The ATPE Governmental Relations team recaps the past week’s education news, legislative and election updates, and regulatory developments.

• News articles assess current political climate for education as special session looms
• Education, labor departments team up to expand teacher prep programs, apprenticeships
• House Education Committee holds hearing on COVID-related learning loss
• Noteworthy developments in special education
• DFPS no longer able to accept anonymous reports of child abuse beginning Sept. 1
• Secretary of State releases order of constitutional amendments on November ballot

CURRENT CLIMATE: Two news articles this week provide a frank look at the current climate in Texas public education as a special session on vouchers and other education issues looms. Houston Chronicle education reporter Edward McKinley interviewed ATPE Past State President Stacey Ward and ATPE Governmental Relations Director Monty Exter for a front-page story titled “Texas school districts forgo new buses, pursue layoffs to fund teacher raises after state inaction.” In the article, Exter explained his lack of optimism that more money will come schools’ way anytime soon. “I think that things aren’t probably going to change until we have an election cycle,” he said. “Elections have consequences. Collectively we got what we voted for.”

The Austin Chronicle’s “The State Wants to Give More Schools F Ratings – To What End?” takes a look at the impact a proposed increase in College, Career, and Military Readiness (CCMR) cut scores will have on A–F accountability ratings—and the optics when lower A–F ratings are released right before a special session on vouchers. "This drastic and arbitrary change will mean most high schools in my district will actually drop a whole letter grade right before a special session on vouchers,” Rep. Gina Hinojosa (D–Austin) told the Austin Chronicle. "Coincidence? And it's sad—so many schools that put in the hard work post-pandemic to improve achievement will actually be labeled with a lower grade than last year. It's a slap in the face to school communities."

ED PREP: The U.S. Departments of Education and Labor have teamed up to invest in two key educator pathways: Registered Apprenticeships, which decrease barriers to the profession by allowing for paid on-the-job training, and Teacher Quality Partnership (TQP) grants, which improve educator preparation programs (EPPs) and support offered to new educators. ATPE Lobbyist Tricia Cave has more information in this blog post.  

LEARNING LOSS: On July 26, the Early Childhood, Elementary, and Secondary Education subcommittee of the U.S. House Committee on Education and the Workforce held a hearing on COVID-related learning loss. The hearing broke down into two camps. Representing one camp, Chairman Aaron Bean (R–FL) and his Republican colleagues largely focused on the predominant cause of learning loss—school closures— which they blame largely on President Joe Biden, his Democratic colleagues, and teacher organizations. The other camp, represented by the Democrats on the committee, focused on defending the decision to close schools and excoriating their Republican House colleagues for proposing major cuts to the federal education budget, including dramatic reductions in Title I funding. Vouchers were also brought up by various witnesses and House members throughout the hearing.  

SPECIAL EDUCATION: There have been a few noteworthy developments within special education in the past two weeks. On July 24, the U.S. Department of Education released updated guidance and a Dear Colleague Letter addressing the “general supervision” requirement of the Individuals with Disabilities Education Act (IDEA). “General supervision” necessitates that states monitor local educational agencies (LEAs) and early intervention service (EIS) programs and providers to ensure children with disabilities and their families access their rights under IDEA. The guidance is designed to help states identify and correct noncompliance in a timely manner, ensure the rights guaranteed under the IDEA to children with disabilities and their families are protected, and ensure consistent implementation of IDEA.

On Aug. 1, AASA, The School Superintendents Association, issued a comment letter signed by multiple national education organizations expressing support for a regulatory change that would end IDEA’s requirement that school districts obtain parental consent to bill Medicaid. Streamlining this process will make it easier for districts to receive critical Medicaid reimbursements that are used to pay for specialized instructional support personnel and special education programming for students.

ATPE also learned this week that proposed rules will soon be issued at the state level around a new law that requires students with dyslexia to have Individualized Education Programs (IEPs). Questions to be answered include whether teachers of students with dyslexia will now be required to hold special education certification and how this will affect charter schools. Special education teachers are the only teachers required to be certified in charter schools because of federal requirements. This shift in state dyslexia law could require charters to hire far more certified teachers. Stay tuned to Teach the Vote for further developments.

MANDATORY REPORTING: On Sept. 1, 2023, a revision to the Texas Family Code child abuse reporting law will go into effect. Although the current law allows for anonymous reports to be made to the Texas Department of Family Protective Services (DFPS), the revised law prohibits DFPS from accepting anonymous reports. It is important for educators to understand their duties as mandated reporters and that this revision does not affect those duties. Learn more in this ATPE Blog post from the ATPE Member Legal Services Department.

CONSTITUTIONAL BALLOT: On Friday, Texas Secretary of State Jane Nelson released a list of the constitutional amendments passed by the 88^th Legislature in the order they will appear on the November ballot. The ballot will include 14 propositions. Among them will be Proposition 4, which, if passed, will increase homestead exemptions, including on school property taxes, and “adjust the amount of the limitation on school district ad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflect increases in certain exemption amounts.” Also on the ballot will be Proposition 9, which authorizes a cost-of-living adjustment (COLA) for retired educators. The COLA is in addition to the one-time supplemental payment many retirees will receive in September 2023. The complete list of propositions can be found here.