On Wednesday, April 12, 2023, the Senate Education Committee heard testimony on the following bills:
- SB 2124 (Creighton) requires districts to establish an opt-out policy to enroll students in accelerated math in sixth grade to improve their chances of accessing Algebra I in eighth grade and advanced math in high school. The committee substitute (not adopted yet because the committee lacked a quorum) explained by Chairman Creighton provides metrics that districts must use to determine if a student qualifies for placement in a sixth grade advanced math course. Representatives of the following testified in support of the bill: E3 Alliance, Hayes CISD, The Commit Partnership, Texas 2036. The bill was left pending.
- SB 789 (Johnson) adds students who successfully complete a P-TECH program to the indicators of achievement for high schools under the state accountability system. The committee substitute (not adopted yet because the committee lacked a quorum) explained by Sen. Johnson adds P-TECH to the list of factors for which schools can earn certificates of distinction in the accountability system. The sub also increases the fiscal allotment for P-TECH schools from $50 per student to $150 per student. Dallas ISD testified in support of the bill, which was left pending.
- SB 1072 (Hughes), as filed, would allow a school board to add to the duties of its school health advisory council the policies, procedures, and circumstances in which a district employee may discuss human sexuality with students and a campus may host extracurricular events related to human sexuality. The bill prohibits district employees from discussing human sexuality with students and campuses from hosting extracurricular events related to human sexuality unless the board has adopted a policy stating otherwise. SB 1072 also would allow the state attorney general or appropriate district or county attorney to bring a cause of action on behalf of the state if they believe a school is violating this law. A number of representatives of the LGBTQ community testified against this bill, for which Hughes laid out a committee sub. The bill was left pending.
- SB 1664 (West) would create a school safety technical advisory committee to advise TEA regarding the school safety accountability program that this bill also creates. TEA would be responsible for assigning each public school with a school safety score. TEA would develop the metrics and provide preliminary audit reports to which schools may respond. The bill goes on to list many of the factors that should be considered in the audits. Sen. West laid out the bill for discussion, saying he would return with a substitute later. Mark Terry with TEPSA testified “on” the bill, citing some concerns. The bill was left pending.
- SB 245 (Perry), as filed, would make a variety of changes to the laws governing discipline in public schools. The bill also would address student access to certain mental health services. The bill would amend the law governing districts of innovation to require that those districts follow the provisions of Chapter 37 of the Education Code, which governs “discipline, law and order.” Read a full summary of the bill by searching for SB 245 in TASA’s Bill Tracker.Sen. Perry laid out a substitute bill. There was ample testimony on the bill, which was left pending.
- SB 1261 (Paxton) makes changes to the laws governing accelerated instruction and supplemental instruction for students who do not perform satisfactorily on certain assessments. Sen. Paxton laid out a substitute bill that: reduces HB 4545’s tutoring requirement to 15 hours per student but maintains a district average of 30 tutoring hours because a student who failed an assessment by one question needs less tutoring than a student who missed more. The substitute increases the maximum tutoring group size from three to four. It eliminates accelerated learning committees; instead, districts would develop AEPs (accelerated education plans) for certain students. It allows the parent or guardian of a student receiving supplemental instruction to reduce or remove certain requirements. It would authorize waivers for districts that want to use automated methods for supplemental instruction if proven more effective than small group tutoring. Ector County ISD Superintendent Scott Muri provided invited testimony in support of the bill, as did a representative of Uplift Education. A representative of Plano ISD testified, asking that the bill be changed to: limit accelerated instruction requirements to just reading and math; allow flexibility for high school group size; and ensure districts maintain the flexibility to select the materials, resources, and programs that work best for their students. The bill was left pending.
- SB 410 (Paxton) would require the SBOE to adopt rules requiring students in grades 7 and 8 to receive fetal development instruction. Sen. Paxton laid out a substitute bill, which was left pending.
- SB 2497 (Middleton) would allow districts to use an alternative language method to satisfy bilingual education allotment requirements. The bill was left pending.
- SB 1087 (Schwertner) would allow students to earn more than one subsidy for completing an industry certification exam as part of a school career and technology program and allows a teacher to receive a subsidy for any CTE industry certification instead of just a cybersecurity certification. Testimony was supportive of the bill, which was left pending.
- SB 588 (Hughes) would allow schools to provide temporary teaching certificates to honorably discharged service members or first responders who meet all other eligibility requirements except that the person may substitute their service for the requirement to hold an associate or bachelor’s degree. Sen Hughes explained that the committee sub requires 20 hours of classroom training with some exceptions and changes the length of the temporary permit from five years to three years to comply with SBEC rules. There was no testimony on the bill, which was left pending.
- SB 472 (Hughes) would require political subdivisions to consider charter schools the same as school districts for purposes of zoning and permitting. Hughes laid out a substitute bill. Charter school representatives testified in support of the bill. Patty Quinzi with Texas AFT testified against the bill, which was left pending.
- SB 1474 (Bettencourt) would implement many of the recommendations of the Texas Commission on Special Education Funding. The bill creates a retired special education teacher grant program to reimburse schools for certain retire/rehire surcharges; requires boards to hold an annual meeting to consider performance of students receiving special education services; and creates supports to assist schools in recruiting special education staff. The bill also creates an ESA program for students leaving the public school system for approved educational expenses such as private school tuition. Sen. Bettencourt said he is working on a substitute bill. A representative of the private school association testified in support of the bill. Charles Luke, representing the Coalition for Public Schools, testified that the coalition has a problem only with the section of the bill that creates an ESA program, expressing concerns about accountability and possible loss of federal protections for special education students who accept ESAs to attend private schools. A representative of Disability Rights Texas testified against the bill, which was left pending.
- SB 2069 (Bettencourt) would remove the requirement for private schools to post signs regarding human trafficking penalties. Public schools would still be required to post the signs. Private school representatives testified in support of the bill, which was left pending.
Voted out a number of bills heard in subcommittee as well as the following bills related to K-12:
- CSSB 11 (Nichols) relates to measures for ensuring safety and security in public schools, including measures related to certain student records and truant conduct. It was heard in committee April 5. Nichols explained that the substitute bill requires data sharing between TEA and TxSSC, requires one intruder audit per year, and one detailed audit per four years. It provides a $16,800 per campus safety allotment that scales down on four funding levels based on campus size. The bill was passed with a vote of 10-0.
- CSSB 763 would allow school districts to employ chaplains to perform the duties of school counselors. It was heard in committee April 5. The bill was passed with a vote of 8-2.
- CSSB 999 requires providers of active shooter training at public schools and institutions of higher education obtain a certificate issued by the Texas Commission on Law Enforcement. The bill was passed with a vote of 10-0.
- SB 1515 (King) would require public schools to display the 10 Commandments in their classrooms. It was heard in committee April 5. The bill was passed with a vote of 9-1.
- CSSB 1630 (Bettencourt) addresses student attendance, including provisions requiring schools to inform parents on the importance of regular attendance; requiring schools to provide appropriate supports to students who fail to regularly attend school; allowing parents to choose to receive notifications of student absences; allowing parents, students, and school staff to meet to discuss why a student is missing school; and requiring schools to create guidelines to identify students in need of additional support. The bill was passed with a vote of 9-0.
- SB 1720 (Kolkhorst) allows a public school employee who reports a potential threat to the school’s threat assessment and safe and supportive school team to keep their identity confidential. The bill was passed with seven votes; West was present not voting.
- CSSB 2158 (Phil King) relates to the establishment of an adult education pilot program for certain inmates of the Texas Department of Criminal Justice. It was heard in committee April 5. The program would be a partnership between the Goodwill Excel Center and the Windham School District.
- SB 2372 (Campbell) adds making recommendations on appropriate grade levels and curriculum for instruction on opioid addiction and abuse, including fentanyl, to the list of school health advisory council duties. It was heard in committee April 5. The bill was passed with a vote of 8-0.
- SB 2407 (Hancock) would allow retired peace officers and honorable discharged veterans of the U.S. armed forces to become school marshals without holding a license to carry. The bill was passed with a vote of 8-0.
- SB 1475 (Creighton) would require school marshals to complete a course of instruction offered by the Advanced Law Enforcement Rapid Response Training Center at Texas State University–San Marcos that is designed to prepare the trainee to isolate, distract, and neutralize an active shooter. The bill was passed with a vote of 8-0.
- SB 2032 (Creighton) would allow entities to create adult charter schools like the Goodwill Excel Center pilot. It was heard in committee March 15. The substitute bill sets a limit of 10 charter schools that can be created (in addition to those existing) to serve this purpose. The bill was passed with a vote of 8-0.
- CSSB 2565 (Creighton) requires the commissioner to create or secure open education resource instructional material for public schools to voluntarily use free of charge. The bill also requires districts to make teaching materials and tests readily available to parents in person and, if applicable, through a parent portal. Boards would be required to establish a process by which a parent of a student may request an instructional material review. Districts must also provide foundation course teachers with full subject tier one instructional materials unless the teacher’s contract states otherwise. The bill creates an allotment for schools, $40 per student, for costs incurred procuring instructional materials under these new provisions. It was heard in committee March 29, when TASA, TACS, and IMCAT submitted written testimony “on” the bill. Chairman Creighton laid out a substitute bill, saying it addresses points of concern from stakeholders and clarifies language to reinforce the bill’s intent, protects teacher time and flexibility, and uses state funds responsibly. The bill was passed with a vote of 7-1.
