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The Senate committee on education met on May 4 to take up a full agenda. This report covers all six bills discussed: HB 699, HB 725, HB 785, HB 1147, HB 1603, and SB 487. The archives for this hearing can be found here and here.

This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

HB 725 (Patterson) Relating to the eligibility of certain children who are or were in foster care for free prekindergarten programs in public schools.

  • Zaffirini – current law allows children who have been in DPS to qualify but not foster children adopted from another state, “Jace’s Law”

 

Lisa Norman, Self – For

  • Adopted child from Louisiana, denied from free pre-k program even though Texas oversaw entire adoption
  • Taylor – Commend adopters, you found the glitch in the system that we can fix

 

HB 725 is left pending.

 

HB 699 Rosenthal) Relating to public school attendance and promotion requirements for students diagnosed with or undergoing related treatment for severe or life-threatening illnesses.

  • Zaffirini – would add absences due to a serious illness to list of excused absences
  • Requires school district to provide additional counseling and not deny student promotion if failing due to serious or life-threatening illness

 

George Schaudel, Self – For

  • Shared son’s story of Crohn’s disease and its effect on school attendance
  • According to the law the 90% rule applies to all absences, even excused ones; can still be punished even with a doctor’s note
  • Taylor – Bottom line- he shouldn’t be penalized for mastering or passing material
    • He’s an A student
  • Paxton – I had a student with Crohn’s disease; even harder to see A student work to keep up and still be penalized. Meant to serve student achievement and kids’ learning

 

HB 699 is left pending.

 

HB 785 (Allen) Relating to behavior improvement plans and behavioral intervention plans for certain public-school students and notification and documentation requirements regarding certain behavior management techniques.

  • Zaffirini – Would review plans at least annually
  • District would provide written notification to parents every time restraint was used
  • Would request parental consent to perform Functional Behavioral Assessment

 

Jennifer Toon, Coalition of Texans with Disabilities – For

  • Families report BIPs are only reviewed every 3 years which is not effective or functional
  • New behaviors may emerge before review takes place; more disciplinary actions are taken
  • A report by Disabilities Texas found that though students with disabilities make up 9.8% of the state’s school population, they receive 91% of the restraints in TX in 2018-19 school year
  • Students that receive these measures are twice as likely to drop out of school
  • Bill will improve parental awareness and engagement
  • Perry – When a child is restrained, is it typically for protection for their welfare as well as those around them? The kids that get out of control can be dangerous
  • Perry – I have seen well intended initiatives backfire. What event in your mind justifies restraint?
    • Fine balance, any kind of restraint must be justified
    • Outburst can be a manifestation of disability and restraints are used in overabundance
  • Perry – Are there times when restraints are needed? Was surprised that the review is every three years. What is the reason for that?
    • There are times restraints are needed yes
    • When this was first instituted, they decided it was an appropriate amount of time
    • Three years is not appropriate, can’t effective if it isn’t more frequent

 

HB 1603 (Huberty) Relating to the use of individual graduation committees and other alternative methods to satisfy certain public high school graduation requirements.

  • Seliger – Removes sunset date and amends Education Code on IGCs; passed unanimously out of this committee in previous sessions
  • Senator Taylor and Dan Patrick created process where TEA will audit IGC and do a specific audit if the IGC appears excessive
  • 20% of students who stand before and IGC are not allowed to graduate, which shows high standards of the parents and faculty
  • We do not want graduation to rely on one test
  • Students must pass every one of their courses in school to be eligible to IGC, which lessens the probability that a student does not get their diploma
  • Powell – Supports bill until it is passed
  • Seliger – Cannot track in military enlistments, or matriculation into careers they don’t track

 

HB 1603 Left Pending

 

SB 487 (Hughes) Relating to the applicability of certain laws to open-enrollment charter schools.

  • CS adopted
  • Will make sure that public schools and charter schools are treated the same when it comes to certain aspects of local government in terms of zoning, code compliance, permitting and land development standards
  • CS states charter does not have imminent domain and gives more specific zoning items and charter school’s exemption on fees is only on land that they own

 

Tom Sage, Self – For

  • Charter schools are an enterprise in the state
  • They can address challenges public schools can’t or do not
  • Charter schools are the longest public private partnership in the state
  • Bill is intended to address treatment between charter and ISDs especially with increasing rules and regulations being created
  • Lucio – Stated his support for this bill. Asked if there was a side-by-side comparison about the major differences between charter and public schools and their requirements. Does it matter
    • Two additional seats because of all the people coming to Texas
    • May have to come up with a new solution to accommodate all the people coming
    • Make sure unproductive charters are closed under 3 strike policy
  • Lucio – Competition is good but doesn’t want to go after them. Wants to make sure that there are standards, so people don’t have to be on the defensive on the topic of charters
  • West – Voted against killing charters in 1995 in favor of choice; concerned about charters that are teaching the same material as public schools performing well who receive limited funds from the state
    • Sage – charters exist if students show up, they’re made suffer the consequences if located too close to a public school
    • Location decisions made by TEA, and this is what bill addresses
  • West – Agreed, but asked why they would agree upon colocation
  • Taylor – Similar to gas stations, gives people choices
  • West – Disagrees, not an efficient use of taxpayer dollars, gas stations are private enterprise
  • Sanford – Who owns the schools?
    • Owned by non-profit organizations
    • Funded by the state
    • If the school stops accepting state funds, state owns buildings
  • Sanford – Asked if all charters have to be non-profit and ownership of land goes back to the state if they lose the charter or go bankrupt
    • Yes
    • If there was a liquidation of the charter, and money had been raised and used and shown in the audits, the school can ask for those funds back
  • Sanford – What would happen to the property if public school went bankrupt or closed?
    • Usually sold and money would return to the taxpayers
    • There is no intent to build fire traps
  • Sanford – Thinks it is unfair to let one city entity not have to follow regulations for ISD
    • Bill doesn’t do that
    • Bill requires charters to be treated the same
    • If a school district goes through a process, a charter school will have to
  • Paxton – Bill is not creating advantage, it’s to create a level playing field. Anything that a traditional public school would have to do, a charter would have to

 

Amara and Alicia Simmons, International Leadership with Texas – For

  • Students at a charter school
  • Spoke in favor of bill
  • Has had extraordinary opportunities because of their school

 

Shelia Williams, Self – For

  • Believes it should be a parents’ choice to choose where their child goes to school
  • Personal experience with safety issues at ISDs
  • Taylor – Asked if kids start early on?
    • Kids start in Kindergarten

 

Karalei Nunn, COO of Meridian World School – For

  • Her charter did not have a good relationship with city at beginning
  • City tried to delay permit, so they fought in court
  • Doesn’t have confidence that without legislation this won’t happen again in future expansions
  • Taylor – Asked about 2,200 kid long waiting list
    • Would like to replicate
    • Wants to form team with local ISD to help improve them

 

Eddie Conger, Founder of ILT – For

  • Tried to open a sister school but Dallas wouldn’t allow it
  • Wants to take decision away from local

 

SB 487 Left Pending

 

HB 1147 (Taylor) Relating to military readiness for purposes of the college, career, or military readiness outcomes bonus under the Foundation School Program.

  • Bill ensures that students must have a passing score on AFVAB Exam following enlisting in US armed forces
  • Graduates need to meet criteria for school to get bonus,
  • Ensures schools are producing and preparing military ready students
  • CS adds enlistment Texas National Guard to be college career military readiness indication of the college ready student achievement domain

 

Erin Davis Valdez, Texas Public Policy – For

  • Bill clarifies that students that enlist in Texas National Guard should be included in CCMR
  • Students should care about student outcomes beyond graduation

 

HB 1147 Left Pending