The House Public Education Committee held its second hearing of the week Thursday, April 20, 2023, and heard testimony on the following bills:
HB 4870 (Howard) requires districts to automatically place fifth-grade students in advanced sixth-grade math classes if the students are deemed ready, and requires students to opt out of such placement. Rep. Howard said that since the pandemic, we’re seeing the long-term effects of delayed learning on achievement in grade school. She said that taking advanced math in middle school doubles a student’s likelihood of earning a post-secondary credential. The substitute bill adds metrics that districts must use to determine if students qualify for advanced sixth-grade math. The Senate companion bill, SB 2124 (Creighton), was unanimously passed out of committee April 19, Howard noted. The E3 Alliance and Texas 2036 testified in support of the bill, which was left pending.(On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 3610 (Clardy) directs TEA to create a standardized form for the management of treatment of students with epilepsy or medical conditions like it that result in seizures. SB 1506 (Hughes) is an identical bill that was heard in the Senate Education Committee April 19. HB 3610was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 2285 (Noble, et al.) relates to the authority of certain independent school districts to change the terms for members of their boards of trustees. No testimony was given on the committee substitute bill. HB 2285 was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 4656 (Thimesch, et al.) creates a temporary teaching certificate for teachers certified by other states. The committee substitute directs the SBEC to issue certficates to qualified out-of-state educators immediately upon application. Representatives of Gregory-Portland ISD and Carrollton-Farmers Branch ISD testified in support of the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 3708 (Buckley) provides districts that allow homeschooled students to participate in their UIL activities with $1,500 per student per activity. Chair Buckley explained that this bill expands on HB 547 from a previous session. That bill gave districts the option to allow homeschooled students to participate in their UIL activities. He said there is a contingency rider in the budget. A representative of the Texas Homeschool Coalition testified in support of the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 3928 (Toth, et al.) would prohibit a school district from delaying an evaluation for a child suspected of having a disability because the student is suspected of having dyslexia, is at risk for reading difficulties, or exhibits academic difficulties. Toth said this bill passed out the House last session but didn’t make it into law. He laid out a substitute. Most of the testimony was supportive of the bill, including from a representative of TCASE. The bill was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 5167 (Wilson) requires TEA and LEAs to place a Military Interstate Compact tab on their websites to make the Compact easily accessible to military families and district personnel. It extends the time of benefits provided by the Compact from one year to four years. He laid out a substitute that clarifies language on the amount of time students can participate. Testimony was supportive of the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 4210 (Lujan) relates to the appointment and terms of members of a board of trustees of a military reservation school district. Representatives of the Randolph Field ISD testified in support of the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 3028 (Meyer) would provide credit for prepayment of the amount required to be paid by a school district for the purchase of attendance credit under the public school finance system. It would entitle a school district to receive a credit against the total amount required for the district to purchase attendance credit under Section 49.153. The credit would be equal to 4 percent of any amount required to be paid by the district if the district pays that amount not later than February 15 of the school year for which the agreement is in effect. A representative of Gregory-Portland ISD testified in support of the bill on behalf of the district and the Texas School Coalition. Christy Rome with the Texas School Coalition testified for the bill, as did Doug Killian, superintendent of Pflugerville ISD. One witness testified for the bill but against recapture in general because of the burden on districts; he said wealth equalization could be achieved another way. The bill was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 83 (Zwiener, et al.) would allow school districts to elect to use a writing portfolio assessment as an alternative to administering certain portions of assessment instruments and require districts electing to use a writing portfolio assessment to design the assessment in consultation with an institution of higher education. TEA would approve assessments if the agency determines that they meet certain criteria. The bill would allow districts to coordinate with the ESCs for grading the assessments. Testimony was supportive of the bill, which was left pending.
HB 2615 (Gates) would establish a new vocational education program in schools to provide public education to high school students whose educational needs are better served by tailored vocational education and training, and for whom a P-TECH program is not academically appropriate or would not provide adequate vocational opportunities. Rep. Gates laid out a committee substitute. He explained the bill creates a “trade diploma” and helps prepare high school graduates to enter the workforce. A representative of the Career & Technical Association of Texas testified “on” the bill, citing several concerns about credit hours, available courses, etc. Ryan Franklin with Educate Texas testified against the bill, as did other witnesses, including a representative of IDRA. It was left pending.
HB 3832 (Janie Lopez) removes a requirement that schools/districts notify the commissioner of the disposal of certain instructional materials. There was no testimony on the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 4522 (Lozano) is identical to SB 2205 (Parker), which was heard in the Senate Education Committee April 19, It would require the district to increase the district’s interest and sinking fund tax rate for the tax year immediately following the tax year in which the bonds are issued in order to pay the principal of and interest on the bonds for that tax year, and the ballot proposition would have to include the following statement: “THIS IS A PROPERTY TAX RATE INCREASE.” Dr. Michelle Cavazos, superintendent of Gregory-Portland ISD, testified in support of both bills on behalf of her district and the Texas School Coalition, providing similar testimony as she gave April 19 before the Senate Education Committee. Other witnesses also provided similar testimony as they did before Senate Ed. The bill was left pending.
HB 4402 (Keith Bell, et al.) would reduce the burden on students and parents through high-stakes testing and enable school districts and charter schools to focus on other initiatives and programs that emphasize student success in a variety of areas of growth and development. The substitute bill that Rep. Bell laid out removes all grade level 9-12 changes related to EOCs, CCMRs, graduation language, etc. It now focuses solely on grade levels 3-8 and the singular issue of high-stakes testing. A physical fitness assessment indicator is replaced with the advanced mathematics success indicator (Algebra 1 in 8th grade). Through-year testing is further defined in that each of the three tests will be weighted, and then the score used for assessments and accountability will be summative of the three scores. Finally, caps for the percentage of any single accountability rating that may be attributable to student performance on required assessments is 80%, and on the various indicators is 20% for grade levels 3-8. Grades 9-12 would remain the same as currently in state law. Rich Dear, superintendent of Godley ISD, testified in support of the bill on behalf of his district, saying it is a step in the right direction to de-emphasize high-stakes testing because it adds additional measures. Theresa Trevino with Texans Advocating for Meaningful Student Assessment (TAMSA) also testified for the bill, noting that the bill creates a grant for the development of local accountability, which many Texas districts already do to present their communities with dashboards showing multiple measures of student achievement. She said she preferred the original bill because the sub keeps high stakes testing for high school students. Trevino testified that in 35 years of high-stakes testing to graduate high school, post-secondary participation has increased only 2 percent and “we need to think outside the box” to do better. Representatives of Forney ISD, including Superintendent Justin Terry, also testified in support. A representative of ATPE testified “on” the bill, expressing concerns about the substitute’s omission of changes at the high school level and said the “devil will be in the details” on how through-year testing is implemented. A representation of the Texas PTA testified “on” the bill as well. A representative of Texas 2036 testified against the bill as substituted, though she lauded certain provisions. Concerns stemmed from the inclusion of co-curricular measures being included because of funding equity issues across districts in that area. The Commit Partnership also testified “on” the bill, applauding the through-year testing and local accountability grant provisions. The Texas Association of Business testified “on” the bill as well, citing concerns on the subjectivity of the non-academic measures. Kelli Moulton testified in support of the bill on behalf of Raise Your Hand Texas, saying that while assessment is important, it doesn’t provide the full picture and this bill acknowledges the role of community-based accountability. Brian Woods, representing Texas School Alliance, testified in support of the bill, emphasizing that multiple measures are key to quality assessment. The bill was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 651 (Allison, et al.) would include Junior Reserve Officer Training Corps (JROTC) and Leadership Officer Training Corps (LOTC) courses within CTE programs and make them eligible for weighted funding under the FSP. The bill would also incorporate Armed Services Vocational Aptitude Battery scores and JROTC program completion as indicators in the Student Achievement domain of the public school accountability system. Brian Woods provided invited testimony in support of the bill on behalf of the Texas School Alliance. Representatives of Killeen, Del Valle, and San Antonio ISDs also testified in support. The bill was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 4514 (Allison) removes the social studies STAAR in grade 8 (test not required under federal ESSA provisions); adds new PK-8 non-test indicators beginning in 2023-24 courses in enrichment curriculum, extra and co-curricular, state-developed school and student safety survey, teacher mentoring programs and professional development, chronic absenteeism, participation in full-day pre-K, middle school students who complete CTE courses or a course higher than grade level; removes overall summative A-F district and campus performance ratings; limits scores on STAAR in student achievement and closing the gaps domain to no more than 50%. Rep. Allison laid out a committee substitute. A representative of Del Valle ISD testified in support of the bill. A representative of the National Parents Union testified against the bill, saying it “waters down the accountability system” and that parents want accountability ratings. Texas PTA testified in support of the bill. Texas 2036 testified against the bill, citing similar concerns as the group had on HB 4402. Kelli Moulton testified in support of the bill on behalf of Raise Your Hand Texas. The bill was left pending.
HB 3141 (Ken King) would amend statute related to local remote programs and the state virtual school network. It would expand the eligibility for districts and charter schools to offer students virtual courses, as well as allow the commissioner of education to authorize high quality full-time virtual and hybrid campuses. The bill would prohibit teachers from providing concurrent instruction to in-person and virtual students and would require that teachers be provided professional development on high-quality virtual instruction.
The bill would establish a funding process for students enrolled in virtual courses as well as full-time virtual and hybrid campuses based on student enrollment. A student enrolled in a virtual course offered under the new chapter would be counted toward the district’s or school’s ADA in the same manner as district or school students not enrolled in virtual courses. Texas 2036 testified in support of the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 4358 (Allison) would include digital teaching in the micro-credential certification program for public school educator continuing education. Texas 2036 testified for the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 1804 (Wilson, et al.) would expand the criteria used to determine if an instructional material is eligible to be adopted by the SBOE. If the SBOE determines an instructional material does not comply with the standards, the board could not adopt the instructional material unless the publisher removes or modifies the content. A substitute bill was laid out. Representatives of the Republican Party of Texas, the Texas Public Policy Foundation, the Texas Eagle Forum, an organization called Moms for America, an organization called Texas Values, and an organization called Texas Values Action testified in support of the bill. Representatives of the ACLU, Equality Texas, and the Texas Freedom Network, an Austin ISD teacher, and other individuals testified against the bill. A number of other witnesses who registered against the bill did not testify (they likely left due to the late hour). The bill was left pending.
HB 1572 (Dutton) would remove the $60 million cap on instructional facilities funding for open-enrollment charter schools. They would be entitled to per ADA funding for instructional facilities equal to the guaranteed level of state and local funds per student per cent of tax effort under Section 46.032(a) multiplied by the state average interest and sinking fund tax rate imposed by school districts for the current year. TEA estimates that the cost to the FSP would be $299.4 million in fiscal year 2024, $317.6 million in fiscal year 2025, increasing to $343.9 million in fiscal year 2028. Charter school representatives testified in support of the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 4520 (Cody Harris, et al.) relates to employment and retirement consequences for an educator convicted of or placed on deferred adjudication community supervision for the sale, distribution, or display of harmful material to a minor. There was no testimony on the bill, which was left pending. (On Friday, April 21, the committee held a formal meeting and voted out this bill; it now goes to the full House.)
HB 3614 (Hefner) would allow school districts to employ chaplains to perform the duties of school counselors. A substitute bill was laid out. Testimony was similar to that given when similar bills were heard in the Senate Education Committees earlier in the session. (CSSB 763 (Middleton) was heard in committee April 5.) (On Friday, April 21, the committee held a formal meeting and voted out HB 3614; it now goes to the full House.)
On Thursday night, the committee also voted out the following bills, which now go to the full House. Unless otherwise noted, these bills were heard in committee April 18.
- CSHB 1149 (Swanson) requires that a school district employee obtain written consent of a child’s parent before the employee can conduct a psychiatric exam or a psychological or psychiatric treatment on the child, except when required by state or federal law.
- CSHB 1883 (Bhojani), heard in committee March 14, relates to the administration of assessment instruments on religious holy days.
- HB 1926 (Hull) relates to the expiration date of the supplemental special education services program.
- HB 2102 (Goldman) relates to the establishment of a new open-enrollment charter school campus by certain charter holders and to the expansion of an open-enrollment charter school.
- CSHB 2120 (Keith Bell) relates to the practice of barbering and cosmetology at an establishment at a public secondary school.
- CSHB 2273 (Oliverson) relates to the foundation curriculum and social studies curriculum in public schools.
- CSHB 2510 (King) relates to transparency in certain legal proceedings and contracts involving a school district and a limit on legal fees that may be spent by a school district in certain legal proceedings.
- HB 2808 (VanDeaver) relates to the finality of public school accountability determinations.
- CSHB 3202 (Noble) relates to access by the Texas Education Agency and private schools to certain criminal history records.
- CSHB 3315 (Bell) relates to a school district’s grievance procedure regarding complaints concerning violation of parental rights.
- CSHB 3908 (Wilson) relates to fentanyl prevention and drug poisoning awareness education for public school students in grades 6 through 12.
- HB 3991 (Isaac) relates to Texas Fruit and Vegetable Day in public schools.
- CSHB 4070 (Schaefer) relates to the punishment for trafficking of persons, online solicitation of a minor, and prostitution and to the dissemination of certain information, including the required posting of certain signs, regarding human trafficking.
- HB 4342 (Plesa) relates to courses in personal finance literacy and economics for high school students in public schools.
- HB 4375 (VanDeaver) relates to instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator in public schools.
- HB 4477 (Landgraf) relates to the scheduling of University Interscholastic League competitions.
- HB 4716 (Manuel) relates to the referral of certain students receiving special education services to a local intellectual and developmental disability authority for services or public benefits.
