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The Committee Substitute for HB 100 (King, Ken | et al.) related to public school finance was voted out of the Senate Education Committee this morning. A HillCo report of the discussion can be found below.

Senate Committee on Education – May 22, 2023

The Senate Education Committee met on May 22 to discuss HB 100 (King, Ken | et al.). The notice for the hearing can be found here and the video archive of the hearing can be found here.

This report is intended to give you an overview and highlight of the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer.

Vote Out Occurred After Discussion and Public Testimony

HB 100 (King, Ken | et al.) reported favorably as substituted to senate (9 ayes, 3 nays). The 3 nays were from Senators LaMantia, Menendez, and West.

Bill Discussion

HB 100 (King, Ken | et al.) Relating to the compensation of public school educators and to the operation of public schools and the public school finance system, including enrollment-based funding for certain allotments under the Foundation School Program.

  • CS laid out
  • Creighton – Bill provides increased funding for public charter schools through increases to the basic, small, and midsize allotments
  • Bill increases the minimum salary schedule and funding to support those increases
  • Bill would lower the required number of days for eligibility to 175, increase the funding for the compensatory education and early education allotments and provide important improvements that govern resource campuses to make sure the most at risk schools can access needed resources
  • CS adds to the bill by targeting investment to high needs areas special, special education, teacher retention and recruitment
  • Some of the provision include special education investments, bill transitions spec ed funding to intensity of services models, schools will receive initial evaluation allotment of $500 per evaluation, supplemental spec ed service grants at $1500 per public school student are made permanent
  • Teacher pays increases in the basic allotment, teacher incentive allotment, increases minimum salary schedule and mentor program allotments, pre k provision still exist, teacher residency programing will continue
  • Waivers for special educator and bilingual educator certifications and much more
  • Bill incorporates article 2 and 3 of SB 8 providing ESAs, all public school students are eligible as well as current private school students who are at 200% of federal poverty level
  • The $8k ESA is in HB 100, all students that are eligible to attend a Texas public schools may participate in the program as well as some economic disadvantaged program students that attended private schools
  • If applications exceeded funding capacity up to 2/3 of the ESAs will be provided to students in C, D, and F rated campuses
  • CS adopted

Discussions that occurred with the bill author throughout the hearing after bill layout

  • Menendez – had less than 12 hours to see the CS, does the CS help teachers pay for a national certification?
    • No that particular goal is not covered within the scope of the bill
  • Menendez – The ESAs were added to the bill, concerned if people have these, would private schools be subject to state laws?
    • There would be no change to private school laws, bill is not intended to put strings on private schools, its intended to allow families to direct their own dollars
  • Menendez –The ESA does not cover transportation costs, correct?
    • That’s why its not a voucher, under the ESA because the money doesn’t go to the family transportation, uniform etc. those types of ways to help the students are covered
  • Sen. King gives a lengthy explanation of his granddaughters who got help in public and private schools; not concerned about private schools not helping
  • West – we are looking at the house bill as engrossed there is nothing in there about ESAs?
    • That’s correct, we have many new provisions
  • West – Is there anything in there about teacher retirement?
    • No we handle that in the budget
  • West – So would you agree that ESAs are a different subject all together?
    • Yes, as are teacher rights and other issues
  • West – What is the rule, if you have an engrossed version of the house bill, can you add other subject matters?
    • As we have discussions this late into the session yes
  • West – so you can go outside the 4 corners of the bill?
    • Yes, we do that always this late in the session
  • West – Its my understanding that if the bill is engrossed you are held to the 4 corners of the bills, I’m not sure this is germane to the bill?
    • Well the overall discussion is about how education is funded, I believe under school finance it fits
  • West – Its my understanding based on previous rulings of the parliamentarian, there is nothing in the engrossed version that deals with ESAs
    • I’m looking at it differently, but there is stuff in here that relates to school financing; I believe we will have a ruling on it from the parliamentarian
  • Menendez – Is the basic allotment included in the bill?
    • I believe with this legislation it goes up $50
  • Menendez – Is there any discussion about taking the basic allotment up to $7k?
    • The basic allotment is not the only strategy to address public education
  • Creighton – Want to remind members that we have put $9b of new money into public education, that is beyond the total state budget allocation for 11 states in the US; as we put $9b of new money into public education, we’ve also increased the basic allotment in this legislation as well as teacher pay and comp ed; we have a 10th of a $1b that can be used for teacher salary separate from that; we are reaching a plateau where the state is close to 50% of the state share of public education
  • Menendez – We are getting lots of questions from folks back home, if you could give us a breakdown on that, folks are seeing us keep proposing this $.5b ESA, so they are seeing us purpose something that they think is counterintuitive, it is a difficult subject and the end of the day these are our community schools, the reason ESAs have never passed is because these are the biggest equalized for kids, and there is not enough private schools for 5.2m kids
    • Your points are excellent, the public has yet to see us land the plane; at the end of the day when all of the strategies come together, our public schools will see that we lifted them up like never before
  • West – how much of the $9b is for property tax relief
    • I believe $4b, there’s compression and then historic dollars in total and in percentage that are being driven straight to the schools, there’s a basic allotment increase and then a percentage of the new money has to go directly to the classroom because we have seen a trend where new money from the state has not ended up in the classroom, so we have a guardrail in place on that end; all in all I think the total will be very impressive for schools
  • West – I think that we need to make certain that as we paint the picture of the citizens that are not in this room, exactly what that means in terms of the state continuing to show the responsibility of public education in the state of Texas
    • That’s right, and were lifting up our retired teachers with a COLA increase; we are putting $1b into school safety; we have all these initiatives that are coming together that will be historic; I understand that in this legislative process on guard, you are either helping to shape the menu or your on it; the testimony is very valuable

Public Testimony

Christy Rome, Texas School Coalition – Opposed

  • Was supportive of the bill, but the new bill does not look like the bill originally supported
  • CS does not look like the bill
  • Bill offers $50 increase, with inflation $100-200 needed
  • Bill does not extend the formula transition grant deadline

 

Chloe Latham Sikes, IDRA – Opposed

  • Opposed any type of ESA
  • ESAs are expensive, waste of public dollars, can lead to segregation
  • Condemn late night last ditch proposal to move ESAs forward
  • Menendez – Is there anything in this bill that says that we can offer more or less, is it comparable to TEG grants?
    • No, I don’t see those as analogs; to compare it to higher education, it’s a different type of funding system and responsibility of the state

 

Diana Long, TLEEC – Opposed

  • TLEEC does not support ESAs
  • Under this program parents will be left with less choice
  • Public schools serve as the bedrock of democratic society

 

Steven Aleman, Disability Rights Texas – Opposed

  • Even under current federal law students have the ability to access private education
  • There are great spec ed reforms, want to see any money diverted to ESA given to public schools
  • There are many promising parts but with the inclusion of the ESA opposed to the CS
  • Menendez – Would this help kids that are stuck in failing schools?
    • That’s our concern, if a student moves out of a school, the way public schools are funded, it’s a discount to an already underfunded systems

 

Chandra Villanueva, Every Texan – Opposed

  • Disappointed in what the bill has become
  • Basic allotment has been stagnant, need at least 1k to make up for an inflation adjustment
  • Need enrollment based funding, over 300k students are not funded every year

 

Ray Pieniazek, Ag Teachers Association of Texas – Neutral

  • Parts of the bill are good parts are bad
  • appreciate the CT allotment issues

 

Sabrina Gonzalez , TCDD – Neutral

  • TCDD thanks Rep. K King for taking out spec ed funding reforms
  • TCDD has concerns with the establishment of ESA program for students, apprehensive with the loss of legal protection for students
  • National council of spec ed has recommendation for council, none of which are in the bill

 

Ana Rush, Del Valle ISD – Neutral

  • Support the bill but not the ESAs
  • Parents already have the option to leave an F rated school
  • Parents do not have the option for the students to not take the STAAR

 

Michael Lee, Texas Association of Rural Schools – Opposed

  • Opposed to ESAs
  • Have pulse on rural Texas, rural Texas is against voucher
  • Would apricate the additional funding for $7k for the 4 day week

 

Bee Moorhead, Texas Impact – Opposed

  • Opposed to the bill because of the ESA provision
  • Opposed because the enduring of religious freedom is put at risk

 

Charles Luke, Coalition for Public Schools – Opposed

  • Opposed because of the ESA provision
  • Have issues with the accountability, bill would funnel money to private schools
  • Concerned with separation of church and state
  • Concerned with the removal of IDEA protections for students with disabilities
  • King – Don’t you agree that a parent will look and see what their best option is for their child?
    • I don’t think it has to with how good the parents are, there were times that I didn’t agree with a school’s decision, but I had federal law that was backing me; I’m not discounting parents I’m simply concerned that those protections will no longer be in place

 

Susana Carranza, Self – Opposed

  • Opposed the CS because of ESAs
  • Public funds should not go to private schools, business should funds that
  • Concerned the separation of church of state
  • King – Don’t you think parents should have the choice on where they send their child?
    • People have the choice to send their children to religious schools, I’m not opposed to that; I’m opposed to the issues of public money going to fund religious school
  • King and Menendez have a back and forth about the public school system and trying to support every child, and the Texas Education Grant

 

Jennifer Allmon, Texas Catholic Conference of Bishops – For

  • Think this bill is good way to create education choice for parents
  • Texas depends on strong public schools’ system
  • Bill gives parents the option to help their children struggling in school
  • Bill address special needs issues
  • Menendez – I understand you want state funding but there is no accountability for private schools?
    • The accreditation system is the accountability
  • Menendez – You would rather not have any state dollars, than have any state regulations is that correct?
    • We are in support of allowing parents to choose which education system is best for their child

 

Laura Colangelo, Texas Private School Association – For

  • 97% of private school are interested to implementing a program like this
  • Heard about students losing protections under IDEA, private schools operate under contract law
  • Median tuition across the state is $9,298, ESA would be able to cover most of those cost
  • Menendez – In the past y’all have testified, if there was state funding you do not want the regulations attached to that is that correct?
    • We operate under an accreditation system
  • Menendez – so you feel comfortable with the curriculum you teach?
    • That curriculum is taught to public schools; the norm reference test measures the same things as the STAAR
  • West – Private schools have program for education?
    • 87% of schools overall serve students with special needs

 

Joshua Houston, Texas Impact – Opposed

  • Language is pushing the boundaries of Carson vs. Makin
  • Pg 103 goes further than that decision
  • Language in the issues is broad

 

Kathryn Kizer, Self – Opposed

  • There are 14 charter schools in district
  • Have yet to see the $9b in public education, there is about $5b seen
  • Have seen stories where private schools have not been able to accept students
  • Most of the kids that leave public schools end up coming back

 

Ashley Ford, ARC of Texas – Opposed

  • Concerned about the protections that are lost in the IDEA
  • Concerned with the provision related to SSLC, do not believe it is appropriate for schools to be referring information for students to SSLCs
  • Believe local IDD authorities should be the ones discussing SSLCs

 

Renee Bonham, Self – For

  • Some of the programs in the school district are at risk
  • Listed a deficit each district is facing for every senator on the committee

 

HB 100 (King, Ken | et al.) reported favorably as substituted to Senate floor (9 ayes, 3 nays)