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The Senate Committee on Education met on November 27 to hear invited and public testimony regarding interim charges related to mandate relief and innovation, specifically reviewing the reduction/elimination of inefficiencies, as well as monitoring implementation of SB 22 (85th) and SB 7 (85th).

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.

 

Monitor SB 22, and SB 7 as it relates to improper relationships between educators and students and reporting of educator misconduct

Heather Justice, Texas Education Agency (TEA)

  • SB 22 required TEA to establish the P-TECH model
    • Part of the college and career school models (have 4) designed to give economically disadvantaged and at-risk students opportunities to earn dual credit and post-secondary credentials prior to graduation at no cost
  • Focus on business models and industry partnerships
  • Success factor of the models – of the students that graduate with an associate degree 73% of the students did so in a college and career readiness models
  • Rider 67 provides funding for the program
    • TWC provided additional $3 million for grants
  • Capstone experiences and priority interviewing status are huge benefits of the P-TECH programs
  • Also have an alignment in the curriculum, to look at industry needs and align education pathway
  • SB 22 has a grant program, incl. Planning Grant for campuses wanting to implement model and a Success Grant for campuses perhaps already implementing portions of the model
  • Provides details on the council that designed the P-TECH blueprint, and highlights the outcome measures
  • L Taylor – Can you give me an example of what we are doing with the blueprint
    • Blueprint is designed to outline the key components of the model, what campuses would need to actually do to set up the model
    • Also highlights the access, attainment, and achievement measures which
  • L Taylor – So provisional would be?
    • These are campuses that are just beginning, have not had a whole cohort got through yet, designated campuses would have cohorts go through and would be able to demonstrate model
  • Regional coaches help campuses with technical assistance
  • L Taylor – Who are these regional coaches?
    • Technical assistance is provided through Educate Texas
  • West – We have grantees currently implementing the program?
    • Yes, some campuses were essentially running large portions of P-TECH program, wanted to provide them the opportunity to designate themselves as such
  • West – Is there a list of these campuses?
    • Yes, in the appendix
  • West – And how is success measured?
    • Measured through outcomes measures, however won’t have these until 2019-20
  • West – I assume the P-TECH Advisory Council has been working with these campuses?
    • Advisory Council was put together to build model and set requirements statewide
    • Some Council members might
  • West – Is Educate Texas here this morning?
    • Educate Texas staff comes forward to testify after
  • Slide 10 provides a geographic view of campuses implementing the model
  • Even if a campus does not receive a grant, still receives technical assistance through Educate Texas
  • Highlights successful campuses: Roscoe ISD has transitioned to P-TECH and is providing certifications, Richardson ISD is focusing on healthcare industry

 

Priscilla Aquino Garza, Educate Texas

  • West – I assume Educate Texas has regional personnel working with Chambers of Commerce to develop these pathways?
    • We have built relationships over time, incl. with Chambers of Commerce, Universities, etc. to address the needs of different regions
    • For example, Dell Partnership was involved in industry cluster decisions in Austin
  • West – There was a launch event in the Dallas area as well; want to ensure we are continuing to develop these relationships
    • We are, working with students and industry
  • West – Are we providing tax incentives or anything for businesses?
    • Not at this time
  • West – If we can get businesses to provide internships, etc., could be good
  • West – From a policy standpoint, would be good to convene the Advisory Council to discuss this issue
  • Lucio – Would like to have data on internships
  • West – I assume successful programs at Roscoe ISD and others are working with industry in the region
    • Heather Justice – Yes, drone and veterinary tech programs work with local industry
  • West – I assume there was an assessment made in the region to determine that these occupations needed workers
    • Correct
  • West – Are these jobs types of jobs that will still exist 20 years from now?
    • Garza, Educate Texas – We helped the district conduct evaluations of the regions
    • Heather Justice – We looked at the opportunities in the region and provided data snapshots on what opportunities could be built in the region

 

Mandate Relief/Innovation: Review, modify, or abolish chapters of the education code. Specifically, study cost-drivers, unnecessary mandates, reduction/elimination of inefficiencies, focus on policies or opportunities targeted to improving student outcomes, and better utilization of taxpayer resources

Priscilla Aquino Garza, Educate Texas

  • Providing background on work Educate Texas was asked to do on Mandate Relief & Innovation
  • Group was formed to respond to Mandate Relief & Innovation interim charge, goal was to have a conversation outside of the session to develop ideas
  • Group included representatives from the Center for Public Policy Priorities, the Texas Public Policy Foundation, TASB, TASA, Teach Plus, Charter organizations, Raise Your Hand Texas, and others; focused on data, school operations, pathways, teacher quality, etc.
  • Recommendations and items receiving a unanimous agreement made it into report
  • L Taylor – Asks after goals and successes of the council
    • Yes, idea was to have discussions while legislative pressure was low
  • L Taylor – And you had consensus?
    • Yes, 20 items were agreed to

 

David Anderson, Raise Your Hand Texas

  • RHYT looked at data collection and reporting, highlighting recommendations discussed by RHYT:
    • Shift data collected on epinephrine injection reporting to HHSC
    • Remove school districts from the definition of government entity and related requirement to provide detailed info on electricity, water, and gas consumption; aggregate utility info is already reported to TEA
    • Repeal or restrict application of Interagency Obesity Council, found that current council is not very beneficial
    • Remove the best practices clearing house page that is not updated or funded
    • Repeal Chapter 44 lightbulbs and light fixtures regulations, adds another layer to school district procurement
    • Remove requirement to send depository contract to TEA; does not remove the requirements for the contract, but only sending to TEA for little purpose
    • Removal of requirement to get contract for Special Education Services approved
  • West – Regarding the best practices, this is where these are kept for districts to look at?
    • Yes, recommendation is to remove it as it is not funded and updated
  • West – So repeal it or fund it, essentially
    • Point is to either do it and fund it, or remove
  • West – If we don’t have a clearing house of best practices, then school districts will not have a single source for these
    • This resource would be removed, but there are other sources
  • L Taylor – We may be pulling the plug right when this becomes very relevant, especially for low income campuses; data could be better now to better direct efforts
    • This is the right time to have the conversation to reinvigorate
  • West – Have you looked at the special education contract approval recommendation in light of the statewide situation with special education?
    • I don’t think it is related much, TEA has implemented requirements very well
  • West – Would ask that you look at this in light of statewide conditions

 

Adeeb Barqawi, ProUnitas

  • Highlights a K-12 recommendation focusing on holistic social, health, and educational support
  • SBOE long-range plan recommends MTSS, which is multi-tiered support for all students; TEA has similar recommendations, incl. for behavioral/mental health support
  • Legislature should support an integrated workflow management system to better allocate existing counselor resources
  • Provides overview of MTSS framework for identifying needs and providing educational and non-educational supports
  • Critical to include workflow process in adoption of models like MTSS; can become labor-intensive without dashboard-like model
  • Workflow management would be part of responsibility of counselor or other support personal, goal is to share data between functions and support all students, also allows detailed data and indicators for entire student body
  • Can be very hard to know which students need services without a system to organize the services
  • Lucio – We have been studying this issue in depth, students still fall through the cracks; need to continue to monitor and track students at risk; would like to see the report and recommendations once finalized
  • Lucio – Ratio of counselors to students needs to be addressed, might need a legislative mandate or incentives to drive this
  • L Taylor – Asks for a written report to be given to the Committee

 

Ellen Williams, Texas Association of School Boards (TASB) and Texas Association of School Administrators (TASA)

  • Gives a history of Education Code revisions, review in 1993-95 looked at resource needs in the classroom and effect of mandates
  • TASB and TASA provide a handbook on cost drivers within the Education Code, including procurement issues like lightbulbs, uneven TRS contributions, etc.
  • Did not look at school finance and accountability
  • Highlights recommendations
    • Repeal unfunded sections requiring testing for steroids and reporting of data to unrelated entities; function more appropriate under UIL
    • Repeal FitnessGram requirements, uncertain which portions are actionable and what parents are supposed to do with this info
    • Move Athletic Safety Training Program to UIL, UIL more suited to develop than Education Commissioner

 

Public Testimony

Emily Sass, Texas Public Policy Foundation

  • K-12 education policy analyst
  • Funding is not infinite and mandates do not always produce desired results, appropriate to re-evaluate education priorities
  • Recommendations incl. consolidating 4 similar grant programs & combine and clarify reporting requirements for educator preparation, current code sections do not align

 

Jose Rodriguez, Teacher

  • Testifying in support of work done by Advisory Council
  • Supports ELL funding recommendations & teacher training for epinephrine pen usage
  • Bettencourt – Asks if there is one take away he would like to share
    • Should focus on letting teachers teach within classroom, relationships between teachers and students is crucial
  • West – Asks for the profile of an at-risk student
    • Most of my students have been undocumented, are in single-parent homes, live in poverty, have little English skills, etc.
  • West – This profile has been around for a long time, hoping that a new public finance system will have bipartisan agreement and will account for these students

 

Aletha Williams, Teacher

  • Testifies to the effectiveness of mentors, can provide support for students, build relationships, etc.

 

Patrick Huff, Retired Principal

  • Rising AYP requirements led to many school failures, led to the waiver period, waiver period then influenced teachers teaching to the test
  • System is manipulated currently to allow TEA to boast about 95% success rate; but school failure is a myth
  • L Taylor – Issues happened in years past & we are trying our best to implement reforms now
    • We have two sets of laws running parallel to each other, school failure is often paid attention to more than the other as it comes with consequences
    • No one will pay attention to Chapter 11 while the Chapter 39 consequences exist; only way to solve this problem is to eliminate it
  • L Taylor – You’re suggesting taking out all accountability?
    • Sure, take it out
  • L Taylor – You remember the Perrot Commission?
    • Yes, but the way our TEKS are arranged now, children are left behind and there is no room for remediation
  • L Taylor – Focusing on self-paced education now
    • The “hammer” needs to go & we need to allow teachers to teach at their own pace
  • L Taylor – Often times it is the district, we have long time failing campuses
    • I would argue that you are using the wrong data to come to this conclusion
  • L Taylor – Do you have recommendations on what data we should be using?
    • You need to remove the consequences of Chapter 39, then you can begin addressing needs
  • L Taylor – What do you do with the dysfunctional campuses? Not trying to defend the system, but you need to have some accountability for schools
    • If you speak to parents and schools, they hate the current testing accountability environment
  • L Taylor – Standards may require things people may not like, but standards are necessary
    • Reformers have been active for many years and problems are not solved, focus is off
  • L Taylor – We have revised this system significantly
    • Would love to contribute when conversations occur
  • Seliger – What do you consider the criteria for a well-performing system and a poor-performing system?
    • Community is the primary judge for the operation of a district, community elects the board and votes out those that do not represent the community’s interest
    • Teachers and judges will be able to tell you how a system is doing; teaching to the test will not allow you to determine which are failing and succeeding
  • Seliger – We have many IR districts where the same board members; what empirical data would you use to determine which districts are doing well and which are not?
    • You can always fall back on percentage of students moving to college, SAT/ACT information, different metrics
  • West – Statewide, we need to have standards to hold schools accountable; part of the fiduciary duty of legislators to taxpayers and state, important to have standards
    • And we have been in this mode of operation since the mid-90s and have not progressed
  • West – Agree that we have been doing the same thing for 35 years, I have asked TEA to study this; but we need to have statewide accountability to know that students are receiving a proper education, important for certain demographics
    • You cannot compare wealthy school district to those in low-income areas
  • West – I agree, but if you know the wealthy students are achieving at a certain level, you need to have metrics to be able to figure out how the low-income students are performing and how to assist them in achieving in the same way
  • West – Part of our responsibility is to ensure appropriated resources are put into the appropriate areas; e.g. discussion of classifying at-risk students according to zip codes & resource allocation based on this
    • Good leaders at the district level can make a tremendous difference
  • West – Can have good leadership without sufficient resources
    • If we can find a way in the accountability to not grade Title 1 school differently
  • L Taylor – We are doing this, these districts get to use growth in the calculation
    • Just keep in mind that you should go by Chapter 11 when you are conducting needs assessments; it is difficult to get to this if you are focused on outcomes
  • L Taylor – Heard from districts implementing innovative programs increasing passage by 30%, but parental approval only went up in small amounts; community is not always positioned to know best course for the district
  • West – These school districts benefited from the ACE program, appropriate resources are being provided to effective leadership
    • As long as you leave decisions on performance on testing outcomes, you will not get the right data
  • West – Our system is not based on testing outcomes entirely
    • Agree with this, but there are manipulations being done at the campus and teacher level that make the data hard to interpret
  • L Taylor – We understand this, standards can help us determine when student’s needs aren’t being met
  • Seliger – We are looking at models where teachers in certain areas will be paid more, if we don’t use outcomes to determine this, what do we use?
    • Teachers will find ways to ensure outcomes meet the standard; merit pay has always been problematic in the school system
  • Bettencourt – What gets measured gets fixed, asks Aletha Williams were she would focus?
    • Williams – Relationship building & supporting students is most important
  • Bettencourt – Looking at programs like ACE to assist retention, pay gap is not everything, but addressing it helps

 

Monte Hunter, Parkhill, Smith & Cooper

  • Discussed better utilization of taxpayer resources
  • Current finance system through the bond process restricts utilization of resources
  • Handout shows recommendations for better utilization of resources
  • Seliger – speaking to EDA and IFA, this assumes that that is funded every biennium, but it is not?
    • There was a discussion to join those, there needs to be something designed for property poor districts that cannot generate revenue

 

Kristi Hassett, Lewisville ISD

  • Provided list of legislative mandates that Lewisville put together before the 85th legislative session
  • 88% of the mandates that have been handed down are not directly affecting classrooms
  • Account for 11% of annual budget
  • Mandates along with capped revenue streams will hurt education in Texas
  • STAR accounts for 11% of the unfunded mandates
  • Highlighted HB 798 with fiscal notes that were handed down to the districts
  • L Taylor – discussed that some of the listed mandates are federal
  • Bettencourt – you have an annual cost for SB 7 of $25,000 per year?
    • That is for reporting
  • Bettencourt – requested additional information on that annual cost and why it would seem to be up to cause that annual cost

 

Steve Swanson, Self

  • There is a need for lawful lawmaking
  • There is a need for legislators to know the laws and measure the agency’s efforts on a given topic before writing new legislation
  • State needs to fulfill all of the current laws

 

Cynthia Ruiz, Texans Advocating for Meaningful Student Assessment

  • Need to reduce required number of tests to graduate from 5 to 3
    • Follows what is required from federal government
    • Math, English, and science
  • Need to remove the high stakes from the STAR test
    • Measures ability for a student to take tests not overall understanding

 

Alice Linahan, Self

  • When everything is based on an invalid accountability system the results can be skewed
  • Noted teachers are leaving the ace program as soon as the 3-year commitment is up
  • Sends her kids to school for a high-quality education not drilling to be able to pass a test
  • Noted in written testimony need for comprehensive data privacy plan to protect students and families
  • L Taylor – noted there is a law that prevents personally identifiable
    • In order to make all of the data interoperable it inherently makes it identifiable
    • The law has no teeth

 

Yen Rabe, Start School Later

  • Described Start School Later and its focus on student sleep deprivation and safety
  • Noted safety risks associated with getting school before daylight
  • Minimum 8:00 am start time would benefit the health and safety of all children
  • Bettencourt – understand the point, is there also a problem with the end of school time?
    • Would just like a standard time that benefits the safety of the children
  • Seliger – is there anything in statute that says that the school cannot start later?
    • Have been attempting to get the time changed
  • Seliger – the solution to the problem sits in front of you in Pasadena
    • Have attempted to make changes at the district level

 

Alex Spencer, Start School Later

  • Reiterated safety concerns associated with early start times
  • Suggested a beginning time no later than 8:00 am
  • L Taylor – believes the scientific basis is there but have issue with the state stepping in when there is not support at the local level

 

Monitor SB 22, and SB 7 as it relates to improper relationships between educators and students and reporting of educator misconduct

Laura Colangelo, Texas Private Schools Association

  • Grateful for efforts made last session to address this issue
  • Private schools have taken steps to further protect students and schools
  • Described specific instances of grooming before SB 7, concern that private schools may not have access to that kind of information after SB 7 as long as it never had a criminal proceeding
  • Recommends amending the statute to include private school administrators receiving the reports
  • Bettencourt – thanked the committee for voting on SB 7, we do need to do something to reduce risk at private schools
    • If we get access to the same information available to public schools

 

Doug Phillips, Texas Education Agency

  • Describe SB 7
  • Main points: added principals to be required to report to superintendents, created administrative penalty for not reporting including a monetary fine, created a criminal penalty for intentionally failing to report, changed evidence standard used
  • It used to be based on allowing the district to determine if there was substantial evidence to report, now despite the findings by the district there will still be a report for an allegation
  • Funding was made available for additional investigators – investigations are being completed faster (120 days to 107 days)
  • L Taylor – believes more instances of teacher misconduct are occurring, may be associated with reporting
  • West – believes that is a part of the social movement in America for more transparency similar to the “Me Too” Movement
  • Bettencourt – believes the agency is doing a good job with this, highlighted a recent news report – have you had any administrative penalties reported yet?
    • As of today, we have settled on the first administrative penalty
    • We close 25% of reports administratively
  • Bettencourt – does the flag get removed?
    • It does
  • Bettencourt – what additional recommendations are needed?
    • Should consider moving forward with creating something like a “no not hire” list
    • Noted potential for adding non-certified list

 

Public Testimony

Emma Tremblay, Peace Ministries

  • It is impossible to fix the problem with legislation alone
  • Need to include parent training to help solve this issue
  • Recommends updating the truancy law to include parent training after 3 unexplained absences
  • L Taylor – who would conduct the training?
    • There are many options from DAEP coordinator to truancy officers
  • L Taylor – what happens if a parent doesn’t do a training?
    • Mandate it or fine them
  • Lucio – have you worked with PTAs to reach parents?
    • Have not, still in the early stages of getting this project going
  • Lucio – you might want to consider going through the PTA and PTO organizations