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The 81st legislative session was a hard one to categorize. Though a couple of major education bills passed, it was not a session in which education issues were the focus. With a new, more hands-off House speaker and several state leaders looking ahead to running for re-election or higher office, the politics over the last few months have just been...different. One columnist referred to it as the "Seinfeld Session," the session about nothing.

Much of the session was dominated by the highly-politicized voter ID proposal and the resulting parliamentary maneuvers that strained relationships and eventually killed hundreds of bills. The Legislature failed to reauthorize some major state agencies, including the Department of Transportation and the Department of Insurance, which has raised concerns about the possibility of a special session. So far, Gov. Rick Perry has remained noncommittal, simply noting that he and legislative leaders are looking at all available options.

While many of the Legislature’s education-related accomplishments are positive, they’re only moderately positive. The accountability bill, arguably the most important education reform on the table this session, ended up somewhat reducing testing pressure on some students but offering disappointingly little change for schools and educators in the prominence that high-stakes testing holds in the accountability system.

Districts are receiving nearly $2 billion in new money through the state formulas, but given the billions thought to be available in state and federal dollars earlier in the session, and the amount needed to repair the existing problems in the school finance system, the increase is less than we had hoped. Even the teacher pay raise is modest – but it is important for recipients to remember that Texas educators are among the few people in the current economy who can count on an increased salary – and it is a positive trend that legislators have raised salaries in 2006 (special session), 2007 and 2009.

Our summer magazine will include a comprehensive list of the education-related bills that passed, but for now we’ll touch on the major issues that were on the table this session, and TCTA’s accomplishments.

Update June 23: UNLESS OTHERWISE NOTED, BILLS BELOW were signed by Gov. Rick Perry and have become law.

 

Finance/Salaries

At the beginning of the session, legislative leaders set aside $1.9 billion in the budget to increase state funding for school districts. Shortly after the session began, federal stimulus funding entered the picture, and it looked like Texas schools could be entitled to several billion dollars more in combined state/federal funding. However, as the budget process progressed, it became clear that legislators intended to use the federal funds to supplant the state funding originally set aside for education. In the end, the same $1.9 billion funding increase remained in the budget, paid for through federal funds. Districts will also receive around $2 billion in federal funding that does not go through the state appropriations process but will flow to districts through the Title I and special education formulas.

Given this guaranteed increase in education funding, TCTA worked to ensure that a significant portion of new state dollars would be used to increase teacher salaries. The provision that was eventually negotiated between the House and Senate was lower than originally hoped for but does ensure that every teacher, counselor, nurse, librarian and speech pathologist will receive a pay raise of at least $800. Because the raise is based upon funding per weighted average daily attendance, educators in a district with a high student-to-staff ratio will be entitled to a higher raise, particularly if the district has a relatively large percentage of high-need students. The average raise statewide is estimated to be roughly $1,000. The required increase is on top of the amount the employee would be entitled to under the district's 2008-09 salary schedule, if it were carried forward to 2009-10.

The school finance bill includes language providing that the teacher pay raise is contingent on a determination by the education commissioner that the raise is an allowable use of federal funds under the stimulus law.  The commissioner has the sole authority to set the state minimum salary schedule based on this determination.

The state performance pay program targeted to high-performing, high-need campuses  (TEEG – Texas Educator Excellence Grant) was eliminated, leaving only the DATE (District Awards for Teacher Excellence) program that applies to all districts. TEEG funding was rolled into DATE, which was not otherwise significantly expanded; one change in the program language for DATE eliminates the provision that would allow the use of grant money to pay stipends for teachers with an advanced degree. TCTA had worked to reduce the focus on performance pay based on student test scores by reducing the required percentage of DATE funding that must be used for such a purpose from 60 percent to 30 percent, but the final version of the bill retained the 60 percent performance pay mandate.

The state will also provide money for textbook funding, which was in doubt at the beginning of the session. The fund normally used for textbooks was not available this session because of the current economy, but legislators directed $800 million in federal funds toward this purpose.

For our paraprofessional members

Several of you have understandably inquired about the status of a raise for teacher aides and paraprofessionals. Last session, TCTA was able to find a sponsor for legislation we initiated that would have required that instructional aides be paid at least half of the salary of teachers with comparable experience.  However, the bill sponsor was defeated in the primary elections in the last election cycle, did not return to the Legislature this session, and similar legislation was not filed.

We have met with incredible resistance from most legislators to the idea of establishing a minimum salary schedule for paraprofessionals.  Many legislators would like to repeal the existing minimum salary schedule that applies to teachers, counselors, nurses and librarians and leave the determination of appropriate salary levels to local districts.  In fact, when the teacher salary increase was under discussion on the Senate floor, and an amendment was proposed to make the raise an across-the-board one, rather than a lump sum to districts to be used on salaries, the author of the legislation clearly indicated that the state is not the employer of teachers, local districts are, and they should determine who gets what.

The prevalence of this sentiment has made it inordinately difficult to get legislation moving that would raise paraprofessional salaries, despite the clear evidence that aides are ridiculously underpaid.  TCTA’s leadership has consistently valued and supported our paraprofessional membership, and it is a top legislative priority for us to continue our efforts to raise compensation to appropriate levels.  Further, when we have been confronted with propositions in past sessions to do things like restore the state’s health insurance supplement to its previous level for teachers but eliminate it for paraprofessionals, we have declined without hesitation.

In the meantime, however, until the Legislature convenes again in regular session in 2011, this is an issue that can best be addressed at the local level.  All school districts are receiving additional state funding, and many (as noted earlier) will also be receiving significant infusions of federal dollars.  Your local administrators and school board members should be made aware that a portion of these funds should be used to increase salaries for paraprofessionals.  Many school board members may not be aware of the training required for teacher aides to be certified, for example, or how little salaries have increased despite growing responsibilities and many years of service. 

TCTA can help you identify how much your district is receiving in additional funds, once that information becomes available, and we encourage you to ask your school administration and board to act when the budget for the upcoming school year is approved.  This can be accomplished either individually or through your local CTA, and we are available to assist at the state level with providing information to bolster your argument.

Finally, one of two things is likely to have to happen to make the issue of paraprofessionals an issue for legislators and districts; either a shortage of available personnel (which helped raise bus driver salaries a few years ago) or a grassroots effort to make candidates for local school boards and the Legislature aware that this issue needs to be a priority.  We will redouble our efforts at the state level to bring this issue to the attention of candidates and incumbent legislators, and encourage you to do likewise at the local level.

 

Accountability

Lawmakers passed House Bill 3, which makes several significant changes to our accountability system. A brief overview is provided by the bill’s sponsors, Rep. Rob Eissler and Sen. Florence Shapiro, and TCTA has prepared a more in-depth analysis of HB 3.

13th check

Retirees may receive a one-time bonus this year, though the amount will be considerably less than the 13th check received in early 2008. Legislators authorized a check of up to $500 for employees who retired as of Dec. 31, 2008, but payment is contingent on a determination by the attorney general that the $500 does not violate the state constitution's prohibition against bonuses. If allowed, the check will be paid by January 2010.

Charter schools

There were several efforts to expand Texas’s current charter school system by removing the caps on the number of charter schools (the current cap is 215) or allowing approval of a limited number of new charters each year, but despite an intense lobbying effort by charter proponents, none survived the process.

Pre-kindergarten grants

HB 130 by Rep. Diane Patrick/Sen. Judith Zaffirini creates a grant program under which pre-kindergarten programs can expand to full-day programs. Grant recipients must use a portion of grant funds to collaborate with community providers, if available, conform to class-size ratios (11:1 student-to-teacher/aide ratio), and use an approved curriculum. The program does not expand eligibility for pre-kindergarten. VETOED June 19 by Perry.

403(b) protections

HB 3480 by Rep. Vicki Truitt/Sen. Leticia Van de Putte provides enhanced enforcement of laws protecting school employees against unethical practices by companies offering 403(b) products.

TRS Board composition

HB 2656 by Rep. Doug Miller will change the composition of the TRS Director's council to comprise a majority of employee representatives. The current board includes four employee representatives (one retiree, one higher education representative, and two active employees) and five non-member financial experts. The bill will replace one of the financial expert positions with an additional retiree. Efforts to directly elect the employee representatives, rather than the current system in which the governor appoints the representatives from among the top three vote-getters in an election, were not successful. VETOED June 19 by Perry.

Top 10 percent college admissions

The University of Texas at Austin was provided relief from the top 10 percent admissions law that has restricted the school’s flexibility (over 80 percent of UT freshmen were admitted under the top 10 percent rule). UT Austin can now limit automatic admissions to 75 percent of the freshman class.

Electronic textbooks

HB 4294 by Rep. Dan Branch will allow districts to use textbook funding to purchase electronic educational materials and equipment. In a change from current law, the commissioner of education would approve the list of electronic textbooks and educational materials, rather than the State Board of Education (though the SBOE will have an opportunity to comment on the approved list).

TCTA victories

TCTA was once again the most successful teacher organization in pushing our priorities through the legislative process. Although several good proposals did not survive, we were able to get five new laws in place to help teachers (subject to approval by Gov. Perry),  improved several other bills via amendments, and helped defeat numerous harmful bills.

SB 2033 by Sen. Jane Nelson/Rep. Rob Eissler prohibits districts from having a grading policy that would require a teacher to assign a minimum grade that does not reflect the actual quality of the student’s work. After a discussion with Nelson on the subject, Education Commissioner Robert Scott informally polled TCTA members at the February annual convention and was surprised at the number of participants who indicated they could be required to assign a minimum grade under local policies. TCTA subsequently provided draft bill language and collaborated with Nelson on the bill. 

HB 1364 by Rep. Rob Eissler/Sen. Kip Averitt ensures that TRS-ActiveCare will provide coverage for pre-existing conditions. This will provide maximum portability between private sector/local district coverage and the state health insurance program.

HB 1365 by Eissler/Shapiro requires districts to promptly forward the service record of a former employee to the employee’s new district so that the employee can be properly placed on the local salary schedule. TCTA had become aware of several instances where districts were holding the service record hostage; in one case the district attempted to force an employee to sign a waiver to allow release of legally confidential documents before forwarding the service record.

HB 2512 by Rep. Jimmie Don Aycock/Sen. Wendy Davis provides that employees are allowed to make an audio recording of a meeting in which a grievance is being discussed. This will ensure that an employee will have an accurate record of such meetings that could prove invaluable as the grievance procedure continues.

SB 522 by Averitt/Eissler requires districts to allow an employee to determine the order in which state and local personal leave are used. Employees have various reasons to prefer using state or local days when taking leave, and some districts have policies that require that a particular type of leave be exhausted before the other type can be used.

Other accomplishments

TCTA was instrumental in ensuring that the salary increase in the school finance bill will be an across-the-board pay raise for all eligible employees, not an increase left up to local discretion, as was included in the Senate version of the bill. We worked closely with the Texas Speech-Language-Hearing Association to include speech pathologists in the raise. TCTA helped eliminate the TEEG performance pay program, and worked on a provision that will require districts to notify employees in advance of eligibility requirements for incentive pay stipends.

Several TCTA-recommended provisions were included in the accountability bill:

  • 10-student class-size limit will apply to all accelerated instruction classes, not just grades 3, 5, 8.
  • Exit-level test retake results will count for accreditation purposes.
  • A requirement that 75 percent of teachers at a repurposed campus may not be retained was eliminated.
  • For-profit alternative management entities will be allowed only if no non-profit applies.
  • The commissioner may suspend accountability ratings for the 2011-12 school year; and for college readiness indicators, shall suspend ratings for the 2012-13 school year, in order to provide a smoother transition to the new system.
  • The “teacher report card” will be provided to the teacher at the beginning of the school year for incoming students, to ensure that it can appropriately be used for diagnostic purposes.

TCTA suggestions regarding surveying graduates of educator preparation programs and using the results of those surveys to evaluate the programs were included in a bill containing comprehensive accountability provisions for educator preparation programs.

Through TCTA’s efforts, a bill originally requiring discipline training for all teachers and administrators was amended to apply only to administrators, so that teachers will not be subjected to unnecessary or redundant training. Administrators can ensure that those teachers who are actually in need of such training will receive it.

TCTA was instrumental in changing legislation to make it easier to enforce employees’ legal rights, by limiting requirements that administrative remedies must be exhausted in certain situations.

We opposed several proposals that ultimately did not pass, including:

  • Expansion of charter schools
  • A bill that would have allowed certain districts to ignore a state-directed salary increase
  • Various provisions that would have limited teacher rights and protections
  • Inclusion of active and retired teachers in a pilot program that could have affected the quality and cost of health care
  • Relaxing of 22:1 class size requirements

TCTA appreciates our members who stayed informed on legislative activities and contacted their legislators when needed. Be sure to check the next issue of The Classroom Teacher magazine for summaries of more education-related bills that passed this session, information on the new accountability system, and our traditional "Legislative Stars" write-up.

Posted: 06/08/09

Updated: 06/23/09