Gov. Rick Perry sent a strongly worded letter Thursday to school district administrators and he pulled no punches on what he thinks of the Doggett amendment. Still, the letter gives no indication on whether Texas school districts will see any of the $830 million the federal government has set aside if the state can meet certain stipulations.

Perry does say in the letter that he'll apply for the money but that it's "unlikely" Texas will qualify. If the state's application is rejected, Perry says, he'll ask the Obama administration to hold the $830 million aside until the state Legislature convenes in January. Then, he said, lawmakers can consider action while building the 2012-13 budget that would make the required assurances to access the federal money.

Finally, Perry says he'll ask Congress to repeal the Doggett amendment or pass new legislation allowing Texas to get its share of the money.

U.S. Rep. Lloyd Doggett has defended his amendment as a victory for public schools. His intention is to make sure the money goes directly to school districts and isn't used to help balance the state budget.

Jenny LaCoste-Caputo
Director, Communications and Media Relations 

Texas Education Commissioner Robert Scott has released the Texas Education Agency's proposed 10 percent cuts in the public education budget for the 2012-13 biennium. The cuts, totaling $261 million, were requested by Gov. Rick Perry.

The cuts are likely to be a drop in the bucket, considering when the Legislature convenes in January lawmakers will be facing an estimated $18 billion shortfall.

The cuts include many programs vital to schools' success:

• $35 million for science labs – especially important as schools have been implementing the state-required four years of math and science for high school students.
• $3.5 million for Communities in Schools, a successful dropout prevention program.
• $12.9 for teacher mentoring programs.
• $11 million for physical education programs for middle schools with large numbers of low-income students, the same population that has been hit the hardest with the growing childhood obesity problem.
• $48 million for English, Spanish and science textbooks that were to be purchased over the biennium to replace, in some cases, books that are a decade old.

View the reduction proposal and the administrator's statement

Jenny LaCoste-Caputo
Director, Communications and Media Relations

Gov. Perry announced today that he’ll provide an incentive for school districts that pool resources and save money by cutting administrative costs and divert money to classrooms, according to the governor's office. Districts would receive a grant from the state equaling 10 percent of their total savings from the first year.

"With the current economic situation, it is important for school districts to look for ways to work more efficiently and maximize their funding," Texas Education Commissioner Robert Scott said in a news release on Gov. Perry's web site.

No word in the release on where the incentive money would come from or whether the grants could be retroactive considering school districts have already passed budgets for the 2010-11 school year and many included significant cuts. Budgets are so lean that roughly 50 percent of districts adopted deficit budgets this year, according to Texas Association of School Board Officials. [Read More]

On the same day that officials from Gov. Rick Perry’s office and the Texas Education Agency were scheduled to meet with representatives from the U.S. Department of Education to hash out how Texas can receive the $830 million available through the federal jobs bill, Lt. Gov. David Dewhurst and Speaker of the House Joe Straus sent their own strongly-worded letter on the matter.

The letter, sent today to U.S. Secretary of Education Arne Duncan, outlined concerns with the Department’s guidelines for state funding under H.R. 1586 and asked for flexibility for Texas.

Texas is the only state to be singled out in the bill with additional stipulations, because of an amendment introduced by U.S. Rep. Lloyd Doggett, D-Austin. It requires that Perry assure the feds that the percentage of state dollars earmarked for schools would not drop for the next three years. It also requires that in Texas the money must flow through Title I funds.

In the letter, Straus and Dewhurst say "Texas is being asked to make this assurance before the state’s available revenue has even determined."

The letter also points out that requiring the money to flow through Title I means less money for 66 percent of Texas districts and that 31 districts won’t receive any money at all.

Doggett has said his amendment is necessary to ensure that state lawmakers don't use federal money to plug a funding deficit, like they did in 2009 when they used $3.3 billion in federal stimulus money to balance the education budget – including paying for a state-mandated pay raise for teachers.

While money is expected to flow soon to states around the country, cash-strapped Texas districts will have to wait and see how the politics play out.

Jenny LaCoste-Caputo
TASA Director of Communications and Media Relations

Representatives with Gov. Rick Perry’s office and the Texas Education Agency are scheduled to meet with officials from the U.S. Department of Education on Friday to discuss an agreement that would allow Texas school districts to access the nearly $830 million in federal funds available through H.R. 1586, the jobs bill passed earlier this month.

According to the Quorum Report, state officials have confirmed they’re scheduled to meet with federal officials to figure out how Texas can meet the terms of the bill without violating the state’s Constitution.

The deadline for governors to apply for the money – which could save an estimated 14,500 jobs in Texas – is Sept. 9.

Texas is the only state to be singled out in the bill with additional stipulations, because of an amendment introduced by U.S. Rep. Lloyd Doggett, D-Austin. It requires that Perry assure the feds that the percentage of state dollars earmarked for schools would not drop for the next three years. It also requires that in Texas the money must flow through Title I funds.

If a governor fails to apply for the money, the bill allows for an “alternative distribution of funds” at the department’s discretion. But again, the special stipulation for Texas requires that the governor give an assurance that money will be used to supplement and not supplant state formula funding and that the state doesn’t cut education funding for the next three years, according to the Department of Education.

Jenny LaCoste-Caputo
TASA Director of Communications and Media Relations

U.S. Secretary of Education Arne Duncan said governors around the country will be receiving applications today to apply for $10 billion in education funding provided by the jobs bill passed by Congress this week.

In Texas, that could mean $830 million in additional federal funding that Duncan estimates could save at least 14,500 teaching jobs.

The deadline for governors to apply for the money is Sept. 9, but department officials say they're ready to get money out “as soon as possible” and hope states will begin submitting applications long before the deadline.

"We're going to do everything we can to expedite this, to remove the bureaucratic barriers and to make sure you get the help you need," Duncan said on a conference call Thursday with leaders from state school administrator organizations from across the country, as well as school district leaders. "We also need governors to act with a real sense of urgency. We’ve put together a streamlined application for them and a streamlined application approval process."

Duncan said the department is prepared to get money to local districts as soon as two weeks after receiving a completed application.

But there are still unanswered questions about what will happen in Texas. The bill allows Duncan to hand out money through an "alternate distribution of funds" in every state except Texas, should a governor fail to fill out an application.

But the so-called Doggett amendment, included in the bill by U.S. Rep. Lloyd Doggett, D-Austin, requires that Gov. Rick Perry assure the feds that the percentage of state dollars earmarked for schools would not drop for the next three years.

Perry has called the stipulation "appalling" and claims it violates the state's Constitution.

But Doggett said it's a necessary requirement to ensure that state lawmakers don't use federal money to plug a funding deficit, like they did in 2009 when they used $3.3 billion in federal stimulus money to balance the education budget – including paying for a state-mandated pay raise for teachers.

"There is no Constitutional limitation on doing right by our Texas schoolchildren," Doggett said in a press release last week. "The obligation that this amendment places on Texas is to spend new education dollars on education purposes. Our schoolchildren deserve no less."

According to language in the bill, the money would be distributed either through a state's primary funding formula for elementary and secondary education or through Title I formulas. However, the amendment stipulates that in Texas the money must flow through Title I. It also says: "No distribution shall be made to the state of Texas or local education agencies therein unless the Governor of Texas makes an assurance to the Secretary that the requirements in paragraphs 11A and 11B will be met, notwithstanding the lack of an application from the Governor of Texas."

Those paragraphs refer to the money being used to supplement and not supplant state formula funding and a requirement that the state can’t cut education funding for the next three years.

During the conference call, Duncan told a caller from Texas that the state could decide how to distribute the money and that the department was looking forward to working closely with Gov. Perry to make sure the money made it to local districts.

TASA executive director Johnny Veselka has asked the U.S. DOE for clarification on the special provision relating to Texas to confirm that it must come through Title I formulas and also asked if the alternative distribution option is available to Texas.

Duncan did clarify Thursday that school districts can save the money for anticipated deficits for next school year though it must be spent by Sept. 30, 2012.

Duncan emphasized that the department is flexible on how it can be used, including salaries for teachers, nurses, counselors and classified employees and for things like after-school programs. However, the money may only be used to support compensation and benefits and other expenses for school-level personnel. It can’t be used for district-level staff. The state can retain 2 percent of the funds for administrative costs.

Duncan is hopeful Texas and every other state will benefit from the bill.

"I've visited hundreds and hundreds of districts all across the country in the last 18 months and I’ve seen firsthand the very tough, brutal cuts you’ve had to make in order to balance your budget," Duncan said Thursday.  "This jobs bill is a huge, huge step in the right direction and supports the hard work that you all are doing."

Jenny LaCoste-Caputo
TASA Director of Communications and Media Relations

Today, the U.S. Senate voted 61 to 38 in favor of the motion to limit debate on the Murray-Harkin Amendment to HR 1586 for the Education Jobs Fund, which could save 140,000 education jobs nationwide.  The senate is expected to take a final vote tomorrow on the amendment and pass the measure.  The U.S. House will convene Tuesday for a final vote.  We will provide updates as additional information becomes available.

At 1:00 p.m. on Friday, July 30 TEA will post the 2010 Accountability ratings.  Commissioner Scott will hold a press conference as soon as the ratings are posted.

The Senate Education Committee, chaired by Florence Shapiro (Plano) recently convened to hear invited testimony on Interim Charge Number Three that relates to teacher compensation, evaluations, professional development, certification and training programs.

Testimony acknowledged that despite the importance of having "effective" teachers in the classroom, there was no agreed upon definition of an effective teacher, nor were there agreed upon characteristics of what constitutes an effective teacher. It was recommended that a specific definition of "effective" not be prescribed legislatively, but the legislature could help by establishing a new policy framework to help recruit and retain teachers that have proven success in student achievement.

While testimony stressed the importance of implementing valid teacher evaluation systems, it was noted by many that the current PDAS system of evaluating teachers in Texas classrooms was ineffective and was not implemented in a meaningful or consistent manner, thus the system was not helpful in identifying ineffective teachers or in providing pertinent information to those evaluated. In addition, it was acknowledged that the current salary structure for Texas teachers rewards stronger and weaker teachers equally.

Comprehensive teacher induction programs were noted as essential to retaining good teachers, as was ensuring that the teacher was a good "match" with the school and the particular teaching assignment. It was also suggested that the state consider strengthening the rigor of preservice programs.

At today's SBOE meeting the board reversed their decision to adopt an asset allocation plan that did not include provisions to use the PSF to purchase facilities for charters. With a 7-6 vote, the Board voted to approve another allocation plan that will provide opportunity for charter school facility funding with the PSF.  Language was added that specified that the charter school option would be dependent on a favorable AG opinion of the constitutionality of the plan, or express legislative authority.

SBOE members Mavis Knight (Dallas), Bob Craig (Lubbock), Geraldine Miller (Dallas), and Pat Hardy (Weatherford) stood firm in their objection to the plan.

Rick Agosto (San Antonio) and Mary Helen Berlanga (Corpus Christie) were notably absent during today's vote.

TASA has developed a PowerPoint presentation for use with our new Grassroots 2011 initiative.  This concise presentation includes much of the information in the grassroots documents and can be customized to facilitate local discussions.  You and your administrative team will find the presentation helpful in your efforts to engage parents, educators, business and community leaders, teachers, and locally elected officials on issues that impact your local schools.

Access the PowerPoint.

After a lengthy discussion, and advice from their financial counsel the SBOE voted 14-0 against adopting an asset allocation plan that would have opened the door for PSF funds to be used to purchase facilities that would then be leased to charter schools. Chairman Gail Lowe indicated that she would pursue seeking an AG opinion to determine if it was within the Board's authority under the Texas Constitution to consider implementing a similar plan in the future.

SBOE members concluded a lengthy discussion today of the pros and cons of using PSF funds for charter school facilities. The board heard from charter school representatives, SBOE financial counsel, and others. Board members such as Bob Craig (Lubbock),  Pat Hardy (Weatherford), and Rick Agosto (San Antonio) posed pointed questions about the soundness of the proposal.  Both financial counsel representatives recommended that the Attorney General's office be contacted. As Board Chair, Gail Lowe (Lampasas), has the discretion to determine if an AG opinion should be requested.

Although today's (Wednesday) item was discussion only, the discussion may continue with the full Board during Thursday's board item on the Strategic Asset Allocation Plan for the PSF, or on Friday. We will keep TASA members informed on any pertinent outcomes of the SBOE meeting.

An article in today's Austin American Statesman entitled "Board of Ed Looks at Investing in Charter School Facilities" which explains in more detail how the plan to use Permanent School Funds to purchase facilities for charter schools evolved.

Thank you for contacting your representative to share your opinion before the meeting. It does make a difference.

You can send an email to your individual SBOE representative, and/or address your email to Chairman Lowe and the full board.  TEA staff will forward your message to the appropriate member(s).

IMMEDIATE ACTION NEEDED

The Texas Constitution prevents charter schools from participating in the Permanent School Fund (PSF) School Bond Program. However, David Bradley, Chair of the State Board of Education Committee on School Finance/PSF has found a way to use the PSF for charter schools. Bradley's proposed plan involves using PSF real estate portfolio funds to purchase facilities that would then be "leased" to charter schools. In past discussions he has proposed that a pilot program be established using $100 million of PSF funds to purchase real estate specifically for the purpose of leasing the purchases back to charter schools. Commissioner Scott has offered support of the proposal.

The SBOE Committee on School Finance/PSF will discuss this plan on Wednesday, July 21, agenda item number 6. While the Wednesday item is discussion only, meaning that the committee can't vote to submit a proposal to the full board, item number 7 on Thursday is an action/vote item in which the board reviews and adopts the long-term strategic asset plan of the PSF. The full SBOE will be presented with three proposed long-term plans. Two of the plans will include charter school facility funding, thus when the School Finance Committee comes up with a plan for facility funding for charters, the overall PSF plan would allow it.

Please contact your SBOE representative immediately to let them know your opinion on the use of PSF funds for charter school facilities.

The Wednesday meeting is scheduled to begin at 12:00 p.m., and the Thursday meeting at 9:00 a.m. View the SBOE schedule, or to find out which SBOE member represents you.

Lt. Governor David Dewhurst today announced changes to Senate Committee assignments for the 81st Legislature, including eight committee chairmanships, in order to allow the members to prepare for the upcoming 82nd Legislative Session.

"Texas is facing a number of complicated challenges, from creating jobs and balancing the budget, to securing our border, improving public education, building new highways and ensuring a clean environment," said Lt. Governor Dewhurst.

The following changes were made in committee chairs:

• Administration - Sen. Kevin Eltife (Tyler)
• Business & Commerce - Sen. John Carona (Dallas)
• Economic Development - Sen. Mike Jackson (La Porte)
• Jurisprudence - Sen. Chris Harris (Arlington)
• Natural Resources - Sen. Troy Fraser (Horseshoe Bay)
• Nominations - Sen. Bob Deuell (Greenville)
• Transportation & Homeland Security - Sen. Tommy Williams (The Woodlands)
• Select Committee on Veterans Health - Sen. Jeff Wentworth (San Antonio)

Sen. Kel Seliger is replacing Sen. Kip Averitt, who did not seek reelection, on the Senate Education Committee.

List of full committee assignments.

TEA posted a letter to administrators dated July 1, 2010 that addresses changes made through the enactment of HB 3 to the accelerated instruction required for students in grades 5 and 8 who do not meet the passing standard on the math and/or reading TAKS.  Before these students can advance to the next grade level, HB 3 requires that accelerated instruction be provided after each of the three test opportunities, and requires that a unanimous decision to promote be made by members of the grade placement committee (GPC).

The third reading and math TAKS poses a particular logistic challenge as it is administered late in the summer. Convening members of the GPC, and providing the GPC-prescribed accelerated instruction to the student between the time that the district receives the student test scores, and the beginning of the next school year is not practical. 

The TEA correspondence informs districts that they may apply for a TEA waiver to adjust  timelines that would allow  student(s) in grades 5 and 8 who don't meet the passing standard after the third test administration to be promoted, and the prescribed instruction to be provided during the first six weeks of the 2010–11 school year under certain conditions.

Districts must apply for the waiver by September 20, 2010.  View the TEA correspondence that includes specific information about the waiver application.

Last night, Education Commissioner Robert Scott sent a letter to school administrators noting future changes to the accountability system, and outlining changes to the use of the Texas Projection Measure (TPM) for 2010, 2011, and beyond.

Changes to Assessments
The letter also includes future changes in assessments due to the passage of HB 3 in 2009 and SB 1031 in 2007.  These changes include 12 end-of-course exams and replacing TAKS with STARR in grades 3-8, among other changes.

Changes to TPM
TPM will be used for the 2010 ratings but “enhancements” will be included that clearly show where TPM was used to elevate a district’s or a campus’s rating.  Also, each campus and district accountability table will continue to show measure by measure which campuses and districts earned ratings by meeting the absolute standards, and specifically where additional features were used to elevate a rating.

For 2011, the commissioner is considering several changes to the use of TPM, which include:

• Suspension of the use of TPM for accountability ratings.
• Continued use of TPM in state accountability, but only for districts that elect to use it.
• Modifications to the calculation of TPM and/or its use to include additional safeguards, such as:
• applying performance floors,
• counting each student who fails but is projected to pass as a fraction of a passer,
• prohibiting TPM to be used for the same measure in a subsequent year,
• limiting the number of measures for which TPM can be used in a given year, and
• limiting which rating categories can use it.
  

The letter from TEA is attached for your review.

Below are recent articles on the TPM.

• Projecting Success of Failing Students Often Wrong – July 9, 2010
• Commentary:  Hochberg Unmasks TEA's Controversial Rule – July 8, 2010

Yesterday, Comptroller Susan Combs announced that June sales tax collections were $1.61 billion, which represents a 2.2 increase over the same period last year

"Total sales tax collections have now slightly exceeded year-ago levels for a third consecutive month," Combs said.  "Net collections in the oil and gas and manufacturing sectors expanded, but collections from the all-important retail sector were down from the year-ago level. While overall economic activity is no longer contracting, a resumption of solid growth in sales tax collections is not yet in evidence."

Yesterday, the Senate Finance Committee heard testimony about franchise tax collections. John Heleman, chief revenue estimator for Comptroller Combs, told the committee that franchise tax revenues have not come in as had been anticipated.

The Senate Education Committee will meet at 9 a.m. on Tuesday, July 20, in room E1.028, in the Capitol Extension to hear invited and public testimony on Senate Interim Charge 3. The interim charge relates to reviewing teacher compensation, evaluations, professional development, and certification and training programs.

Review Agenda

Monitor Hearing

 

Today, Attorney General Greg Abbott issued an opinion on the salaries districts must pay in the 2010-2011 school year.   Earlier this year, Commissioner Scott requested an AG opinion asking whether or not districts will be required to provide a pay increase during the second year of the biennium per language contained in HB 3646.  The opinion states that the 2008-2009 salary schedule determines whether a particular educator should receive an increase.  “If the 2008-2009 salary schedule provides an increase in 2010-2011 school year for a particular educator, the plain language of subsection (c-2) entitles him or her to that salary increase, even if the salary schedule did not provide such an increase for the educator in the 2009-2010 school year.”  This ruling is contrary to the legislative intent, which did not require an increase in the second year of the biennium beginning September 1, 2009.

Review the full opinion.

The appropriations subcommittee on education will meet Tuesday (June 29) to hear invited and public testimony on interim charge 7, and proposed TEA budget reductions.  Interim charge 7: examine TEA's programs and services, including the Student Success Initiative, and evaluate their impact on achieving the stated agency and statewide goals.  The hearing will begin at 9:30 a.m. in room E1.030 of the capitol extension.

Listen to a live broadcast of the hearing.

The Senate Committee on Education met on June 16, 2010 to discuss Interim Charge 6 related to special education programs for Texas students.  Committee Chair Florence Shapiro acknowledged the budget shortfall as she stated that committee members should be focused on identifying barriers, other than cost factors, that could be crossed in order to ensure appropriate services are provided.  Senator Wendy Davis added to this idea by explaining that she was interested in examining how education funds and health care funds could be integrated into a more efficient model.

Interim Charge 6: Study the effectiveness of Texas School districts™ special education programs. Review the range of needs of special education students, districts™ ability to provide an appropriate education for these students, and assess the effectiveness of programs currently funded for special education. Make recommendations for improvement.

TEA legal counsel, David Anderson made four points for the committee as they consider new models of special education delivery: (1) hybrid models are options, e.g., a charter school and School for the Deaf collaboration; (2) small charter schools focused on serving students with disabilities have been found problematic due to the high costs of providing services, so consider the size of the entity offering services; (3) all students must have access to all of the curriculum, therefore models focused solely on interventions should be viewed with caution, and; (4) all students must be assessed per federal requirements so any new model would need to incorporate assessment and accountability components.

In addition, two rapidly growing student populations were noted. The first was Limited English Proficient (LEP) students who are also eligible for special education services, and the second group is students with some degree of autism (an increase of over 400% in the past ten years).  The committee also heard testimony from other state agencies, national organizations, local school district personnel, and parents.

The Senate Education Committee will meet Wednesday to hear invited and public testimony on interim charge no. 6:  Study the effectiveness of Texas school districts' special education programs. Review the range of needs of special education students, districts' ability to provide an appropriate education for these students, and assess the effectiveness of programs currently funded for special education. Make recommendations for improvement.

The hearing will begin at 10 a.m. in room E1.028 in the capitol extension.  Listen to a live broadcast of the hearing.

In response to a request by Representative Scott Hochberg of Houston, TEA Commissioner Robert Scott said in a letter last week that districts and charters can obtain a waiver from the requirement that they purchase a "classroom set" of textbooks adopted by the State Board of Education.  However, according to Commissioner Scott, "a district or campus  required to have a student achievement plan cannot receive a waiver of textbook requirements under TEC 7.056(f)(4)."

Commissioner Scott noted that the term "classroom sets" has caused some confusion among school officials.  He clarified that "university open-source textbooks" are not "classroom sets" because they were not adopted by the SBOE.  A "classroom set" is defined as the "total count of SBOE-adopted textbooks on the conforming or nonconforming list necessary to provide one copy of each student during the class period to allow maximum flexibility to districts."

TEA is making preparations to expand the Electronic Course Program, better known as the (eCP), to allow additional districts and open-enrollment charter schools to apply to participate. Those selected to participate will be given the opportunity to provide online learning options to students in Grades 3-10 who are not required to be physically present on campus during instruction.

The application will be available soon at http://ritter.tea.state.tx.us/taa/ or http://www.tea.state.tx.us/technology/ecp/.

On Monday, the Senate Education and Senate Higher Education committees held a joint hearing to discuss interim charge no. 7:  Review dual credit courses including the cost of delivery, funding mechanisms, and the possibility of a statewide dual credit system. The review should also include an examination of the rigor, quality and consistency of dual credit courses.

Commissioner of Higher Education Raymund Paredes told the committee that more students than ever are enrolling in dual credit courses and the majority of the growth has been with minority students.   Paredes noted that there was room for improvement especially with regards to differences in support services across the state that can yield different results.  The quality and rigor of courses varies across the state depending on the agreements between school districts and higher education institutions.

TEA general counsel David Anderson provided an overview of state funding for dual credit courses.  He stated that the legislature is likely to grapple with two questions next session:

1. How should the state flow funding for dual credit?, and
2. When and whether students should be required to pay for tuition and books?

Anderson told the committee that who bears the costs of these programs varies across the state and is determined by local agreements.  He testified that the current funding system, which provides funding for school districts and higher education institutions, has worked well as an incentive for both entities without costing the state a significant amount of money.

Lubbock ISD superintendent Karen Garza testified that dual credit courses are beneficial to students, families, and the state, and recognized that some work with regards to rigor is needed.  Lubbock ISD is looking to expand dual credit, AP and IB courses to ensure maximum student participation.  Garza testified that barriers limiting participation should be eliminated but noted that it is important to remember that the barriers differ across the state.  She stated that a one-size-fits all funding approach to eliminate barriers could be detrimental.  Garza stressed that denying ADA funding would serve as a disincentive for districts to offer dual credit courses.

Longview ISD superintendent James Wilcox testified that for the 2009-10 school year, enrollment in the districts dual credit courses was 518 up from 1 during the 2006-07 school year.  His district would like to expand the dual credit program.  He noted that dual credit courses provide rigor and relevance and save students and parents money.  In addition, all workforce education courses offered in Longview ISD, except for vocational agriculture, lead to certification from the local community college or Texas State Technical College.  Wilcox noted that he lacks enough qualified high school teachers to teach dual credit courses.  He commended the committee for funding dual credit last session and reminded the committee that dual credit is an investment and not just another expenditure.

Brownwood ISD superintendent Reece Blinco testified that dual credit programs save students and parents money and encourages first generation students to continue their education.  Brownwood ISD provides transportation for students, pays the cost of textbooks, and pays related personnel costs to oversee the program.  He testified that the number of courses the district offers has increased this year and will again next year.  Blinco stressed the importance and success of dual credit and noted that the state could not afford to discontinue or underfund these programs.  He also urged the committee to reconsider the requirement that dual credit students take the required related end-of-course exams.

There were many outcomes pertinent to Texas school districts resulting from last week's four-day State Board of Education (SBOE) meeting.

Rule Amended to Provide Transition Time for CTE and IPC Students
The SBOE recently adopted new graduation requirements that no longer permit CTE work-based courses to substitute for P.E. graduation credit, leaving students nearing the completion stage of satisfying previously established graduation program requirements in a scheduling predicament.  As a result, a parent petitioned the SBOE to amend rule to allow students in this particular situation (juniors in the current school year 2010-11) to complete their graduation programs as planned.

The SBOE granted the petition by amending rule to provide for a transition time for students to successfully complete CTE work-based courses as a substitution for P.E. graduation credit as long as they do so prior to the 2011-12 school year. In addition, the SBOE amended rule to provide transition time for students who previously took Integrated Physics and Chemistry (IPC) for graduation credit. Both amendments take effect at the beginning of the 2010-11 school year and are included below.

Transition for physical education graduation and science requirements.

     (1) Science and physical education graduation requirements successfully completed prior to the 2010-11 school year shall count toward graduation in the manner established at the time the credit was earned.

     (2) Physical education graduation requirements successfully completed through a two or three-credit career and technical education work-based training course prior to the 2011-12 school year shall count toward graduation.

The Commissioner's List of Electronic Textbooks and Instructional Materials
TEA staff shared a status update on the Commissioner's List of Electronic Textbooks and Instructional Materials established as a result of HB 4294 passed by the 81st Texas Legislature. The information below was shared with the SBOE as a courtesy prior to being posted for districts on the TEA ordering system in the near future.

1) Commissioner's List of Technological Equipment with equipment selected from: Apple, Dell, Hewlett-Packard, Promethean, and SMART Technologies. Examples of technological equipment include: interactive whiteboards, laptops, projectors, laptop carts, cordless batteries, and servers.

2) Commissioner's List of Electronic Textbook and Instructional Materials that includes numbers of submissions made for English Language Arts and Reading courses in Proclamation 2010 and 2011, without listing names of the entity submitting materials for review. This initial list includes three sets of teacher resource materials for English Language Proficiency Standards from Pearson and McGraw Hill-Glencoe.  As the review of submitted materials continues, TEA will add to the list before finalizing and posting for district review on the TEA ordering system.

Proclamation 2012: Science Instructional Materials
Proclamation 2012 that calls for instructional materials for grades K-12 Science, Spanish Science, and Engineering was put on hold indefinitely in light of the anticipated  $18 billion state budget shortfall. The SBOE directed TEA staff to prepare options for their consideration that would provide for online supplementary materials that address the gap between the content of currently adopted science instructional materials and the new or expanded student expectations in the recently revised science TEKS.

TEA staff followed up the request with the preparation of, State Board of Education:  Request for Supplemental High School Science Materials, that has a fast track timeline that would allow districts to begin ordering supplemental materials at the end of May 2011 for classroom use in the 2011-12 school year.

The materials are requested in electronic format to save time and money; and to ensure that materials are available to prepare students for the content of the upcoming Biology, Chemistry, IPC, and Physics end-of-course exams.

Social Studies TEKS Revisions Adopted
Commissioner Scott urged the Board to move forward towards adoption of the curriculum standards, indicating that a delay would impact implementation of college readiness standards and creation of end-of-course exams based on new standards.

The SBOE voted to adopt the revised social studies TEKS after hearing from hundreds of stakeholders during the last public hearing, enduring contentious debate while considering 213 amendments, and being scrutinized locally and nationally throughout the revision process. The revised TEKS will be effective with the 2010-11 school year, but not implemented with students until the 2011-12 school year after teacher training in the content of the revised TEKS.

The next SBOE meeting is scheduled for July 21-23, 2010.

A detailed opinion relating to a school district's authority to set property tax rates was issued today by
Texas Attorney General Greg Abbott.

Read the opinion.

The Texas Association of Business (TAB) has released a report on the Texas workforce.  In the report, TAB asserts that far too many Texas students are unprepared to enter a globally competitive workforce.  In addition, the report states that Texans are educated at lower levels than their peers nationally and globally. The report calls for a comprehensive campaign and reform that includes:

• Creating a college-going culture in Texas and inspire young learners to forge a path toward postsecondary education;
• Ensuring all levels of education embrace and adopt readiness standards;
• Making developmental education a statewide priority; and
• Aligning postsecondary education finance mechanisms to make college attainment within reach for more young Texans.

View the full report.

Yesterday, Goveror Rick Perry, Lt. Governor David Dewhurst, and Speaker Joe Straus directed the Legislative Budget Board to notify state agencies to immediately implement budget cuts requested by leadership in January.   Today’s budget cuts total $1.25 billion, which is less than the $1.7 billon in cuts agencies originally submitted.   TEA had originally submitted budget cuts totaling $135,548,256 million but final cuts to the agency only totaled $126,341,745 million.  Items removed for cuts from TEA’s original proposal include funding for Windham ISD ($6,405,845), middle school health ($1 million), Humanities Texas ($750,000), and steroid testing ($750,000).

On Friday the SBOE meets at 9:00 a.m. for final discussion and consideration of this week’s agenda items. They will hear reports from each of the separate committees, including the Committee on School Finance/Permanent School Fund (PSF) that met previously on April 30th. It is anticipated that the committee will bring up their discussion on the possible use of the PSF for charter school facility funding. Although it was a discussion item only at the April meeting, it is expected that the SBOE will continue to seek options for charter facility funding at future meetings. A live broadcast of Thursday’s meeting will be available from the TEA website.

The day begins with the Committee on School Initiatives meeting in Room 1-111 at 8:15 a.m. to take action on proposed amendments to the certification of educators from other countries and to repeal the individual principal assessment formerly required for Texas principals but removed from statute in House Bill 200, 81st Texas Legislature.

The Committee of the Whole begins their meeting at 9:00 a.m. in Room 1-104 with Commissioner’s Comments regarding the agenda, followed by a vote on the proposed revisions of the social studies TEKS (second reading and final adoption).

Upon conclusion of the Committee of the Whole, the Committee on Instruction convenes to finalize incorporation of the new CTE courses for math and science into graduation credit rule; adopt other technical edits to curriculum rule; and hear an update on the Technology Applications TEKS revision process from TEA staff.  A live broadcast of Thursday’s meeting will be available from the TEA website.

Beginning at 9:00 a.m. on Wednesday, May 18 the State Board of Education is scheduled to hear public testimony regarding the proposed revisions to the Social Studies Texas Essential Knowledge and Skills (TEKS). Those who have not previously addressed the Board on this topic have priority, and will be scheduled for testimony earlier in the day. TEA has received over 20,000 written comments since the proposed TEKS revisions were posted on the Texas Register for public comment in April. At this time the SBOE chair has not set a time to conclude the public hearing that can be accessed when the meeting begins.

The State Board of Education (SBOE) begins their May meeting today at 1 p.m. The first item of interest concerns a petition that has been filed requesting that districts, in accordance with local policy, allow a student who will be a high school senior in 2010-11 (next school year) to satisfy the recently amended P.E. graduation requirements by taking a 2-3 hour CTE work-based training course. If the SBOE agrees to the petitioner’s request, an estimated 2,000 Texas students (high school juniors this year) who were unduly affected when the SBOE removed work-based CTE courses as P.E. substitute options would be “grandfathered” from the new requirements. A joint letter from TASA and the Career and Technology Association of Texas was given to SBOE Chair Gail Lowe, offering full support for the petitioner’s request.

Also today, the board is scheduled to make decisions about the content of Proclamation 2012 in light of constraints caused by budget shortfalls. Currently Proclamation 2012 includes a call for instructional materials for Science Grades K-12; Spanish Science; and Engineering.

In addition, the SBOE will have the opportunity to discuss the Commissioner’s List of Electronic Textbooks and Instructional Materials. This is a new list under the Commissioner’s purview, established as a result of HB 4294 passed by the 81st Texas Legislature. The list is being shared with the SBOE as a courtesy prior to being posted for districts on the EMAT ordering system.

A live broadcast of the SBOE meeting may be accessed from the TEA website, beginning at 1 p.m. today.

Representative Carl Isett of Lubbock, who did not seek re-election, announced his resignation from the Texas House of Representatives effective May 31st. He is resigning to give John Frullo, the March Primary winner in his district, a possible advantage over other new members in the Texas Legislature.

Governor Perry has not indicated if and when he will call a special election to fill the vacancy.

"If Governor Perry calls a special election, and John Frullo can prevail, he will have the seniority of a second term representative. And if he can dive into the Appropriations process in my stead, he will have a much larger role in the next legislative session," said Isett.

"It has been a great privilege and blessing to serve my fellow West Texans in Austin," said Isett. "I will always appreciate the citizens who not only honored me with their vote, but also partnered with me to accomplish great things for Texas."

In response to a request submitted by Chairman Rob Eissler on behalf of Representative Leo Berman of Tyler, Texas Attorney General Greg Abbott has issued an opinion prohibiting the use of school district resources, including personnel, to process an employee’s request for payroll deductions that are intended for a political action committee. General Abbott was asked to determine the legality of a school district processing payroll deductions to benefit the TSTA-PAC and NEA-Fund, two political action committees that provide campaign contributions to candidates.

Representative Berman had raised concerns that school districts did not have actual or implied authority to process the payroll deductions because the Education Code does not specifically allow deductions for political action committees. The Education Code does allow deductions for "membership fees or dues to a professional organization." After an extensive legal analysis, General Abbott concluded that TSTA-PAC and NEA-Fund were not "professional organizations" as used in the Education Code and that contributions to the political action committees are not "membership fees or dues."

"Because the Legislature has not expressly or impliedly authorized school districts to process payroll deductions for contributions to political action committees such as TSTA-PAC and NEA-Fund, Texas law prohibits school districts from processing such contributions," General Abbott said. "The Legislature’s decision not to authorize school districts to process payroll deductions or contributions to political committees would likely withstand a constitutional challenge."

"This practice, which promotes a school employee's constitutional right to political participation, has been going on for 20 years without any problem," TSTA's Public Affairs Director Richard Kouri said. "We can only conclude that Attorney General Abbott is playing politics in an election year by impeding teachers' First Amendment rights. But why?"

TEA has released a manual on school finance that is intended to provide readers with a general overview of the Foundation School Program (FSP) funding received by Texas public schools.  The manual does not cover all of the sources of funding received by districts, such as state and federal grants.  Access the document.

According to survey results from the American Association of School Administrators Projection of National Education Job Cuts for the 2010-11 School Year study, 275,000 education jobs could be eliminated nationally.

The results are based on responses from 1,479 school administrators in 49 states received last month. 

According to AASA, the 275,000 jobs represent 92 percent of the 300,000 jobs the Obama Administration estimated the American Recovery and Reinvestment Act (ARRA) saved.  The loss of jobs will have a negative impact on the economy.

"Every 100,000 education jobs lost will be roughly 30,000 jobs lost in other sectors due to the lost spending by schools and those laid off," Dr. Lawrence Mishel of the Economic Policy Institute told AASA.

"This survey complements the results of our latest economic impact survey to truly illustrate that schools have yet to feel the economic relief and stability that is appearing in other sectors," said AASA Executive Director Dan Domenech.  "Faced with continued budgetary constraints, school leaders across the nation are forced to consider an unprecedented level of layoffs that would negatively impact economic recovery and deal a devastating blow to public education. With both houses of Congress already considering a second round of stimulus funding targeted to education jobs, the results of this survey make a startling case to bolster support for additional federal funding."

On Thursday, the select committee met in Austin to hear invited testimony from several panels.

The first two panels focused on cost drivers and efficiencies.  A representative from the Legislative Budget Board (LBB) gave the committee an overview of the School Performance Review process.  Some committee members were surprised to learn that the recommendations provided to districts by LBB are not mandatory.

A school law attorney provided input on sections of Chapter 21 of the Education Code that she believed could be repealed or amended to provide more clarity and likely reduce litigation, which would save districts money.  She also encouraged the committee to consider repealing Chapter 21 with regards to retire/rehire employees.

The committee spent a substantial amount of time talking about the implications of 22 to 1 and whether flexibility would provide districts with financial relief since additional resources are not on the horizon.  Superintendents who were on the committee noted that 22 to 1 was valuable and any changes need to be limited or the overall number of students in a class capped so there would be no chance of 30 students in one classroom.

Amarillo ISD superintendent Rod Schroder outlined the major cost drivers in his district, noting that salary increases were the number one driver.  Other major drivers included inflation and college readiness standards.  Schroder also noted that the implementation of end-of-course exams would require additional resources to provide services such as tutoring and smaller class sizes for struggling students.

Representatives from the four teacher groups served on a panel.  Each representative noted the importance of maintaining 22 to 1.  They also spoke of the need to focus on providing the necessary resources for public schools to meet the needs of the growing and diverse student population.   One representative spoke of the need for strong mentoring programs to keep new teachers from leaving the profession.

There was some discussion among committee members about how to get districts back on the formula system, but no consensus was reached.  TEA staff told the committee that 2/3 of school districts are operating under target revenue with only 1/3 operating under the formula system.

Bullard ISD superintendent Keith Bryant provided the committee with an overview and history of the mid-size adjustment and Bill Grusendorf with TARS provided the committee with information on the small school weight and transportation issues.   Dan Roberts, the executive director of transportation at Round Rock ISD, provided the committee with information on how districts are working together on transportation issues to maximize efficiency and stressed the need for an increase in the transportation allotment.

The committee also heard from professor Lori Taylor from Texas A&M on the Cost of Education Index.   Taylor noted that the index had not been updated since 1990 and thus no longer accurately reflects the Texas of today.

Rona Statman with the Arc of Texas spoke about the importance of special education funding.

Daivd Hinojosa, litigation counsel for MALDEF testified that the bilingual education allotment should be increased to at least .20 and that there needed to be more oversight over how districts were spending the funds to ensure that it is being spent as intended by the legislature.

TEA staff provided the committee with an overview of the weights and their role in how funding is calculated for districts.

Other issues discussed throughout the day included the possibility of requiring compensatory audits in Tier 2, the need for more counselors and librarians, reducing the number of UIL “games” in order to reduce transportation costs, limits on stadium spending, reporting to TEA how funds for gifted and talented are used, class size flexibility, among other things.

The committee is scheduled to meet again on May 19th in San Antonio.  A time and place has yet to be determined.

On Friday, TRS Board Chairman R. David Kelly announced that Ronnie Jung notified the board that he will resign his position as executive director effective July 1, 2011.  He will continue working as the agency’s executive director through one more legislative session.  Jung will work with the board and the new executive director to ensure a smooth transition of leadership for the system.  A new executive director has not been named.

The Senate Committee on Education held a two-day hearing this week regarding the Interim Charge to review state policies and practices that keep middle school students on target for high school success. In addition to TEA staff, the invited panel members providing testimony included representatives of entities focused on college readiness, at-risk prevention, and principal and teacher practitioners. Testimony was broad in scope touching on 8th grade academic achievement as a key predictor of college readiness, the affects of school facilities on academic outcomes for both the student and the teacher, and the need for professional learning communities for middle school teachers and administrators. There was consensus throughout the testimony that keeping middle school students engaged in school required quality educators who can build relationships and capture the interest of their students.

Today, the House Ways & Means Committee will meet to review some of the state's major tax exemptions and the impact they have on state and local budgets.  The committee will examine the local school district Residence Homestead Exemption, Chapter 313 Exemptions (Economic Development), Chapter 311 Exemptions (Tax Increment Financing Act), among other things.

The committee will also consider Pollution Control Property exemptions.  What property is exempt and how it impacts school district budgets and other local governmental entities have been two key issues in papers in the Houston area for some time. 

Valero Energy Corporation has an appeal pending before the Texas Commission on Environmental Quality for certain pollution control devices that, if granted, would cripple the budgets of many school districts and counties located around Houston.  At issue is whether Valero's hydrotreaters, which remove sulfer from fuel, are eligible for the exemption since they don't lower emissions "on-site" but produce cleaner fuel for cars.

Valero is seeking a tax exemption on 70 percent of the appraised value of its refinery in Houston.   There is no corresponding state revenue to make up the lost revenue to school districts and counties if the exemption is granted.  There is no deadline for the commission to rule on the issue, which means it could be weeks or months before a final decision is made.

A broad ruling by the TCEQ would result in additional exemptions being granted to businesses other than refineries and petrochemical plants.   Other industries across the state are very interested in TCEQ's final ruling and will follow Valero's lead in asking for an exemption if the final ruling is in Valero's favor.

TASA staff is working with various districts and other organizations on this issue and David Thompson will be testifying for TASA at tomorrow's hearing.

The hearing begins at 10 a.m.  Llisten to a live broadcast of the hearing.

The committee will meet today and tomorrow beginning at 9 a.m. to discuss Senate Interim Charge 2:  Review the state's education policy and initiatives regarding middle grades. Make recommendations to ensure a comprehensive state strategy for preparing students at the middle grades for high school retention and success. This review should include an examination of school-based strategies and best practices that encourage at-risk youth to finish school and that deter delinquency, drug abuse and violence.

Listen to a live broadcast of the hearing.

The joint committee will meet beginning at 9 a.m. on Thursday.  Several panels are expected to address the committee on issues related to efficiencies, Chapter 21 contract issues, class size limits, and weights.  A detailed agenda has not yet been released.  We will provide additional information as it becomes available. 

Listen to live a broadcast of the hearing.

The Texas Education Agency is asking for your assistance in collecting information about school district facilities in response to queries from the Texas Senate Committee on Education about school district facilities. The survey is voluntary but will help the agency provide the committee with information about school district excess capacity. The survey is available here. There are a maximum of 15 responses for questions related to estimated square footage and student capacity in vacant buildings and for campuses with excess capacity. Please respond by Friday, May 14. If you have any questions or comments, please contact Belinda Dyer (512) 475-3451.

The committee will meet to consider the following interim charges:

Charge 2 - Study the role of public schools in promoting student health, providing health related information, and responding to infectious diseases, including the H1N1 virus.

Charge 3 - Study the best leadership and management practices of campus administrators for improving student achievement, with particular focus on effective leadership models for improving low-performing campuses.  Make recommendations on how to implement successful strategies at scale.  Review the current administrator certification process and make suggestions for improvements.

Charge 4 - Review policies to ensure the availability of quality science, technology, engineering, and mathematics (STEM) curriculum to all students in primary and secondary education. Examine strategies to increase the supply and improve retention rates of teachers in STEM fields.

Listen to a live broadcast of the hearing.

The U.S. Department of Education has awarded only 2 states the first of two rounds of the Race to the Top grants.  Tennessee will receive approximately $500 million and Delaware will receive about $100 million.   "We set a very high bar for the first phase," Duncan said. "With $3.4 billion still available, we're providing plenty of opportunity for all other states to develop plans and aggressively pursue reform."

View the full press release.

At the March State Board of Education meeting the Board heard public testimony about the unintended consequences the recent changes in P.E. graduation requirements would have on an estimated 2,000 Texas students. It was explained that the revised P.E. graduation requirements that begin in the 2010-11 school year, no longer permit students to substitute CTE work-based training courses for P.E. graduation credit. This change will affect students who had planned to take a block of CTE work-based training to satisfy their P.E. graduation credits in their senior year of 2010-11, but are no longer able to do so. SBOE chair Gail Lowe declined to open up the graduation chapter of rule, and directed TEA staff to determine if there were any other options available to help these students.

Today a listserv was issued from the TEA curriculum division that describes four options available to this particular group of students including:

1. TX Virtual School Network online classes
   
2. Credit by Examination
   
3. Dual credit courses
   
4. Correspondence or other distance learning opportunities at district discretion.

The TEA listserv in its entirety, and contact information for questions is enclosed below.

TO:  Physical Education and Career and Technical Education Teachers

SUBJECT:  Physical Education (PE) Options for Career and Technical Education (CTE) 2010-2011 Senior Students

As a result of State Board of Education (SBOE) changes to the high school graduation programs to align with legislation passed by the 81stTexas Legislature, two-or three credit work-based career and technical education (CTE) courses may no longer satisfy the high school physical education (PE) requirement.  The 2010-2011 seniors who had planned to take two-or-three credit work-based CTE courses that would also satisfy the PE graduation requirement may need to be provided with additional options for satisfying the PE credits requirement. Per Texas Administrative Code (TAC) 74.3, school districts may offer various arrangements and settings for students to complete the requirements of a course. You may review the exact language of the administrative rule at this site.

The following options are available to assist these students in meeting the PE graduation credit requirement:

1. Texas Virtual School Network (TXvSN)--Grades 9-12 on-line PE courses (summer school opportunities are currently available). ContactTXvSN at: ; by email (txvsncentral@txvsn.org); or by phone at 1-866-93TxVSN (1-866-938-9876)
2. Credit by Examination - The University of Texas Continuing and Extended Education; or Texas Tech University College of Outreach and Distance Education.
3. Dual credit courses with colleges and universities
4. Correspondence courses or other distance learning opportunities at the discretion of the local district - Texas Tech University or The University of Texas.

School districts retain the authority to provide other options that meet the needs of their students.  Award of credit is based on demonstrated proficiency in all the Texas Essential Knowledge and Skills (TEKS) for a PE course or successful completion of an approved PE substitution.  For further information regarding PE, please contact Phyllis Simpson, Director of Health and Physical Education, at (512) 463-9581.

TEA has posted proposed commissioner's rules for the Financial Integrity Rating System. Statutory authority of the rule amendments are from HB 3, 81st Texas Legislature. Changes include the addition of open-enrollment charter schools to the School FIRST financial accountability rating system, and other updates to the rating system with using data from fiscal year 2008–09.

The public comment period on the proposed rules begins on March 26 and ends on April 26, 2010. Comments may be sent to TEA by going to this website and scrolling down to "Proposed Amendments to 19 TAC Chapter 109..." and clicking on the icon to the right of the box.