagement plan.
  • HB 1669 (King, T.): Relating to appeals and complaints arising from school laws brought by parents and public school students; authorizing the award of attorney’s fees.
  • HB 1731 (King, K.): Relating to the inclusion of students receiving treatment in a residential facility in the determination of dropout rates for purposes of public school accountability.
  • HB 2263 (Gooden): Relating to continued monitoring of certain public school campuses that have been assigned a campus intervention team.
  • HB 2611 (VanDeaver): Relating to broker agreements for the sale of real property by school districts.
  • HB 2729 (Lucio III): Relating to an inventory of credentials and certificates that may be earned by a public high school student through a career and technology education program.
  • HB 3075 (Huberty): Relating to excluding certain students from the computation of dropout and completion rates for purposes of public school accountability.
  • HB 3107 (Ashby): Relating to the production of public information under the public information law.
  • HB 3563 (Koop): Relating to parental notification regarding public school teacher qualifications. The bill was revised before it passed the committee.
  • HB 3722 (King, K.): Relating to funding adjustments for school districts that annex unacceptable school districts.

Of note, the House moved their version of the “bathroom bill” in April. The bill was heard in the House State Affairs Committee on April 19. The bill number is HB 2899 by Rep. Ron Simmons (R-Carrollton). The Governor is reportedly supportive of the bill. HISD opposed the bill during the hearing.

The House Public Education Committee held four public hearings during the month of March and five during the month of April to consider bills related to public education.  Representative Dan Huberty (R-Humble) chairs the House Public Education Committee.  This is Chairman Huberty’s first session as chair of the Committee.

A total of 440 bills were referred to the House Public Education Committee.  To date, the Committee has voted out over 70 bills, including certain bills related to school districts:

Continue reading →

Education bills moving in the Senate

Leave a reply

The Senate Education Committee held four public hearings during the month of March and seven in April to consider bills related to public education.  Senator Larry Taylor (R-Friendswood) chairs the Senate Education Committee.  This is Chairman Taylor’s second session as chair of the Committee.

A total of 238 bills were referred to the Senate Education Committee. More than 40 bills have passed the Senate Education Committee. Some of those bills are:

  • SB 195 (Garcia): Relating to funding under the transportation allotment for public school students subject to a high risk of violence while walking to school. This is also known as the “safe passage bill.” The bill was revised before it passed the committee. The committee voted it out on the same day it was heard in honor of Josue Flores, who lost his life while walking home from school in Houston’s Near Northside.
  • SB 196 (Garcia): Relating to a notification requirement if a public school, including an open-enrollment charter school, does not have a nurse, school counselor, or librarian assigned to the school during all instructional hours.
  • SB 457 (Campbell): Relating to funding for an open-enrollment charter school based on the guaranteed level of state and local funds provided to school districts through the existing debt allotment. The bill was revised before it passed the committee.
  • SB 463 (Seliger): Relating to the use of individual graduation committees to satisfy certain public high school graduation requirements. SB 463 makes individual graduation committees permanent for students who fail to pass no more than 2 STAAR end-of-course exams. HISD and many other school groups supported the bill in committee. The bill is scheduled for consideration on the Senate floor.
  • SB 529 (Lucio): Relating to improving training and staff development for primary and secondary educators to enable them to more effectively serve all students.
  • SB 610 (Huffines): Relating to the state virtual school network.
  • SB 653 (Taylor, V.): Relating to the eligibility of certain employees or annuitants convicted of certain felony offenses. The bill will be heard on the Senate floor during the week of May 1.
  • SB 754 (Perry): Relating to the extension and modification of a public school district depository contract.
  • SB 801 (Seliger): Relating to the instructional material list and supplemental instructional materials adopted by the State Board of Education.
  • SB 825 (Taylor, L.): Relating to school district discretion to administer college preparation assessment instruments to public school students at state cost.
  • SB 1005 (Campbell): Relating to the use of the SAT or the ACT as a secondary exit-level assessment instrument to allow certain public school students to receive a high school diploma.
  • SB 1122 (Huffines): Relating to abolishing certain county boards of education, boards of county school trustees, and offices of county school superintendent. The bill was revised before it passed the committee. The bill is scheduled to be on the Senate floor during the week of May 1.
  • SB 1153 (Menendez): Relating to parental rights and information regarding certain intervention strategies used with public school students.
  • SB 1220 (Miles): Relating to ensuring continuity of education and access to higher education, career information, and skills certification for foster care youth and former foster care youth.
  • SB 1267 (Taylor, L.): Relating to school district ad valorem tax rates.
  • SB 1278 (Taylor, L.): Relating to educator preparation programs.
  • SB 1317 (Uresti): Relating to the earliest day a school district may require a teacher to report for service and information regarding required teacher attendance on non-instructional days. The bill was revised before it passed the committee. It’s been sent to the Senate floor.
  • SB 1318 (Taylor, V.): Relating to designation of mathematics innovation zones by the commissioner of education and to the establishment of pay for success programs to provide necessary funding.
  • SB 1353 (Taylor, L.), like HB 3106 (Faircloth): Relating to state financial assistance for a school district to which an academically unacceptable school district is annexed.
  • SB 1398 (Lucio): Relating to the placement and use of video cameras in certain self-contained classrooms or other settings providing special education services. The bill was revised before it passed the committee.
  • SB 1404 (Hughes): Relating to requiring school districts and open-enrollment charter schools to report certain information regarding voluntary after-school programs and voluntary summer programs. It’s been sent to the Senate floor.
  • SB 1480 (Hughes): Relating to the guarantee of charter district bonds by the permanent school fund. The bill was revised before it passed the committee. It’s been sent to the Senate floor.
  • SB 1481 (Taylor, L.): Relating to the instructional materials and technology allotment, open education resource instructional materials, and the State Board of Education long-range technology plan.
  • SB 1659 (Taylor, L.): Relating to the commissioner of education accepting contributions for the public school system, adopting rules regarding grant compliance, and establishing grants for high-quality educational programs.
  • SB 1839 (Hughes): Relating to the preparation, certification, and classification of public school educators.
  • SB 1854 (Uresti): Relating to requiring the review of public school district paperwork to limit paperwork requirements. It’s been sent to the Senate floor.
  • SB 1882 (Menéndez): Relating to a school district contract to partner with an open-enrollment charter school to operate a district campus. The bill was revised before it passed the committee.
  • SB 1883 (Campbell): Relating to the approval of open-enrollment charter schools and the review of challenges by open-enrollment charter schools or school districts to accountability determinations.
  • SB 1886 (Bettencourt): Relating to the creation of the office of inspector general at the Texas Education Agency to investigate the administration of public education.
  • SB 2039 (Zaffirini): Relating to the development of a program and training for public schools on the prevention of sexual abuse and sex trafficking and participation by the human trafficking prevention task force in that development.
  • SB 2142 (Taylor, L.): Relating to the repeal of the high school allotment under the Foundation School Program.
  • SB 2143 (Taylor, L.): Relating to the basic allotment under the foundation school program.
  • SB 2144 (Taylor, L.): Relating to the creation of a commission to recommend improvements to the public school finance system.
  • SB 2188 (Taylor, L.): Relating to the average daily attendance calculation for students over 18 years of age who are in an off home campus instructional arrangement.
  • SB 2270 (Lucio): Relating to expansion of a pilot program under the foundation school program for funding prekindergarten programs provided by certain school districts with early high school graduation programs. The bill was revised before it passed the committee.

On April 18, the Senate Education Committee held a public hearing on school finance bills. Of note, Chairman Taylor laid out his school finance bill, SB 2145, which does not increase funds for public education, but favors property poor and rural schools. The committee held hearings on April 20, April 25 and April 27 to close out the month.

One bill of note that passed the committee is SB 1398 by Sen. Eddie Lucio (D-Brownsville), which cleans up legislation that passed in 2015 that requires video cameras in certain self-contained classrooms or other settings providing special education services. HISD is working with the bill authors. The bill has been revised.

Several of the Senate bills heard in the Education Committee have passed the full Senate.  Those bills are:

  • SB 3 (Taylor, L.): Relating to the establishment of an education savings account program and a tax credit scholarship and educational expense assistance program. SB 3 is also known as the “voucher” or “school choice” bill.
  • SB 7 (Bettencourt): Relating to improper relationships between educators and students; creating a criminal offense and expanding the applicability of an existing offense. The bill passed the House Public Education Committee and is on its way to the House floor.
  • SB 22 (Taylor, L.): Relating to the establishment of a Pathways in Technology Early College High School (P-TECH) program and to the repeal of the tech-prep program. The bill will be heard in the House Public Education Committee on April 25.
  • SB 490 (Lucio): Relating to information regarding the number of school counselors in public schools.
  • SB 579 (Taylor, V.): Relating to the use of epinephrine auto-injectors on private school campuses and at or in transit to or from off-campus school events.
  • SB 640 (Taylor, V.): Relating to equal opportunity for access by home-schooled students to University Interscholastic League sponsored activities; authorizing a fee. HISD opposed the bill.
  • SB 826 (Taylor, L.): Relating to the sequencing of required English language arts courses and mathematics courses in schools.
  • SB 1166 (Bettencourt): Relating to providing for the review of certain county departments of education by the Sunset Advisory Commission. This bill applies to the Harris County Department of Education.
  • SB 1483 (Taylor, L.): Relating to the creation of the Technology Lending Program to provide grants to school districts and open-enrollment charter schools.
  • SB 1566 (Kolkhorst): Relating to certain powers and duties of the board of trustees of an independent school district and the governing body of an open-enrollment charter school.
  • SB 1634 (Taylor, L.): Relating to a reduction in required days of service for educators in public schools under certain circumstances.
  • SB 1658 (Taylor, L.): Relating to the ownership, sale, lease, and disposition of property and management of assets of an open-enrollment charter school.
  • SB 1784 (Taylor, L.): Relating to state-developed open education resources for public schools.
  • SB 1837 (Hughes): Relating to the application of the financial accountability system for open enrollment charter schools to the charter school of a public senior college or university.
  • SB 2080 (Taylor, L.): Relating to a requirement that school districts and open-enrollment charter schools report certain information regarding children with disabilities who reside in residential facilities.
  • SB 2131 (West): Relating to requirements for providing postsecondary education counseling to high school students.

The Senate State Affairs Committee also held public hearings on legislation related to public schools. Senator Joan Huffman (R-Houston) chair State Affairs.  This is her second session chairing the Committee. Four bills heard in State Affairs passed the full Senate.  Those bills are:

  • SB 4 (Perry): Relating to the enforcement by certain state and local governmental entities and campus police departments of state and federal laws governing immigration and to related duties of certain law enforcement and judicial entities in the criminal justice system; providing civil and criminal penalties. SB 4 is also known as the bill that “bans sanctuary cities.” An amended version of this bill passed the House on April 27 and is now on its way to the Governor.
  • SB 6 (Kolkhorst): Relating to regulations and policies for entering or using a bathroom or changing facility; authorizing a civil penalty. SB 6 is also referred to as the “bathroom bill.”
  • SB 13 (Huffman): Relating to payroll deductions for state and local government employee organizations.
  • SB 14 (Taylor, V.): Relating to the ethics of public officers and related requirements; creating criminal offenses.

The Senate Intergovernmental Relations Committee discussed legislation, as well. Senator Eddie Lucio (D-Brownsville) chairs the Committee.  Four major bills vetted by this committee have passed the full Senate. These bills are also known as the “ballot” bills because their goal is to make school districts more transparent when holding bond elections. There are also bills out there requiring school districts to hold all elections in November only. Here are the elections related bills that have passed the full Senate:

  • SB 460 (Lucio): Relating to general obligation bonds issued by political subdivisions.
  • SB 461 (Lucio): Relating to the notice required before the issuance of certain debt obligations by political subdivisions.
  • SB 467 (Lucio): Relating to a requirement for ballot propositions.
  • SB 488 (Lucio): Relating to requirements for certain petitions requesting an election and ballot propositions.

Other Senate committees held hearings.  The Senate Finance, Higher Education, Transportation and Criminal Justice Committees passed the following bills that were later approved by the full Senate:

  • SB 2 (Bettencourt): Relating to ad valorem taxation.
  • SB 17 (Nelson): Relating to the decrease of the rates of the franchise tax under certain circumstances and the expiration of that tax.
  • SB 30 (West): Relating to inclusion of instruction regarding interaction with peace officers in the required curriculum for certain public school students and in driver education courses and to civilian interaction training for peace officers.
  • SB 693 (Garcia): Relating to three-point seat belts on buses that transport schoolchildren.
  • SB 1091 (Seliger): Relating to limitations on courses that may be offered for dual credit by school districts and public institutions of higher education.

 

 

Budget negotiations underway as state lawmakers look for agreement

Leave a reply

Both chambers made progress on their versions of the budget during the months of March and April.  The only issue is both chambers still remain far apart on how they’d like to appropriate funds for the 2018-19 biennium.

On March 28, the Senate voted unanimously in favor of their budget proposal, Senate Bill 1. Here are some key elements of the Senate’s version of SB 1:

Continue reading →

HISD voters to decide how to pay Recapture obligation to state

Leave a reply

HISD voters will be asked on May 6 to decide how the district will pay its Recapture obligation to the state of Texas.

Voters will choose between two options—purchase attendance credits from the state or have commercial property detached. A vote against purchasing attendance credits means that the district permanently will lose tax collections for certain commercial properties. A vote for purchasing attendance credits means that HISD will write a check to the state for local property taxes and continue to make annual recapture payments as long as property wealth grows.

HISD seeks financial relief as state lawmakers meet in Austin

Leave a reply

HISD’s Board and Superintendent have been in Austin on a regular basis since the session began in January, proposing solutions to state lawmakers that would provide financial relief to HISD and school districts statewide. The ultimate goal is for the Legislature to reform the state’s school finance system, but no progress is expected this session because of the cost and complexity of such reforms.

In the meantime, HISD’s Government Relations team will continue to push legislation that improves HISD’s Recapture situation for the next two years or until the Legislature meets again in 2019.

The district supports a number of bills that would help lower HISD’s Recapture obligation or return property that gets detached should Proposition 1 fail. The following bills have moved or had public hearings:

  • HB 21 by Rep. Dan Huberty: reduces recapture payments for ISDs statewide, increases the basic allotment, contains the transportation allotment and creates a new weight for dyslexic students. HISD and other school groups supported the bill in committee and the bill is a priority of Speaker Straus. The bill passed the House on April 20.
  • HB 1059 by Rep. Jim Murphy and SB 1247 by Sen. Joan Huffman: trigger a reattachment process for detached properties, which is currently missing from the statute.  HISD and Houston’s business community supported HB 1059 in committee and the bill was left pending. SB 1247 has not had a public hearing yet.
  • HB 3795 by Rep. Harold Dutton: allows recapture-paying districts to count charter school students zoned to their district in recapture calculations, which lowers recapture payments also. HISD expressed appreciation to Representative Dutton for starting the conversation around the impact of charter schools on school districts. The bill was recently heard in committee and was left pending.

The remaining bills are supported by the District, but have not moved yet in the legislative process:

  • HB 1037 (Capriglione) and SB 358 (Watson): allow recapture-paying school districts like HISD to receive their transportation allotment from the state. One could argue these bills are part of HB 21.
  • HB 1324 (S. Thompson): recognizes half of the local homestead exemption in school finance formulas and removes a financial penalty for school districts. It lowers recapture, as well.
  • HB 1326 (S. Thompson): counts students enrolled in full-day Pre-K in a school district’s recapture calculations only and thus lowers recapture payments.
  • HB 1838 (Meyer): institutes a recapture limit tied to inflation.
  • HB 3375 (S. Thompson): ties new local property value growth to the equalized wealth level, which is a good thing for schools. This bill was adopted as a floor amendment to HB 21, which is a win for HISD and other districts in recapture.

Educational Equity
The District believes one of the best ways to improve equity among students is to educate students in a 21st Century learning environment, equipped with latest technology and broadband access.  All students need access to the most current digital resources and the Internet both at home and at school.  Such resources are essential for students to feel prepared for post-secondary opportunities and life-long careers.

A major area of alignment between the House, Senate and the Governor is the need to invest in digital learning opportunities for public school students.  As a result, the proposed state budget invests $25 the million in the E-Rate program, so that schools throughout the state will have stronger Internet access. This $25 million investment triggers a federal match of $250 million to the State of Texas.  HISD worked with the state during the months before the legislative session to make sure funds were set aside for digital learning and broadband access.

Local Control & Governance
Many bills have been filed this session related to local control and school board governance.  HISD’s goal this session is to make sure the District and the Board of Education have flexibility to innovate and make decisions that are best for the Houston community and its students.  Governance and student outcomes are priorities of school boards. Sometimes it is unintentional, but state proposed legislation should not jeopardize local control.   To date, specific bills related to bathroom usage (SB 6 and HB 2899), sanctuary cities (SB 4), taxation (SB 2 and HB 15), school board governance (HB 1150, HB 1152 and SB 1566), and school bond elections (SB 460 and SB 461) are some of the bills school groups are closely watching.