Governance Reforms Finally Accomplished

A long-term TBEC policy goal was accomplished by the enactment of HB 2563 by Representative Kelly Hancock (R – Fort Worth) and sponsored by Senator Leticia Van de Putte (D – San Antonio) that clarifies the roles and responsibilities of school district boards of trustees and superintendents.

On November 13, 2000, the TBEC Board of Directors adopted a policy goal statement, Improving Public School Governance in Texas, calling on the legislature to specify in the education code the important responsibilities of local school boards and their working relationship with superintendents. That straightforward recommendation seemed reasonable, but it was not easy to accomplish.

Although legislation had been introduced in virtually every session since 2000, governance reform never became a priority until Senator Leticia Van de Putte introduced SB 777 in the 2005 session. Under the leadership of its Chair, Senator Florence Shapiro (R – Plano), the Senate Education Committee worked diligently with TBEC, the Texas Association of School Boards and the Texas Association of School Administrators to improve the bill and to include clarifications of the role of superintendents and boards of trustees in the sometimes contentious process of hiring and firing employees. Although the bill passed the Senate by a 31 - 0 vote, the Chairman of the House Committee on Public Education did not allow it to be heard.

The dynamics in this session were very different. In addition to the sponsors, Representative Hancock and Senator Van de Putte, the bill was supported strongly by Chairman of the House Committee on Public Education, Representative Rob Eissler (R – The Woodlands), and Chair of the Senate Education Committee, Senator Florence Shapiro. Passage of the bill was jeopardized for a time by disagreements among education associations about the issue of employee dismissals, but those differences were resolved through constructive dialogue between the staff from Representative Hancock’s and Senator Van de Putte’s offices, TBEC and representatives from the various education

associations. TBEC thanks all who were involved for their good work on this legislation.

Strengthening Career and Technical Education

TBEC’s desire to strengthen Career and Technical Education (CTE) received a major boost when Representative Rob Eissler, Chairman of the House Committee on Public Education, indicated that he too was interested in strengthening and promoting CTE in Texas. He subsequently asked Representative Susan King (R– Abilene) to work with TBEC in crafting the legislation. She introduced House Bill 3485, which was later amended to include bills introduced by Representative Rafael Anchia (D – Dallas) and Representative Lois Kolkhorst (R – Brenham). The bill was picked up in the Senate by Senate Education Chair Florence Shapiro. The bill as passed by both houses includes the following provisions:

• The Texas Education Agency will establish a panel to review the Career and Technical Education curriculum
• School districts can include articulated post secondary courses provided for local credit, or articulated post secondary advanced technical credit courses in providing students the opportunity to earn at least 12 college credits in high school
• The bill provides a clear definition of a CTE student so that it is possible to identify and evaluate the performance of students who take an intensive CTE course of study.
• School districts are encouraged to establish a plan for students entering 9^th grade that identifies a course of study that promotes college and workforce readiness, career placement and advancement, and facilitates the transition from secondary to post secondary education
• A pilot program is established through which school districts are entitled to additional funding for students receiving Career and Technical instruction in grade 8
• The State Board of Education will identify CTE courses students can take to satisfy math and science requirements of the recommended or distinguished achievement high school graduation programs

The last provision listed above is important to TBEC and its partners because it was intended to open up opportunities for students to take an intensive CTE course of study while also completing the Recommended Program. Unfortunately, an amendment to the bill will require completion of Algebra II before taking a CTE course for math credit and Physics before taking a CTE course for science credit. TBEC believes that this restriction will limit a students’ ability to take a career-oriented course of study in high school leading to industry-defined certificates, licenses and associate degrees that will prepare them for well paying jobs.

Nevertheless, HB 3485 represents a significant step forward in strengthening CTE in Texas. It also establishes a solid foundation for action in the future. TBEC appreciates the work of Representatives King, Anchia and Korkhorst and their staffs, and the leadership of House Chairman Eissler and Senate Chair Shapiro that brought about this important legislative accomplishment.

Another CTE Advancement

HB 2383 provides a subsidy for CTE students who take and pass trade or occupational certification or licensure exams. It was introduced in the House by Representative Eddie Lucio III (D-Brownsville) and in the Senate by Senator Eduardo Lucio, Jr. (D-Brownsville). TBEC appreciates this support for students who are taking education programs that will prepare them for many good job opportunities available in our state.

Other Legislation of Interest to TBEC

End-of-course Assessments to Replace High School TAKS

Replacing the high school TAKS tests with end-of-course (EOC) tests has been one of the most significant changes in state education policy proposed in the 80^th legislative session.

Many educators and advocacy groups who favored the change were concerned about the large number of seniors (approximately 40,000 in the Class of 2007) who have not passed one or more of the 11^th grade exit-level TAKS tests in English-language arts, mathematics, science and social studies required for high school graduation.

Senate Bill 1031 (by Senator Shapiro and sponsored by Representative Eissler) as enacted by the legislature and sent to Governor Perry replaces the high school TAKS tests with twelve EOC tests to be administered beginning with students entering ninth grade for the 2011-2012 school year. The students EOC score counts 15 percent toward their final grade for each course.

Students participating in the recommended or advanced high school program will be required to take all twelve EOC tests. Students taking the minimum program will take only the tests for the subjects in which they are enrolled. For high school graduation, students must achieve an average score of 70 (on a scale of 100) on the tests they take in each of the four subjects; and must achieve a score of at least 60 on any single test for it to count toward the cumulative score.

SB 1031 also provides that all students in grades 8 and 10 will be required to take an “established, valid, reliable, and nationally norm-referenced preliminary college preparation assessment instrument” for the purpose of diagnosing academic strengths and weaknesses. The state will pay the costs of these tests.

The EOC algebra and geometry assessments will be administered with the aid of technology. This is a significant step forward in how the state administers tests that should result in a very quick turn around of results.

The TEA is required to schedule the administration of tests two weeks later in the school year providing more instructional time before students are tested.

School districts are not allowed to administer locally-developed assessments on more than ten percent of the instructional days. This limits the use of “practice tests.”

The Public School Accountability System will be Reviewed, but not Sunset

SB 1031 was amended to provide that a select committee will review the present public school accountability system and report its recommendations by December 1, 2008. The provision does not sunset the accountability system, but will provide guidance for the legislature in making changes in the next regular session. However, in the event the No Child Left Behind Act is not re-authorized by Congress within the next two years, any changes in federal accountability requirements may not be known by that time.

Early Childhood Education Sustained

The major piece of legislation addressing early childhood education, SB 50, stalled in the House and did not pass. However, the Legislature did reject the Legislative Budget Board’s proposal to cut $20 million in pre-k services, and funding was secured for three key priorities, including $15 million to continue pre-k services through the Texas Early Education Model (TEEM), $18 million to increase reimbursement rates to providers serving at-risk children, and $2 million to support early childhood education professionals.

Extra Help for Students in Reading and Math

Representative Rob Eissler, Chairman of the House Committee on Education, was successful in establishing pilot programs for intensive student intervention programs in reading (HB 1270) and mathematics for grades 4 through 8 (HB 2504). TBEC appreciates Chairman Eissler’s leadership in providing at-risk students the extra help they need to succeed.

Recommended Program Required for Automatic Admissions, but Limits Fail

HB 3826 by Geanie Morrison (R – Victoria) and sponsored by Senator Judith Zaffarini (D – Laredo) requires students to complete the recommended or advanced high school graduation programs (or its equivalent) or to score at a college readiness standard on the ACT or SAT to qualify for automatic admissions under the ten percent rule. This action accomplishes another TBEC education policy goal.

Surprisingly, the House rejected a conference committee report on SB 101 by Florence Shapiro providing that public universities would be required to admit no more than 60% of the entering freshman class through automatic admissions. Although the ten % rule has not significantly increased the ethnic diversity of students attending UT-Austin (the campus most affected by the rule), it has brought students to the campus from many more high schools across Texas than had previously attended. Obviously, many legislators did not want to jeopardize that benefit for their constituents.

Financial Aid

College affordability has become a major issue as the state seeks to close historic gaps in higher education participation and success. With the rising cost of tuition and fees, the availability of financial aid determines to a great extent if the targeted populations aspire to a college education. The Legislature increased appropriations for the next biennium for the two state financial aid programs in which TBEC is most interested.

The TEXAS Grant is a need-based program that pays the cost of tuition and fees for students who have completed the Recommended Program and enter high education within six months of completing high school. Funding was increased by $93 million to a total of $465 million. The increase is significant, but will fall short of the resources needed to serve all qualifying students.

The Texas Equal Opportunity Grant provides financial aid for non-traditional and part-time students, most of whom attend two year institutions. Funding was increased by $5 million to a total of $14 million. However, this amount is hardly sufficient to support the many non-traditional students who the state should support in their efforts to obtain a college education.

Performance Incentive Funding for Higher Education

Seeking to implement part of Governor Rick Perry’s 2007 higher education recommendations, Representative Geanie Morrison (R – Victoria) introduced HB 3828 to establish performance incentive funding for public higher education institutions. The proposal was to provide funds to institutions for every student who completed a program of study leading to a certificate, license or degree, with higher amounts for at-risk students and for completion of high demand programs.

The bill passed the house, but did not make it through the Senate. Fortunately, a Rider was passed that appropriated $100 million for higher education incentive funding for fiscal year 2009. TBEC appreciates Governor Perry’s leadership and Representative Morrison’s good work that brought about this important reform. TBEC had testified in favor of such a plan during the interim before the 1999 session.

Looking Ahead to the 81^st Legislative Session