Ysleta Teachers Association

Bills to repeal 22-1, other standards get hearing.

The Senate Committee on Education on Tuesday heard two bills (SB3 by Sen. Florence Shapiro and SB443 by Sen. Dan Patrick) that would lift the 22-1 class size limit for K-4 and repeal other educational quality standards, including some due process rights for teachers.

After several hours of testimony, the committee left both bills pending.

TSTA, represented by Government Relations Specialist John Grey, and other teacher groups testified against both bills. So did the Texas Elementary Principals and Supervisors Association. Other witnesses against both bills included TSTA members Ed Ramos of San Antonio and Meredith Reid of Austin.

Both measures are supported by school superintendents, who contend they need more budget flexibility and relief from so-called “unfunded mandates” in the face of anticipated deep cuts in state education funding.

SB3 would allow districts to furlough teachers for up to seven non-instructional days and would change the notification requirements for non-contract renewals from the current deadline – 45 days before the last day of instruction – to the last day of instruction. It also would remove all contractual rights for retired educators who choose to return to the classroom. And, it would remove the salary floor for teachers and exclude retirees who are rehired from coverage under the salary schedule.

Full analysis below.

SB443 would replace the 22-1 class size cap with a 21-1 district-wide class size average with a new limit of 24 students per classroom. Patrick said the new, 24-1 limit would be a “hard” cap because districts could no longer seek waivers from the limit, as they can now from 22-1. But that language wasn’t clear in his bill.

SB443 also would allow a campus or district that is rated as recognized or exemplary to be exempt from all requirements and prohibitions imposed under the Education Code, including rules adopted under the Education Code. The bill also would allow the state education commissioner to exempt a campus that is rated recognized or exemplary from the elementary class size limits. Sens. Wendy Davis and Royce West objected to expanding the exemptions to recognized campuses and districts, which would include approximately 70 percent of all districts and campuses in the state. TSTA fears that, despite the 21-1 class size average in the bill, districts across the state would soon crowd 24 students into most elementary classes. Sen. Shapiro said that she believed a student to teacher ratio of 35-1 could work well at the elementary level.

Initial budget plans filed in both the House and the Senate would cut state funding for public education by more than $9 billion for the next two-year budget period. Those budget plans would bridge a state revenue shortfall as large as $27 billion without raising any new state revenue or spending any of the state’s Rainy Day Fund. It has been estimated that those proposals could result in the loss of as many as 100,000 school district jobs, resulting in overcrowded classrooms and closures of some neighborhood schools.

TSTA is urging the Legislature to spend all $9.4 billion in the Rainy Day Fund and raise new revenue to minimize cuts to education and other critical public services. TSTA also sent an Action Alert to members Tuesday, urging them to call their state representatives and demand that lawmakers raise sufficient revenue for the public schools.

Sens. Shapiro, R-Plano, and Patrick, R-Houston, made it clear that, instead of adequately funding public education, they were ready to give school districts more flexibility over educational standards and blame local school officials if, as TSTA fears, educational quality is diminished.

“If these decisions result in teachers being fired, courses being canceled, this will be done at the local level, not at the state level,” Shapiro said.

Patrick said he wanted parents, school administrators and teachers “to make decisions and take them out of the hands of the Legislature, as much as possible.”

The Senate Education Committee also heard the following bills:

• Senate Bill 35 by Sen. Zaffirini which requires that by the age of 14, public school students enrolled in special education programs must be provided transition and employment services. A committee substitute was offered that would eliminate the fiscal note on the bill. TSTA supports this bill.

• Senate Bill 764 by Sen. Williams, providing that the board of trustees of an independent school district may not impose taxes, issue bonds, use or authorize the use of school district employees, use or authorize the use of school district property, money, or other resources, or acquire property for the design, construction, renovation, or operation of a hotel. The bill also states that the board of trustees of an independent school district may not enter into a lease, contract, or other agreement that: (1)  obligates the board to engage in an activity prohibited above; or (2)  obligates the use of district employees or resources in a manner prohibited above. The bill was passed out of committee and sent to the Local & Consent Calendar.

• Senate Bill 778 by Sen. Williams, providing that the campus-level planning and decision-making committees should include, if practicable, at least one representative with the primary responsibility for educating students with disabilities. TSTA supports this bill.

• Senate Bill 872 by Sen. Shapiro, to create the Center for Financial Accountability and Productivity in Public Education as an independent policy center. The center would be required to represent business, finance, public policy, education, and other interests considered appropriate by the center in examining the cost-effectiveness of the public school system. TSTA opposes this bill.

All the bills, except SB764, were left pending before the committee.

The House Public Education Committee also met on Tuesday to discuss bills related to UIL procedures and safety protocols and special education issues.  The committee also approved HB734 by Diane Patrick (R – Arlington) relating to the jurisdiction of constitutional county courts over truancy cases and the appointment of magistrates to hear truancy cases in certain counties.

The committee heard the following bills:

• HB 675 by Eddie Lucio III (D -San Benito), relating to football helmet safety requirements in public schools.

• HB 677 by Lucio, relating to cognitive-linguistic assessments of participants in extracurricular athletic activities sponsored or sanctioned by the University Interscholastic League. This bill requires students needing a physical examination before participating in UIL activities to also be required to have a cognitive linguistic assessment.

• HB 1189 by Bill Callegari (R – Houston), dealing with a school district’s ability to contract with vendors.

• HB 1286 by Donna Howard (D – Austin), relating to adoption of rules by the University Interscholastic League.

• HB 370 by Scott Hochberg (D – Houston, relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another.

• HB 861 by Diane Patrick (R – Arlington), requiring that at least one member of the Continuing Advisory Committee be a director of special education for a district.

• HB 357 by Eddie Rodriguez (D – Austin), relating to transition and employment services for public school students enrolled in special education programs.  This bill requires that by the age of 14, public school students enrolled in special education programs must be provided transition and employment services.  TSTA went on record in support of this bill.

• HB 1130 by Dan Huberty (D – Houston), relating to information provided by the Texas Education Agency to school districts regarding placement of students receiving special education services.  This bill repeals Sec. 42.151, Special Education, of the Texas Education Code.

This committee left all the bills heard today pending and will meet again next Tuesday.

TSTA today also sent out an Action Alert, urging members to call their state representatives, who soon will be voting on a budget plan that could cost as many as 100,000 school district employees their jobs. TSTA is urging members to tell their lawmakers to find adequate revenue for public education.

Also, click on the following link for the latest commentary on the session on TSTA’s “Grading Texas” blog.

Senate Bill 3 (same as Senate Bill 468) by Sen. Shapiro

• Section 1: States that a district does not have to employ a person under a Chapter 21 contract if the person is receiving a retirement annuity. This basically strips retire/rehires of any contractual and due process rights they currently hold.

• Section 2: Declares that any contract held by an employee becomes void if the employee does not hold a valid certificate/permit issued by SBEC, does not renew tae certificate/permit, or fails to comply with any requirement under Chapter 22 (School District Employees and Volunteers) that results in suspension or revocation of the employee’s certificate. Allows the district to terminate, suspend without pay, or retain the employee as an at-will employee as long as the position does not require a contract – if the district has knowledge that an employee’s contract is void.

• Section 3: For probationary contracts, changes the notice of termination from 45 days before the last day of instruction to the last day of instruction.

• Section 4: For term contract employees, changes the notice of non-renewal from 45 days before the last day of instruction to the last day of instruction.

• Section 5: Allows school districts to furlough teachers for up to seven days, not including instructional days. Also allows districts to reduce an educator’s salary in proportion to the number of days by which service is reduced. This section expires 8/1/13.

• Section 6: Deletes mention of Subsection (d) (salary floor) and states that the minimum salary schedule does not apply to retire/rehires.

• Section 7: Eliminates the student to teacher ratio for accelerated instruction (10:1).

• Section 8: Prohibits the Commissioner from limiting the number of courses that a student may take on the virtual school network.

• Section 9: Requires physical fitness tests for high school students only when they are enrolled in PE.

• Section 10: Prohibits the Commissioner from evaluating a district or charter under the financial accountability system during the 2011-2012 or 2012-2013 school year. This section expires 8/1/13.

• Section 11: Prohibits the Commissioner from evaluating a district under the financial solvency system during the 2011-2012 or 2012-2013 school year. This section expires 8/1/13.

• Section 12: States that if the tax rate calculated by a district decreases after the publication of the required notice, the district does not have to hold another hearing or publish another notice to discuss and adopt the lower tax rate.

• Sections 13, 14, 15, 16, 17 and 18: Removes pest control mandates.

• Section 19: Conforming amendment in tax code due to change in Section 12.

• Section 20: Prohibits an electing company from increasing rates for private network services before 1/1/14.

• Sections 21, 22, and 23: Conforming amendments for Section 20.

• Section 24: Repeals the salary floor put in place last session and the pest control mandates section.

• Section 25: States that if the Act takes effect on or before April 10, 2011, the two 45 days provisions mentioned in Sections 3 & 4 apply to contracts for the 2011-2012 school year.