Education

General

HB 1603 (Huberty/Seliger) will continue the use of the IGC committee and make it permanent. Since 2015, individual graduation committees (IGC) have allowed students who are juniors or seniors and who fail to pass one or two end-of-course examinations required for graduation to receive consideration by an IGC. The bill also adds for TEA investigating campuses a definition of 10% or more of students graduating by IGC to the example of excessive use. The bill was sent to the Governor on 5/26.

SB 179 (Lucio/Huberty) requires that school counselors spend at least 80 percent of their time performing statutorily-defined counseling duties. The bill allows for a broad exemption that any school board can exercise as long as they provide certain information about additional non-counseling duties. The bill was sent to the Governor on 5/26.

SB 741 (Birdwell/Sanford) relating to the carrying or storage of a handgun by a school marshal. Under SB 741, school boards may adopt regulations allowing school marshal to carry handguns and any regulations must provide that a school marshal may carry a concealed handgun unless the primary duty of the school marshal involves regular, direct contact with students. Otherwise the handgun must be kept in a locked and secured safe on the physical premises of the school. SB 741 was sent to the Governor on 5/27.

UIL Activities/Athletic Competitions 

HB 547 (Frank/Paxton) authorizes home-schooled children to participate in University Interscholastic League sponsored athletic and academic activities. The bill is permissive so each school district will determine if it allows such participation.  The bill was sent to the Governor on 5/31.

SB 29 (Perry/Dutton) required public school students who compete in interscholastic athletic competitions to be based on biological sex at or near birth. This bill died by procedural action.

Virtual Education

HB 1468 (Bell/Taylor) would authorize a school district or open-enrollment charter school to establish a local remote learning program and offer virtual courses through the program. This bill died on the calendar.

HB 3643 (King/Taylor) this bill will create the Texas Commission on Virtual Education to develop recommendations for legislative action regarding the delivery of and funding for virtual education. The commission’s recommendations would be shared in a report by December 31, 2022, and the commission would expire January 1, 2023. The bill was sent to the Governor on 6/01.

Assessment/Accountability

SB 1365 (Bettencourt/Huberty) revises and adds provisions relating to public school performance ratings and state interventions for districts with unacceptable performance ratings. The bill was sent to the Governor on 6/01.

HB 3261 (Huberty/Taylor) amends current law relating to the electronic administration of certain required assessment instruments, measures to support Internet connectivity for purposes of those assessment instruments, the adoption and administration of certain optional interim assessment instruments, the review and use of the instructional materials and technology allotment, and requests for production of instructional materials. The bill was sent to the Governor on 6/01.

HB 4545 (Dutton/Taylor) This bill would create the Strong Foundations Grant Program. The commissioner would be required to adopt components that program participants must implement under the program including the use of high­quality instructional materials, curricula, and curricular tools; aligned professional supports; and a measure of the fidelity of implementation of the program. The bill would remove grade promotion requirements tied to grades 5 and 8 State of Texas Assessments of Academic Readiness (STAAR) and would establish accelerated learning committees and instruction for students who do not perform satisfactorily on grades three, five, and eight reading and math and end­of­course STAAR. The bill was sent to the Governor on 6/01.

Finance/Stimulus

HB 1525 (Huberty/Taylor) This bill was known as the HB 3 cleanup bill and was sent to the Governor on 6/01. The bill did address some of the HB 3 concerns from last session and also became a Christmas tree attracting several others bills, after conferees agreed the bill will now:

• Require quarterly updates from the Commissioner to legislature on COVID 19 response
• Create the Gifted and Talented Allotment
• Expands allowable expenditures in compensatory education allotment to include programs that build skills related to managing emotions, establishing and managing relationships, and making responsible decisions
• Alter the weighted formula and criteria under Fast Growth Allotment – based on number of students added over six years over 250 and cap the allotment
• Adds additional requirements for SHAC
• Provides protection of student data
• Makes various CTE/CCMR adjustments amend by adding subsections allowing for a PTO/PTA to fund supplemental staff positions
• Clarifies allowable for school safety allotment including providing license counselors, social workers and individuals trained in restorative justice
• Reimbursement available from Winter Storm Uri
• The bill will also amend Subchapter F, Chapter 48, Education Code by adding sections 48.281 authorizing TEA commissioner to make adjustments to a districts’ entitlements to ensure compliance with federal maintenance of effort (MOE) and maintenance of equity (MOQ) under the Coronavirus Response and Relief Supplemental Appropriations Act 2021.
• Establish the Texas Commission on Special Education Funding

SB 1245 (Perry/Murr) amends Chapter 403, Subchapter M of the Government Code, regarding the Comptroller’s study of school district property values, to require the Comptroller to conduct an annual farm and ranch survey for estimating the productivity value of qualified open-spaced land as part of the study. The bill would take effect September 1, 2021.

HB 3445 (Huberty) the bill would have addressed how much a district has in fund balance and what they would do with excess amounts. This bill was left pending in committee but was discussed on as a floor amendment to another education bill. Huberty ultimately pulled down the amendment but noted his concern with certain growing fund balances.

Civics

HB 3979 (Toth/Creighton) requires TEKS on Civics to include understanding of multiple texts (9 separate categories and multiple sub-categories)​. Teachers shall not be compelled to discuss a current event/public policy/social affairs. If they take up the subject they shall strive to not give “deference” to any one perspective. The bill was sent to the Governor on 6/01.

HB 4509 (Bonnen/Taylor) Relating to instruction in informed patriotism in public schools.​ Educators shall cultivate in students an informed American patriotism and lead in a close study of the founding documents to increase knowledge K-12. TEKS on Foundation Curriculum similar to Civics but differences such as incl excerpt from Alexis de Tocqueville​. The bill was sent to the Governor on 6/01.

SB 797 (Hughes/Oliverson) requires a public elementary or secondary school or a public institution of higher education to display in a conspicuous place in each building of the school or institution a durable poster or framed copy of the U.S. national motto, “In God We Trust,” if the poster or framed copy met certain requirements and was donated for display or purchased from private donations and made available to the school or institution. The bill was sent to the Governor on 5/27.

SB 4 (Buckingham/Burrows), the Star-Spangled Banner Act. Requires Pro Sports teams that have contracts with governmental entities to play the national anthem before games. The bill was sent to the Governor on 5/25.

Higher Education 

SB 1102 (Creighton/Parker) establishes the Texas Reskilling and Upskilling through Education (TRUE) program for the purpose of strengthening the Texas workforce and building a stronger economy. The bill was sent to the Governor on 6/01.

SB 1230 (Taylor/Pacheco) establishes the Texas Commission on Community College Finance. The focus of the commission shall be to study state appropriations (formula funding for instruction, healthcare employee group insurance proportionality, etc.) for public community and junior colleges and to make recommendations for consideration by the 88th Texas Legislature for establishing a state funding formula and funding levels sufficient for sustaining viable community college education and training offerings throughout the state. The bill was signed by the Governor on 5/26 and will be effective 9/01/21.

SB 1295 (Creighton/Morrison) creates an outcomes-based funding model focused on student success for providing funding to each institution of higher education that is designated as a doctoral, comprehensive, or master’s university based on the number of degrees awarded to at-risk students by each institution in the three preceding state fiscal years. The bill was signed by the Governor on 5/30 and will be effective 9/01/21.