EDUCATION MILE MARKERS ON THE 87TH TEXAS LEGISLATURE’S LONG, TURBULENT ROAD B Y AT P E G O V E R N M E N TA L R E L AT I O N S
The Legislature adjourned May 31, 2021, ending an unusual regular session, given the COVID-19 pandemic, February’s crippling winter storm, and partisan divides felt throughout the country. Legislators were back in Austin July 8 for a special session that quickly fell apart.
SCHOOL FINANCE
Following the school finance reforms of the previous legislative session, the Legislature in 2021 passed House Bill (HB) 1525 by Rep. Dan Huberty (R-Kingwood) 16 ATPE NEWS
as a cleanup measure to HB 3 (2019). HB 1525 establishes a commission on special education funding; authorizes “resource campuses”; directs broadband, COVID-19, and other relief funding for schools; and modifies several other laws affecting finance and recapture. Policy changes amended onto the bill late in the session include allowing non-certified teachers to qualify for the Teacher Incentive Allotment (TIA) and extending the deadline for certain educators to attend reading academies.
ACCOUNTABILITY & TESTING
Senate Bill (SB) 1365 by Sen. Paul Bettencourt (R-Houston) was filed in response to a failed attempt by the Texas Education Agency (TEA) to take over management of Houston ISD. The bill’s House sponsor, Huberty, and a group of pro-public education legislators worked with ATPE and other educator groups to improve the initially controversial bill, omitting provisions that would have increased the commissioner’s authority to sanction a district. As passed, SB 1365 clarifies the impact of a D rating in the accountability system, addresses due process for school districts, and adds another year’s pause in accountability ratings. Additionally, HB 4545 by Rep. Harold Dutton (D-Houston) passed, authorizing accelerated learning committees that will plan interventions for students who fail certain STAAR tests. The bill eliminates
grade promotion restrictions based on test performance. HB 4545 initially sparked controversy by proposing outcomes-based funding for school districts based on student test performance—provisions that were later removed. The Individual Graduation Committees (IGC) law finally became permanent after the Legislature passed HB 1603 by Huberty. HB 999 by Rep. Diego Bernal (D-San Antonio) also passed to accommodate high school seniors affected by the pandemic. ATPE supported both bills, which helped qualified students graduate in 2021 regardless of their STAAR test performance.
CIVICS
The most controversial education bill passed this year was HB 3979 by Rep. Steve Toth (R-Conroe). Branded as a bill to ban the teaching of “critical race theory,” HB 3979 actually contains no reference to the once relatively obscure doctrine more likely to be discussed in graduate-level university courses. ATPE opposed HB 3979 because it circumvents the process used by the State Board of Education (SBOE) to adopt social studies curriculum standards—one that is guided by Texas educators. The bill prohibits requiring teachers to discuss current events or “widely debated and currently controversial” issues, as well as school disciplinary measures that could “have a chilling effect” on students’ ability to discuss those same topics. Many believe
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he night before the regular session ended, numerous Democratic state representatives walked out at 11:30 p.m., leaving the House without a quorum and unable to pass a controversial election reform bill before its midnight deadline. Gov. Greg Abbott called the bill a “mustpass” item and ordered a special session to revive it. Abbott also announced he would veto part of the state budget, defunding the legislative branch of government as of September 1, in retaliation for the walkout. The governor released his “call,” or agenda, for the July special session one day before its start. Headlining the call: a second stab at the election bill and restoring funding for legislative employees. But Abbott also placed a few high-profile education issues on the agenda. Democratic House members quickly broke quorum again over voting rights, making national headlines. As of this writing, they were in Washington, D.C., vowing to decamp for the duration of the 30-day special session, and Abbott was planning a second special session in August. As we navigate the twists and turns of the Legislature’s 2021 journey, here’s a look at the major education bills debated this spring and summer.
