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HISD working on a bond issue

It’s going to be quite the year for HISD.

Voters living in Houston ISD could be asked to approve a new school bond totaling at least $1.2 billion as early as November, according to a recently unveiled district financial plan.

The bond would finance major construction projects, technology upgrades, fine arts purchases and other capital costs. If the bond request totals $1.2 billion, it would likely come with a tax increase of 3 cents to 7 cents per $100 of taxable value, depending on Hurricane Harvey’s impact on property values, district administrators said.

For a homeowner with a property valued at about $275,000, roughly the average in HISD in recent years, the increase would amount to $80 to $190 per year.

District leaders unveiled the plans over the weekend during a wide-ranging preview of major changes to the district’s budget, magnet schools program and approach to long-failing schools. HISD’s last bond election came in 2012, when two-thirds of voters approved a $1.89 billion request.

District leaders did not present specific projects or amounts, but they’re expected in the coming months to finalize a proposal for school board members. Board trustees must approve sending a bond election to voters.

Administrators said the bond would help finance new campuses in pockets of the city’s west and south sides, where student enrollment has grown, along with upgrades to outdated elementary and middle schools. The 2012 bond largely focused on renovating and building new high schools, with 26 campuses getting about $1.3 billion worth of construction.

The district’s financial staff estimates that a $500 million bond request could be passed without raising taxes, but the amount “would not do much for a school district of this size,” HISD Chief Operating Officer Brian Busby said.

“It would be something that would possibly pass, depending on what you do, but it would not be as impactful as we need a bond to be, based on our strategic vision moving forward,” Busby said.

Add this to the other items already on the plate and once again you can see what a busy year the Board has for itself. The initial reaction I saw to this on Facebook was not positive, which may have been the result of this coming on the heels of the announcement about changes to the magnet school program – lots of people I know are already plenty anxious about that. It’s also a weird year for politics, people feel like there’s too many things for them to keep track of, and I’m sure some people are wondering why there’s another bond issue six years after the last one. HISD bond issues generally pass easily – the one in 2012 got 69% of the vote – but I suspect the Board and Superintendent Carranza are going to have to put together a solid plan and sell it to the voters, with a strong promise of engagement and accountability. I would not take anything for granted.

HISD’s plan to avoid state takeover

We’ll see how this works. As we know, the stakes are quite high.

Houston ISD administrators have proposed dramatic changes to 15 low-performing schools that, if approved, could temporarily prevent the state from taking over the district’s Board of Trustees or shuttering campuses.

In a bid to preempt state intervention and improve academic performance, the district is proposing two options for each of the 15 schools: either allow an outside organization to take control of hiring and curriculum, or close and immediately reopen the campus with entirely new staff and programming before the 2018-19 academic year.

Under the latter option, the campus would only serve limited grade levels in 2018-19 — pre-kindergarten and kindergarten in elementary schools, sixth grade in middle schools and ninth grade in high schools. As a result, the majority of students at any close-and-reopen school would be displaced in 2018-19. Each campus would add one grade level in subsequent years.

The sweeping proposal, which remains in the early stages, comes as Houston ISD faces significant sanctions for its failure to improve chronically low-performing schools following the 2015 passage of a law known as HB 1842.

[…]

District administrators haven’t recommended which schools would employ partnerships or close-and-reopen. They are expected to present recommendations at a Feb. 1 board meeting, with community meetings planned throughout the month. Administrators are aiming for a board vote on the changes by early March.

Add this to the other big changes in the works and you can see what an ambitious agenda the board has for itself. Again, there’s a lot there and I encourage you to read it all, and to get involved in the process. There ought to be plenty of opportunities to engage, so if you want HISD to hear what you think about, get out there and tell them.

HISD faces major changes

This is a very big story, but a key component to it is not discussed here.

Houston ISD officials said Saturday the district will need to cut about $200 million from its 2018-19 budget to bring spending in line with an increasingly gloomy financial outlook.

In an equally momentous move, Houston ISD officials also proposed far-reaching changes to how the district operates its magnet and school choice systems, some of the boldest moves to date by second-year Superintendent Richard Carranza.

Still reeling from Hurricane Harvey, Houston Independent School District officials revealed at a board meeting Saturday that the district is facing a double whammy: A multimillion-dollar, state-mandated “recapture” payment requiring districts with high property values to “share the wealth,” and an expected drop in enrollment and tax revenue because of the devastating storm, which severely damaged schools and delayed the start of classes by two weeks.

The proposed cuts come at an inopportune time, with the district battling to stave off a potential state takeover because of 10 chronically under-performing schools.

Although the measures outlined Saturday are preliminary and could change significantly before HISD’s board votes on them, officials acknowledged that the district is entering an uncertain time.

“It’s a sea change for HISD,” said Rene Barajas, the district’s chief financial officer. “But at the end of the day, from a budgetary perspective, we’re still going to get the job done. It’s just going to be harder.”

There’s a lot more and there’s too much to adequately summarize, so go read the rest. We know about the recapture payments, which even though they have been reduced due to Harvey are still significant. We know HISD has been talking about revamping its magnet programs for some time, and there’s a cost-savings component to that as well. We know that property values and enrollment have been affected by Harvey, and we know how daily attendance determines the amount of money the district gets from the state. So none of this is a surprise, though having to deal with all of it at once is a big shock.

What’s missing from this article is any mention of what the state could and should do to help ameliorate this blow. I think everyone agrees that if a school building is destroyed by a catastrophic weather event, it should be rebuilt via a combination of funding sources, mostly private insurance and emergency allocations from the state. Why shouldn’t that also apply to the secondary effects of that same catastrophe? It’s not HISD’s fault that its revenues, both from taxes and from state appropriations, will be down. There needs to be a mechanism to at least soften, if not remove, this burden. Bear in mind that one reason why the drop in property values is such a hit is because the state has shoved more and more of the responsibility for school finance on local districts. If Harvey had happened even a decade ago, the appraisal loss would still be felt, but not by as much. That’s not HISD’s doing, it’s the Legislature’s and the Governor’s and the Lieutenant Governor’s, all with the approval of the Supreme Court.

But what can be done can be undone. With little to no pain on its part, the Lege could tap into the Rainy Day Fund to get HISD past the worst of this, or it could recognize that the nearly one billion it appropriated last session for “border security” is little more than macho posturing, an endless boondoggle for a handful of sheriffs, and an sharp increase in traffic citations, and redirect some of that money to HISD and any other district in similar straits. There are other things the Lege could do, but all of it starts with the basic principle that the Lege should do something to help out here. When are we going to talk about that?

Extra school days may be coming

Darn that crazy weather.

School districts across greater Houston are working to determine if they need to add extra days to their academic calendars or extra minutes to their school days to make up two days missed this week due to icy weather.

Area students have already missed two weeks or more of classes during the current school year as a result of Hurricane Harvey and the flooding it triggered.

Some of the area’s largest districts — including Houston and Cypress-Fairbanks — have already announced they will likely need to add at least one day to the school year after canceling classes Tuesday and Wednesday. The Cy-Fair and Humble school districts said students will no longer have a day off on Monday, Feb. 19, which will instead be used as a make-up day. That date had already been set aside as a make-up day in the event of unexpected school closures.

Houston ISD Superintendent Richard Carranza said Wednesday that his district, Texas’ largest, would likely need to add two instructional days to its academic year.

“We’re going to try to avoid adding days onto the end of the year. It wreaks havoc on graduation schedules, and lots of students and families have announced dates and have people flying in,” Carranza said. “We’ll do everything in our power to avoid tacking onto the end of the school year.”

As I recall, the last time HISD had to do this they added one day at the end of the year, and also opened schools on Memorial Day. I won’t be surprised if that’s on the table for this year, much to my girls’ dismay. It is what it is, and as noted at the end of the story, we all better hope for good weather from here on out. They’ll let us know when they know.

Who’s to blame for the special education limits

The Lege gets a finger pointed at it.

After a federal report blasted Texas for failing kids with disabilities, educators and public education advocates are pointing the finger directly at state legislators who, they argue, first suggested capping special education to keep costs low.

The U.S. Department of Education last week released a monitoring report, after a 15-month investigation, finding that the Texas Education Agency effectively capped the statewide percentage of students who could receive special education services and incentivized school districts to deny services to eligible students. Gov. Greg Abbott released a statement soon after that criticized local school districts for their “dereliction of duty” in failing to serve students — which touched a nerve for educators.

“We weren’t derelict: the state of Texas was derelict, the Texas Education Agency was derelict,” said HD Chambers, superintendent of Alief ISD and president of the Texas School Alliance, an advocacy group. “We were following what they put in place.”

In a statement sent to TEA and Abbott on Sunday, the Texas School Alliance and school administrator groups dated the creation of a special education cap back to a 2004 Texas House Public Education Committee interim report, which surveyed how other states fund special education and which made recommendations to the Legislature for how to discourage identifying too many students with disabilities.

[…]

The committee’s report recommended the Legislature “determine what aspects of our current funding mechanism for special education encourage overidentification; and then investigate alternative methods for funding special education that decrease any incentives to overidentify students as needing special education services.”

It also recommended reducing state and local administrative costs in overseeing special education in order to direct more money to students with disabilities.

That same year, TEA implemented a system to monitor and evaluate how school districts were serving kids with disabilities. The percentage of students with disabilities served plunged from 11.6 percent in 2004 to 8.6 percent in 2016. The U.S. Department of Education found last week that the agency was more likely to intervene in school districts that provided services for more students with disabilities, incentivizing administrators to cut back on services.

Chambers was a central office administrator at Cypress-Fairbanks ISD in 2004 and recalls receiving direct and indirect instruction from the state to serve fewer students. “We were under the impression that we were out of compliance if we were identifying more than 8.5 percent of our population,” he said.

See here for past blogging on the topic, and here for the Trib story on the federal report. I will note that the Chair of the House Public Education Committee at the time of the 2004 interim report was none other then Kent Grusendorf, a man who was so anti-public education that he was basically the inspiration for (and first real victory won by) the Texas Parent PAC. So yeah, I have no trouble believing this. As to when it might get fixed, that’s a topic for November.

HISD to standardize start times

This had been talked about for some time.

HISD will implement standardized school start times for the 2018-19 school year to better deliver efficient, reliable, and affordable transportation to our students.

Currently, HISD manages 67 different school start times – the highest in the state – as it transports nearly 36,000 students on almost 1,200 different routes each day. Beginning next fall, the district will operate with two standardized start/dismissal times:

  • 7:30 a.m.-2:50 p.m. for elementary schools and K-8 campuses
  • 8:30 a.m.-3:50 p.m. for all secondary campuses (middle school, high school, and grade 6-12 campuses)

[…]

Standardizing school start times will bring efficiencies to the district’s bus routes and ensure that students arrive to campus and depart on time, resulting in fewer interruptions to teaching, learning, and family schedules. The new start times will also extend the life of the district’s bus fleet and reduce maintenance and fuel costs.

As it happens, my daughters will be entering middle and high school next fall, and I can tell you they approve of this change. There was a proposal like this a few years ago that ultimately went nowhere. This time around, HISD did a survey of parents, and they went with the option that was favored by both parents and principals. If you have kids in HISD, what do you think about this? The Chron and the Press have more.

One small piece of relief for Harvey-affected school districts

It’s not much, but it’s something.

Texas Education Commissioner Mike Morath is not changing state standardized test dates for students affected by Hurricane Harvey, but he is waiving some requirements for certain students, his agency said Thursday.

Students across the state will be still required to take the State of Texas Assessments of Academic Readiness, or STAAR, as scheduled in March and May. But after pressure from Gov. Greg Abbott, Morath sent a letter to Harvey-affected school districts today saying students who fail required standardized state tests in fifth and eighth grade twice can graduate, as long as their local districts officials agree they are ready.

Normally, fifth- and eighth-grade students, who must pass the STAAR reading and math tests to graduate, must take the tests up to three times if they fail. If a student doesn’t pass on the third try, he or she cannot graduate unless a committee of his or her educators and parents unanimously agrees to promote the student.

With Morath’s announcement, Harvey-affected districts will have more leeway to decide whether to require students to take the test a third time and to decide locally whether students who fail the tests can graduate.

Rescheduling the STAAR tests was never really an option, as it would have been disruptive to many school districts. Indeed, a large majority of superintendents were opposed to rescheduling the STAAR. This at least gives some kids who have been traumatized in one way or another by Harvey a chance to stay on track, with their classmates. Morath may still make further adjustments to the accountability system later, which if it does happen will probably be after the tests are taken and we get some idea of how the scores were affected. At least the TEA is being open to suggestion.

HISD proposes to rebuild four schools damaged by Harvey

Seems reasonable.

Students at four storm-damaged Houston ISD elementary schools wouldn’t return to their home campuses until at least 2020 under a district proposal for replacing the structures announced Monday.

The $126-million plan calls for the four campuses — Braeburn, Kolter, Mitchell and Scarborough elementary schools — to be demolished and rebuilt at their current locations. The properties would be elevated to prevent the type of flooding that occurred after Hurricane Harvey, district officials said.

Houston ISD’s Board of Trustees is scheduled to vote on the plan Thursday.

“Based on the catastrophic flood damage and the elevation increase each campus would need to prevent future flooding, we’ve decided that the best use of HISD resources is to rebuild these four buildings,” the district’s chief operating officer, Brian Busby, said in a statement.

Students attending the four schools have been in temporary locations since September, traveling distances ranging from four to 11 miles away from their home campus. It’s not immediately known whether students would remain at the same temporary campuses until the new buildings are constructed.

[…]

District officials expect that virtually all storm-related costs will be covered through insurance, Federal Emergency Management Agency funds and state aid. As the district awaits reimbursement for costs, the $126 million for reconstruction would be paid out of the district’s “rainy day” reserves and Tax Increment Reinvestment Zone funds.

Trustee Mike Lunceford, whose district includes Braeburn and Kolter elementary schools, said decisions about rebuilding schools should be made now, rather than waiting for payments from FEMA and the state. He said he’s supportive of the district’s plan, though he has a few questions about the cost and a separate proposal to change the district’s policies for maintaining reserve funds.

“A lot of people are talking to me, asking if we’re going to rebuild the schools,” Lunceford said. “They definitely need to be rebuilt. Both schools (in my district) have more than adequate population.”

Not using these schools is not an option, and not doing something to mitigate against future flooding, however unlikely another Harvey may be, is irresponsible. The funding should be there, but if in the end HISD has to float some bonds for this, it’s worth it. The Press has more.

What will we do with the hardest hit schools?

The Houston area was inundated by floods during Harvey. As bad as that was and is, we weren’t affected by the wind. The coastal region is dealing with that, and it’s a very tough road they have ahead of them.

Hundreds of students languish at home, still out of school weeks after Hurricane Harvey made landfall in coastal Texas, sundering even sturdy school buildings. The storm sliced off rooftop air-conditioning units and ripped holes in roofs, allowing rainwater to gush inside. It felled trees, toppled stadium lights and turned hallways and science labs into lakes.

Five school districts north of Corpus Christi remain shuttered, and two of them are not expected to open until mid-October — or later, if contractors diagnose unanticipated damage or cannot find supplies.

The extended closures have raised concerns about how students will catch up as the state recovers from its worst natural disaster. Then there are money concerns: How will school districts fare when they confront the cost of rebuilding and the potential loss of state money if enrollment drops?

Children from some of the hardest-hit communities — Rockport, Aransas Pass and Port Aransas — streamed into schools in neighboring towns to register, anxious to get back into the classroom. But many of those schools are running out of room.

[…]

The Gregory-Portland district, which was spared the brunt of the storm, reopened within days. Since then, its enrollment has exploded from about 4,500 students to nearly 6,300 — a 40 percent increase. Most of those students came from Rockport, which was walloped by Harvey.

As the hurricane made landfall near Corpus Christi — where tourism and shrimping are mainstay industries — it packed winds of more than 100 mph. Streets once lined with lush oak trees are now filled with gnarled branches and debris. Mobile-home parks have been reduced to rubble. Many hotels and restaurants sit closed. The water tower in Aransas Pass came crashing to the ground.

Many of Aransas Pass’s school buildings lost rooftop air-conditioning units, peeled off by high winds. The air conditioners then stamped holes in the roof as they bounced to the ground. Drenching rain soaked carpets and ceiling tiles, ruined papers and spawned hazardous mold. At A.C. Blunt Junior High, the library collection that took generations to build was soaked and will have to be replaced.

“When this devastation came about — gosh, it hit us hard,” said Mark Kemp, superintendent of the Aransas Pass Independent School District, which will not open before Oct. 16. He has encouraged students to enroll elsewhere until he can reopen schools. “We are Panther nation,” he said. “We love our athletes. We love our academia. We love our community.”

Teachers have been displaced, too. Some returned to homes left uninhabitable and now live in campers in a nearby state park that offered a free place for the hurricane homeless to stay.

I don’t have any answers for this. I’d like to know what answers Greg Abbott and his recovery czar, John Sharp, have. An awful lot of students and their parents need to hear it.

Ruby Polanco

This happened late last month, and kind of got lost in the Harvey fallout.

Ruby Polanco

A year after Ruby Polanco first noticed that the San Antonio Independent School District’s non-discrimination statement for students and employees didn’t mention gender identity, gender expression or sexual orientation, the 17-year-old won her first policy victory.

Polanco submitted a petition and spoke to SAISD’s board of trustees, which voted unanimously last week to add those categories.

“It’s a matter of protection and equal education and safety for all, especially the district’s most vulnerable members,” Polanco told the board. “What makes discrimination based on other factors more significant than discrimination based on gender identity, gender expression and sexual orientation?”

Not counting Twitter, it was Polanco’s first foray into advocacy — but she isn’t done. The Young Women’s Leadership Academy senior is contacting other school districts around the state and urging them to make the same changes.

“I want to do more for those districts where students are still left out of those statements,” Polanco said.

[…]

SAISD’s non-discrimination statements already prohibited gender-based discrimination against students or employees, and its non-discrimination policy for students included an explanation that gender-based harassment included “conduct based on the student’s gender, the student’s expression of characteristics perceived as stereotypical for the student’s gender, or the student’s failure to conform to stereotypical notions of masculinity or femininity.” The policy gave examples of gender-based harassment “regardless of the student’s or the harasser’s actual or perceived sexual orientation or gender identity.”

Even with that definition, Polanco said, districts need to be more specific as times change.

“Without that language, it can be interpreted different ways,” she said. “If a transgender girl had applied to our school before, it would be a question, but now it’s a reassurance: You will not be discriminated against.”

SAISD’s official statement is here. The updated policy was adopted on August 21, but it wasn’t until last week at the subsequent board meeting that the conservative backlash began in earnest. There’s nothing new here under the sun – the same tiresome lies are being used against the policy by the usual assortment of liars and the rabble they are able to rouse with those lies – but if we’ve learned anything from the HERO fight, it’s that one cannot sleep on this cacophony. So please, my friends and fellow travelers in San Antonio, get organized and be prepared for whatever campaign activity these jokers have planned. And please make sure Ruby Polanco gets all the support she needs to keep doing what she’s doing. We need more like her.

Some schools will have longer days

Seems like a reasonable approach, all things considered.

School days will grow longer for students at 11 Houston Independent School District campuses after the Board of Education voted Thursday night to extend school days to stay in compliance with state law.

The next step is for the Texas Education Agency to grant Houston ISD nine disaster waivers for classes missed from Aug. 28 to Sept. 8 due to Hurricane Harvey. If okayed by TEA, HISD students will likely not have to make up those days during the coming school year, but a handful of schools opening in the coming two weeks will need to make up time.

Superintendent Richard Carranza said the district had three options to comply with the state law: cut short already planned holidays, tack days on to the end of the school year or lengthen the school day.

“There is no perfect situation,” Carranza said. “But we are also very committed to make sure the additional time required for students won’t just be seat time. We’re going to have enrichment activities and teachers informed in trauma pedagogy.”

The lengthened school days will only be in effect for the fall semester. Students at all schools will be on regular schedules beginning in 2018.

HISD’s statement about this, which includes a link to the revised academic calendar, is here. Five early release days were also eliminated, which includes one this Thursday. Existing holidays were kept intact on the grounds that people have made travel plans based on them. Hopefully by the end of the fall semester, everyone will be sufficiently caught up that no further alterations will be needed.

More on recapture and the Rainy Day Fund

There are some conditions that have to be met to get our recapture money back.

Houston Independent School District won’t have to hand millions of dollars to the state to spend at other schools if HISD needs that money to recover from Hurricane Harvey, but the district will have to apply for that money, Texas Education Commissioner Mike Morath said Friday.

The same goes for any of the roughly 250 school districts in declared disaster areas that are required to pay so-called recapture payments to the state as part of the “Robin Hood” program that siphons money from property wealthy school districts to give to property poor ones.

Morath, who leads the Texas Education Agency, said school districts will need to apply for the funds with the state and pay any recapture money not need for Harvey recovery. First, districts will have to exhaust their insurance and federal aid before trying to tap that money, he said.

“They have to have exhausted all their other funding sources first,” said Morath.

See here for the background. I get it, we want to make sure that all sources of recovery revenue are fully tapped. Let’s just make sure this doesn’t turn into a reason to nickel-and-dime the school districts, or to bury them under paperwork. The priority is the kids and their schools and teachers. We should not lose sight of that.

In related news, the state may make a bigger commitment to helping school districts recover.

Lt. Gov. Dan Patrick and Education Commissioner Mike Morath signaled Wednesday that the state will use rainy day funds to help schools saddled with Hurricane Harvey-related expenses, but the chances are slim that the state will delay state standardized tests planned for next spring.

Patrick, a Houston Republican, made vows to close to 45 superintendents from storm damaged areas in southeast Texas that he would support holding funding at current levels for school districts losing students due to Harvey, and for increasing money for school systems gaining displaced students.

[…]

Morath’s statements came one day after Patrick met with superintendents vowing state aid for storm-related costs not covered by insurance or the Federal Emergency Management Agency. The promise came during a meeting Tuesday between Patrick and administrators of school districts affected by flooding.

In a press release sent late Wednesday, Patrick doubled down on that support, but stopped short of promising the state would cover all costs not covered by insurance plans and federal agencies.

The state aid could help prevent deep financial cuts in the hardest-hit school districts, and it could keep districts’ “rainy day” funds intact. Several districts, including Houston and Aldine ISDs, dipped into their reserve funds this year to balance their budgets.

In a statement, Humble ISD Superintendent Elizabeth Fagen said Patrick “made it clear that it was his goal for districts to be made whole financially, both in terms of funding related to student attendance and facility repairs.” District officials don’t have an estimate of storm-related costs, but Kingwood High School, home to 2,800 students, will be closed for at least several months due to flood damage.

“The state’s intent to protect schools will help make a very difficult year more manageable, and we are encouraged,” Fagen said.

I’m glad, but I’m not inclined to take Dan Patrick’s word on anything, so I’ll want to see how this plays out. I can’t think of a good reason why the state shouldn’t completely fill any gaps that are left by insurance and the feds. There’s plenty of money in the Rainy Day Fund, and using it in this fashion would help districts avoid painful cuts or possibly tax increases. There needs to be a commitment to getting every district, school, and student back to where they were before the storm. If that’s asking for a lot, well, Harvey did a lot of damage. Are we going to shrug our shoulders, or are we going to be up to the challenge?

House to study Harvey-related issues

Good to see.

Rep. Joe Straus

House Speaker Joe Straus is asking three House committees to wade into issues related to Hurricane Harvey, including how the state can maximize federal funds and whether to rethink how to grade schools affected by the storm this year.

Straus issued five interim charges Thursday, focused largely on education issues, like the scope of damage to schools and figuring out how to help districts absorbing students displaced by Harvey. He also wants lawmakers to look at student testing and accountability to “prevent unintended punitive consequences to both students and districts.”

[…]

Straus’ other charges include taking a close look at the state’s infrastructure and use of state and federal funds during storm recovery and review the role of regional entities to developing flood control projects.

“Hurricane Harvey has devastated our state and upended the lives of millions of Texans,” said Straus said in a letter to House members asking for further suggestions of issues lawmakers should study leading up to the next legislative session that begins in January of 2019. “The importance of getting these issues right when we meet again demands that we start working on them now.”

As we know, the TEA isn’t inclined to cut school districts any slack at this time, so it’s nice for the Lege to look at that. I’ll be very interested to see what they come up with regarding infrastructure. As noted before, we authorized a fund for building reservoirs and the like. What are we doing with that, and can we use it for flood mitigation instead of drought mitigation? This seems like as good a time as any to find out. The Trib has more.

Don’t expect any STAAR slack

Sorry, kids.

Texas Education Commissioner Mike Morath said Wednesday morning that the state was not likely to let students displaced by Hurricane Harvey delay a required state test this school year — or to change the way school districts are graded at the end of the school year.

“I would say, given the information I have, it doesn’t look likely that we would be able to make too many changes on assessment, and for that matter, on accountability,” Morath told the State Board of Education. “We haven’t made any final decisions yet. But we still want to make sure students know how to read, write and do math.”

Educators and advocates for fewer state tests said they were dismayed by Morath’s statement and hope he will consider waiving requirements for southeast Texas districts that have had to postpone classes. State Rep. Dan Huberty, chair of the House Public Education Committee, said he has heard from constituents on the matter and will hold a public hearing in the next few weeks to consider how the Legislature can help schools impacted by August’s storm.

Huberty, a Houston Republican, said he plans to invite educators from all impacted schools to testify.

[…]

“We had a dramatic and traumatic event just occur that affected so many folks in the southeast Texas area,” said Bret Champion, superintendent of Klein ISD, located just north of Houston. “We absolutely are about teaching rigorous material around academics, but we also provide for an awful lot of social-emotional wellness” for traumatized students.

Champion suggested the state consider moving the test dates back. Klein ISD students missed seven days of classes, as administrators surveyed flooded buildings. Teachers and students are still cleaning out flooded homes, and some have lost everything. “A little more time to be able to assess that would be helpful,” he said.

Two advisory groups of educators, legislative representatives and businesspeople meet twice a year to discuss the accountability system for school districts and advise Morath on how to implement it. Laura Yeager, who has served as an adviser for the past two years, said she will bring up waiving accountability grades for school districts at the upcoming October meeting.

“I’m not sure how they can rate a district or student on growth when they have lost or gained so many students,” said Yeager, who is also a board member of Texans Advocating for Meaningful State Assessment, which has lobbied the Legislature for fewer state tests.

I hope Commissioner Morath will take his time making a final decision. Champion and Yeager have both raised valid concerns that should be taken seriously. It may be that displaced students will do just fine and the overall effect of Harvey will be minimal, but if it isn’t there shouldn’t be a penalty for that. Morath and the TEA need to keep an open mind about this.

What will this school year be like?

School has finally started for most of HISD and many surrounding districts, but with the devastation and disruption of Harvey, what can we expect from this academic year?

Many students in Houston ISD lost everything – their homes, their school supplies, their clothes, their toys.

Some are staying in the mega-shelters at the George R. Brown Convention Center and NRG Park. Others were flown by military helicopter to Dallas and San Antonio, where they have already started school. Still more are shaken after being plucked from their flooded homes by boats and Humvees.

With more than 600,000 Houston-area students set to return to the classroom Monday, teachers and school officials wonder how many will show up – and if they’ll be ready to learn.

And at some schools, business as usual will be a distant memory.

“It’s hard to focus on the lesson of the day when you’re worried about, ‘How is my home? How is my family?” said Ezemenari Obasi, associate dean for research in the University of Houston’s College of Education. “Those questions and worries become more salient than the lesson plan at school.”

[…]

While school can help provide some sense of normalcy, Obasi said paying attention to lessons and regurgitating a year’s worth of knowledge during hours-long standardized tests could prove much more difficult for flood-affected students.

He said the brain’s ability to focus can be severely hampered after experiencing significant anxiety, especially for children and teens’ whose brains are still developing.

“It’s really difficult to assess a person’s capacity when they’re not 100 percent available to focus and attempt the task,” Obasi said. “Many things we measure in schools involve students having to focus. They have to have good spatial processing or cognitive abilities, and if you can’t focus, it’s going to be extremely difficult to do anything, let alone ace an important standardized test.”

Obasi said stress can cause a host of physical and mental ailments, from sleeplessness and an inability to concentrate in the short-term to addiction and diabetes in the long-term.

Exhaustion is a real concern, Obasi said, as many have issues falling asleep and staying asleep during times of significant stress. On top of that, anxiety can hamper the brain’s ability each morning to release cortisol, a hormone that helps people get out of bed and going, making such tasks exponentially more tiresome for students.

Then there are the constant distractions – random triggers that will remind students of the worst days of their lives, questions about where their family will live, uncertainty about where their next meal will come from.

There are so many challenges facing HISD this year, from schools that aren’t ready to open and in some cases may never be to teachers who are still dealing with their own damaged houses and cars to students who have been displaced to points unknown. Indeed, quite a few of these students are now homeless, for who knows how long.

The Texas Homeless Education Office estimates that about 35,000 to 40,000 students have been affected by Hurricane Harvey. On top of that, more than 200 school districts and charter schools statewide canceled or delayed classes, some indefinitely.

Jeanne Stamp, the office’s director, said some families have relocated to Dallas and San Antonio but Houston is sure to see their already large number of homeless children balloon.

Federal protections require schools to immediately enroll children who have lost their regular homes, including those affected by a natural disaster.

That federal law allows homeless children to either stay in the school they were attending or enroll in the school in the neighborhood where they are currently staying, with transportation costs divided equally between the two districts if there’s a funding dispute.

The Texas “Third Choice” law goes even further, allowing homeless students the choice to enroll in any school district in the state, regardless of their school of origin or the location of the place where they are staying.

But the state law doesn’t require transportation to be provided, something Michael Santos, an attorney with the National Law Center on Homelessness and Poverty, urged schools to offer in order to comply with the over-arching federal law.

“That falls under the obligation to remove barriers for the student attending school,” Santos said. “Transportation is controversial and it’s expensive.”

For Houston, the transportation issue could be even more heightened as many displaced families are likely to have to commute across the sprawling metro area, between where they want to go to school and where they’re stuck sleeping at night.

“Sometimes public bus passes help get kids to school. Sometimes parents have a vehicle but don’t have funds for gas,” Stamp said. “It is a very costly piece of the service but it’s a necessarily piece of the service.”

Hey, you know what one of the ancillary effects of HISD going into recapture was? They lost state funding for transportation. Hell of a time for that to happen, with all these students needing to travel farther to go to school, right? Layered on top of all that is the takeover threat from the TEA if certain campuses don’t show sufficient improvement on the STAAR test. I don’t know how the state can enforce that threat in good conscience this year given the extreme exogenous circumstances HISD must deal with, but as yet there’s been no discussion, let alone decisions, to that effect.

The point is that this was going to be a tough year for HISD no matter what, but before Harvey hit you could see a path to holding off the TEA from doing anything undesirable. It’s a lot harder to see such a path now. And as bad as HISD has it, some others have it worse. This is why some folks are petitioning for a halt to STAAR testing for the ISDs affected by Harvey. I don’t think that will get anywhere, and to be honest I’m not sure that it should. But I do know that the TEA and the Lege need to take a far more measured approach to accountability this year. No one – no student, no school, no district – should be penalized for having to go through all this.

Most but not all HISD schools will open Monday

Here’s the latest.

Nine storm-damaged Houston ISD campuses will remain temporarily closed when many district students return to classes for the fall following a two-week delay caused by Hurricane Harvey, Superintendent Richard Carranza said Thursday. Meanwhile, students at nearly 80 schools won’t return to classes until either Sept. 18 or Sept. 25.

District officials released specific campus information about the nine schools that won’t immediately re-open. They are Scarborough, Hilliard, Robinson, Mitchell, Kolter, Braeburn and Askew elementary schools; Burbank Middle School; and Liberty High School

Those campuses were home to about 6,500 students in the 2016-17 school year, with all serving between 450 students and 950 students.

“Some of those schools will probably not open for the rest of the school year,” Carranza said. “Some schools will have co-location for a matter of weeks, sometimes months, and in some cases, longer than that.”

Information about where students from the storm-damaged schools will start classes, as well as information about which schools will open on Sept. 18 or Sept. 25, was to be released Thursday evening. Of the district’s 284 schools, 202 will be ready to open on Monday, Carranza said.

See here for the full announcement, and here for the database where you can look up your school’s opening date. Both of the schools my girls attend are among the 202 opening on the 11th, which had been the previous goal for all schools. Circumstances change, and you can’t send kids to a school that isn’t safe for them. It’s gonna be a hell of a year. The Press has more.

The case for calling a Harvey special session

Rep. Gene Wu disagrees with Greg Abbott’s decision.

Rep. Gene Wu

The historic level of damage and suffering caused by Harvey requires that we tap into our state’s Rainy Day Fund. Gov. Greg Abbott’s decision to not call a special session of the Texas Legislature to access emergency funding will worsen the long-term economic effects of one of the most powerful storms to ever land on our shores.

Abbott has stated that there is no need for a special session, implicitly saying that there is no need to tap into the Economic Stabilization Fund — our state’s savings account, commonly known as the Rainy Day Fund — and that existing resources are sufficient to deal with the widespread devastation caused by Harvey.

However, if there has been one lesson that I’ve learned in my three terms in the Legislature, it’s that existing resources are never adequate in Texas. Our schools continue to be some of the worst funded in the nation, half of our rural hospitals are on the verge of closing, and we barely maintain our existing infrastructure. Texas mostly skates by on a combination of luck and creative accounting. But more importantly, what we have budgeted for are common occurrences and normal disasters. The historic level of damage from Harvey is anything but common.

[…]

The Rainy Day Fund is available right now. The Texas Legislature needs to only meet for a few days and send a bill to the governor to access the funds. There is strong bipartisan support because members understand the desperate need for a quick response. In this past legislative session, conservative members argued that the fund should not be used for “reoccurring” expenses because we needed to save it for one-time emergencies. This is that emergency.

The state could provide immediate, low-interest or no-interest small loans to help businesses rebuild quickly. The money could go to help Houston ISD to repair the more than 200 schools that suffered flood damage, including 53 with critical damage. Harris County could use the funds to expedite repairs so that courts and the jury assembly center are not closed for the next three months. Outside of the Houston area, entire cities need to be rebuilt. Simply leaving local counties and municipalities on their own to rebuild means a slower recovery — possibly causing businesses to close or leave our state, and taking jobs with them.

See here for the background. I guess I’m not fully clear on what the Legislative Budget Board can and cannot do, and what gaps there would be if only the LBB gets to act. I do think Rep. Wu is right on about appropriating money to the schools and school districts that have been heavily damaged by Harvey. I can’t think of a better use of Rainy Day Fund money than to make schools safe and available for students again. Again, if the LBB can do this, great. It will be a lot less messy that way – I mean, if you think the jackasses of the Freedom Caucus won’t try to screw with an emergency appropriations bill for school repairs, I have to ask what Legislature you’ve been watching – but if the LBB can’t do that, then a special session it needs to be.

Many schools were damaged by Harvey

This will add so much more disruption to the Harvey recovery efforts.

More than 10,000 Houston Independent School District students are expected to start classes in temporary quarters as officials work to repair hundreds of campuses damaged by Hurricane Harvey, Superintendent Richard Carranza said Saturday.

Carranza said the district still plans to start school on Sept. 11, though officials have not yet decided which campuses will be temporarily closed or where displaced students will be sent. Those calls will be made no earlier than Tuesday, he said.

“There is that slight chance there will be a delay past Sept. 11, but we’re working with all due haste to make sure we’re going to meet that deadline,” Carranza said. “There has always been the caveat that we will not put students and staff in harm’s way.”

The damage estimates come as school districts across the Houston area struggled to open their doors after widespread flooding. Cy-Fair ISD on Saturday pushed its start date back to Sept. 11, citing sewage issues at several schools.

Humble ISD set a Sept. 7 return date, but alerted parents Saturday that Kingwood High School could be closed all year.

“Flood waters devastated KHS,” according to a notice posted on the district’s website. “The building is unsafe and unhealthy.”

[…]

In Houston ISD, at least 200 of the 245 schools inspected were found to have sustained damage, officials said. Of those, 53 sustained “major” damage and 22 had “extensive” damage, the most severe label given by district officials.

Another 30 or so schools were still being inspected, including 15 that had been inaccessible because of severe flooding around the buildings, HISD Chief Operating Officer Brian Busby said early Saturday. The district operates 280 schools.

“There may be a situation where a school is so badly damaged that we may not be able to re-open that school,” Carranza said, after a tour of waterlogged Hilliard Elementary in northeast Houston on Saturday. “It’s too early right now to make that call.”

There’s too much to try to capture in excerpts, so go read the rest. Pretty much everything is on the table – sharing school buildings with different shifts for classes, busing kids to other schools, who knows what else. How will this affect things like STAAR testing and the TEA takeover threat that the district faces? No one knows right now. It’s going to be a crazy, disjointed, bizarre year, here and in other districts. Honestly, given that some districts that were directly in the path of Harvey when it was still a hurricane are unable to function at all and will have to send their students to another district altogether, it could be worse. It’s still pretty bad, and it will be bad all year. We will get through it, but it’s going to take a lot of effort and in the end a huge amount of money.

HISD will begin classes on September 11

Another week off for students.

As Houston ISD continues to sort out which of its schools were damaged in Tropical Storm Harvey, school officials are postponing the start of the school year until Sept. 11, two weeks after school was supposed to start.

In an email to campus leaders, Houston ISD said school administrators in Texas’ largest school district will report for duty on Sept. 5, while teachers will report to their schools Sept. 8. Students will return Sept. 11.

Superintendent Richard Carranza told the Chronicle more than 35 campuses have been damaged in the storm, though its unclear how many of those sustained extensive damage and how many received minor damage.

“We are eager to get our students back into the classroom and learning. We want to provide the stability of a routine, as well as the three nutritious meals a day that so many of our families depend on,” said HISD Superintendent Richard Carranza. “But we also need to be sure that our campuses are safe and that Houston’s infrastructure and roads are ready to handle transporting our students safely to school. Our team is currently assessing any damages to our more than 280 schools from Hurricane Harvey, and I want to thank them for their efforts.”

In the email to principals, Carranza wrote that at least seven campuses would be re-routing students or would start a bit later. The email did not specify which schools were among the seven.

See here for the official announcement. I’m sure everyone, including most of the students, are ready to get back to school, as doing so will help restore a sense of normalcy. It’s hard to fault the district for wanting to ensure that all their facilities are safe first. Good luck to everyone figuring out what to do with their kids for another week.

HISD cancels classes for a week

Another effect of Harvey.

Houston Independent School District schools and offices will be closed all week, from Monday, Aug. 28 through Friday, Sept. 1, due to widespread damage from Tropical Storm Harvey.

HISD officials have been closely monitoring the forecast and have determined that the storms and heavy rains that affected parts of the city make conditions too dangerous for school to begin any sooner. Many in our HISD family will be dealing with the task of cleaning up the damage Harvey left behind. As a result, all HISD schools and district administrative offices will be closed all week.

Schools and offices are expected to reopen at their regularly scheduled time on Tuesday, Sept. 5. (Monday, Sept. 4 is the Labor Day holiday.)

For additional updates, please visit www.HoustonISD.org, or call the HISD Inclement Weather Hotline at 713-556-9595. You can sign up for HISD text message alerts to receive updates on school weather conditions by texting YES to 68453. You also can follow the district on Twitter and Facebook: twitter.com/houstonisd and facebook.com/houstonisd.

Other school districts are taking similar action. As I told my daughters yesterday morning when this news was announced, expect to start summer vacation a week later as a result. Sorry, kids.

As for the overall effects of Harvey, well, Houston’s worst storm on record is a succinct summary. I was checking Facebook all day yesterday and kept seeing updates from friends who had evacuated their homes, were dealing with water in their homes, or were hoping that the water wouldn’t get any closer. I’m high and dry, but there’s basically no way into or out of my neighborhood right now. It’s an amazingly helpless feeling, accompanied by a strong sense of guilt for being one of the lucky ones. If you want to help, here’s one way:

Because of the devastating and widespread flooding already seen in the Greater Houston area from Hurricane Harvey, United Way of Greater Houston has established a Flood Relief Fund to help with the recovery needs of those most impacted. All monies raised by United Way’s Flood Relief Fund will be used to help with both immediate, basic needs and long-term recovery services such as case management and minor home repair.

“Our first priority will be safety, shelter and basic needs such as food and essentials for those affected,” said Anna M. Babin, president and CEO of United Way of Greater Houston. “Once the community is stabilized, then United Way will focus on long-term recovery efforts. Since this situation is still unfolding, we realize the needs will be great.”

As a leading community resource in times of disaster, United Way invests in first response efforts through its partnerships with organizations such as American Red Cross and Salvation Army. Babin explained that United Way of Greater Houston maintains a disaster reserve fund, which will be tapped for this storm effort, however because of the widespread devastation already seen, the needs of those impacted will far exceed existing resources.

Babin added that, following disastrous storm events like Hurricane Harvey, United Way serves as the convening organization to bring together non-profit and community partners as well as civic and government stakeholders from throughout the Greater Houston area to coordinate recovery efforts, both assessing the needs and providing support where it is needed most.

In addition, United Way operates 2-1-1 Texas / United Way HELPLINE which is the community’s key information source before, during and after a storm. United Way’s 2-1-1 is the one call for those impacted who don’t know where to call, providing the most updated information on shelters, basic needs assistance and,once the flood waters subside, long-term recovery support.

“We know that damage from a storm of Harvey’s magnitude can be a major setback for individuals and families, especially the most vulnerable,” said Babin. “We also know that Houston is a very generous and caring community, so we are urging those who can help to please do so by contributing to the flood relief fund.”

Go here to make a donation, or text UWFLOOD to 41444. If you want other ways to help, Texas Monthly compiled a handy list for you. Thanks, and stay safe.

HISD gets some improvements, needs some more

Mostly good news.

State school ratings released Tuesday showed academic gains across Houston ISD this year, but enthusiasm over the results was tempered by 10 struggling campuses again falling short of state standards, leaving the district under threat of state intervention and even takeover next year without more progress.

District administrators heralded the results, released publicly by the Texas Education Agency, while also pledging to buckle down at the 10 schools that have now received at least four straight “improvement required” marks.

HISD officials were warned last week that a 2015 state law requires either the closure of schools that receive five straight “improvement required” ratings as of August 2018 or the state takeover of local boards in districts with chronically failing schools.

In the Houston area, three other districts had faced possible state intervention if long-failing schools didn’t show improvement. Those districts — Aldine, Alief and Spring Branch — all made the grade Tuesday, removing the threat for those systems.

That left only Houston ISD, which faces a monumental task in the coming months: Turn around 10 schools in high-minority, high-poverty areas that have repeatedly not met state standards. They are Blackshear, Dogan, Highland Heights, Mading and Wesley elementary schools; Henry Middle School; Woodson PK-8 School; and Kashmere, Wheatley and Worthing high schools.

District officials have said they plan to devote additional resources to those campuses, fill all vacant positions in them, and work with local leaders — including Mayor Sylvester Turner — to secure other aid for those students.

“It’s what we wake up thinking about. It’s what we go to sleep thinking about, if we even go to sleep,” Superintendent Richard Carranza said Tuesday.

Still, Carranza saw positives in the results. Of 259 Houston ISD campuses graded by the state, 27 were labeled “improvement required,” the lowest number in the five-year history of the ratings. And after multiple years of failing grades, four campuses — Cook, Kashmere Gardens and Lewis elementary schools and Victory Prep South, a charter high school — met state standards in 2017.

“I’m incredibly excited, incredibly buoyed by the results,” said Carranza, who was brought to Houston a year ago from San Francisco, where he was schools superintendent. “For 90 percent to be performing so well is a great achievement.”

See here for the background, and click over to the story to see the ratings. Clearly, progress has been made, but the question is how much that will count for if some or all of those still-underperforming schools are on the list again next year. The Press has more.

HISD and the TEA

Still catching up on things.

Texas education officials are warning that Houston ISD could be placed under the jurisdiction of state-appointed managers as early as next year if 13 district schools don’t show improvement.

The warning was issued during a meeting [last] Monday between Texas Education Agency officials and Houston’s legislative delegation.

TEA officials told lawmakers that if even one of the district’s 13 schools that has struggled for at least the past three years receives failing accountability marks in 2017 and again in 2018, it could trigger state oversight of the entire district. Alternatively, the state agency could take over individual, chronically failing campuses.

Houston ISD is among 46 independent school districts that could face such sweeping changes thanks to a law passed by the Republican-controlled legislature in 2015 that targets schools that have been in “improvement required” status for five or more years, as of the 2018-2019 school year.

[…]

“Houston ISD is aware of major concerns the Texas Education Agency has expressed regarding several of our schools considered ‘chronically underperforming,'” the district said in a written statement Tuesday. “HISD shares the agency’s concerns and is working closely with TEA on the transformative work we must do at the local level to ensure every HISD student receives an excellent education.”

District officials said Wednesday that state officials told them only eight of their campuses, along with two charter schools it took over in 2016-17, must improve to avoid triggering the new law.

The discrepancy is due to conflicting interpretations of the law. Houston ISD believes its only at-risk campuses are those with six straight “improvement required” ratings as of 2018. The Texas Education Agency confirmed Wednesday that schools with five straight “improvement required” ratings as of 2018 put the district at risk.

Houston ISD officials also said Wednesday that they expect some schools to break their “improvement required” streak in 2017. They declined to specify how many. School districts have received preliminary school ratings for 2017, but they will not be publicly released until next week.

Several other large school districts — including the Dallas, Fort Worth, San Antonio, Corpus Christi and Waco ISDs — also have multiple struggling campuses that could fall into “improvement required” status again this year and in 2018, potentially prompting a state takeover.

Locally, the Aldine, Alief, Brazosport, Galveston, Spring Branch and Victoria ISDs all have at least one campus that could potentially trigger such major changes by 2018.

Bob Sanborn, president and CEO of the advocacy group Children at Risk, said Houston ISD and other districts facing potential state takeover are not in nearly as dire straits academically or financially as other districts that the TEA has taken control of or forced to close. He said data supported the TEA’s closing of North Forest ISD in 2013 and of La Marque ISD in 2016.

“HISD on the other hand, and Dallas ISD — they clearly have many success stories, many good schools,” Sanborn said. “Dallas and Houston ISDs have a lot of high-performing, high-poverty schools, and if you look at Houston ISD’s record in the last five years they have seen a turnaround.

It’s hard to believe the state could do more to enhance that turnaround than what’s already being completed.”

For sure it’s hard to imagine the TEA being better equipped to handle a challenge like that. HISD was good enough to be the landing place for North Forest ISD students – by the way, have we ever seen any data about how those students have fared since the NFISD shutdown? – and I doubt anyone would argue that it’s substantially worse since 2013. I imagine there will be a lot of discussion about this, so I have hope that a sensible solution will be found. The Chron wants Mayor Turner to be involved, and while I think he should have a role as advocate, I’m not sure what more he can or should do, given that HISD is a completely separate governing body. But yes, he should speak out and forcefully advocate for not screwing around with what is overall a pretty successful school district, as should all invested stakeholders. And if we’re honest with ourselves, we should remember that poverty is the common factor among these schools, and while some schools and some students can overcome that, there is a lot more that the state and the federal government could do to help more schools and students overcome it as well. There’s blame that goes beyond HISD, is what I’m saying. Campos has more.

House passes school finance bills

I doubt they’ll meet a different fate than they did in the regular session, but kudos anyway.

Rep. Dan Huberty

The Texas House on Friday passed a package of bills that would put $1.8 billion into public schools and help out struggling small, rural school districts.

House members voted 130-12 to approve the lower chamber’s main piece of school finance legislation, House Bill 21, just as they did during the regular session. The House also voted 131-11 to pass House Bill 30, which would fund the school finance bill by putting $1.8 billion into public schools. Once the House gives the measures final approval, they will head to the Senate.

The funds cited in the legislation would come from deferring a payment to public schools from fiscal year 2019 to 2020, and would allow an increase in the base funding per student from $5,140 to $5,350 statewide.

[…]

The House Public Education Committee’s chairman, state Rep. Dan Huberty, R-Houston, the author of HB 21, has pushed his bill as a preliminary step to fixing a beleaguered system for allocating money to public schools.

“You cannot have property tax reform unless you have school finance reform. That is just a fact,” he said Friday. “We have the time to get this done. We just have to have the will to get this done.”

HB 21 would increase the base per-student funding the state gives to school districts, in part by increasing funding for students who are dyslexic and bilingual. It would also gradually remove an existing financial penalty for school districts smaller than 300 square miles, which was originally intended to encourage them to consolidate.

[…]

The House voted 67-61 Friday against approving House Bill 22, a separate measure that would have continued ASATR for two years before letting it expire in September 2019. Some school districts have warned they might have to close without the program, which totaled about $400 million this year.

See here for the first go-round on HB21, and here for the ASATR story. I don’t expect anything to happen with any of this, but I suppose a surprise is possible. The House and the Senate are on such different pages that it seems unlikely in the extreme, though.

Halfway through the session

The House is doing House things, and that’s fine.

Rep. Joe Straus

Brushing aside concerns that they are not moving swiftly enough to enact Gov. Greg Abbott’s 20-point agenda, Texas House members opened the second half of the special session Wednesday with a flurry of activity Wednesday.

“We made good progress, and we’re only half the way through,” House Speaker Joe Straus told the American-Statesman.

“I’ve been spending my time, the first half of the 30-day session, trying to get the House in a place to consider the items that the governor has placed on the agenda,” said Straus, a San Antonio Republican. “We work more slowly than the Senate does because we listen to people and we try to get the details right. And so the House committees have been meeting and have shown some good progress, moving many of the items that are on the call.”

[…]

Straus has indicated he opposes a measure — favored by Patrick — that would pre-empt schools and local jurisdictions from making their own transgender friendly bathroom rules.

But, its sponsor, Rep. Ron Simmons, R-Carrollton, said he considered that bill an “outlier” — the only one he knows of that Straus explicitly opposes, “and so it’s not surprising to me that that has not moved expeditiously.”

Simmons said there had been an effort to discourage members to sign on to his bill and so he only had about 50 members willing to do so, far fewer than in the regular session.

Of his other bill on school choice for special needs students — also part of Abbott’s agenda — Simmons said, “I’m not sure it will get voted out of committee.” He said he holds out a faint hope that it might advance if there is some “grand bargain” on education.

“The governor wants school finance and we’re going to do that; we’re going to pass our plan on Friday,” said Rep. Dan Huberty, R-Houston, chairman of the Public Education Committee. “I think it’s very clear that the House has not agreed on the voucher issue, but we have a solution to help special needs students.”

“The House is doing what it should do, which is being deliberative, thoughtful and being sure that legislation that we would pass is sound policy that would benefit the citizens of the state of Texas,” said Rep. Byron Cook, R-Corsicana, chairman of the State Affairs Committee. “The House is not built for speed.”

“This is the House,” said Rep. Craig Goldman, R-Fort Worth, who chairs the House Republican Caucus Policy Committee. “We will use all 30 days. There’s plenty of time.”

Goldman said it looks like the bill he is carrying for the governor to pre-empt local cellphone ordinances is unlikely to make it out of committee.

“Nothing nefarious,” he said; there’s just too much opposition from local police and elected officials who hold great sway with House members.

Imagine that, listening to stakeholders. Who knew? The House will pass more bills, some of which will be amenable to the Senate and some of which will not. Expect to see a lot of gamesmanship, passive aggressiveness, and the occasional bit of decent policymaking, though that latter item is strictly optional.

What West Texas can do to improve their schools

Here’s an op-ed from the Statesman about one educator in West Texas who has had enough.

My hero this week is Graydon Hicks, Fort Davis superintendent of schools.

A West Texas publication published his open letter to Gov. Greg Abbott and Lt. Gov. Dan Patrick raking them over the coals for “the lack of positive legislative action for public schools in Texas” at the most recent session, which adjourned at the end of May without passing a school finance bill.

Hicks is a West Point graduate and an experienced school administrator. He is no-nonsense guy who does not mince words. After detailing the effect of shrinking state financial support for public schools on Fort Davis schools over the past 10 years — combined with an increasing number of unfunded mandates and requirements — Hicks wrote, “How much more do you want to harm our children?

“If your intent is to dissolve public education (and your actions are more than a clear signal of such), then simply go on the record with that statement and remove the state’s authority to further overburden us without financial support. Quit pontificating about bathrooms. Quit hiding your intentions behind righteous statements about school vouchers and choice.”

Hicks accompanied his letter with a chart showing the annually declining amount of state funding available to the Fort Davis school district and the increasing burden on local taxpayers since 2008. That year, state funding amounted to $3.9 million, or 68 percent of the school district’s budget. Local property taxes provided $1.8 million, or 32 percent. In 2017, the state will contribute $378,000 — about one-tenth of its 2008 commitment, or 15 percent of the total budget. Local taxes this year will provide $2.2 million, or 85 percent.

“The Fort Davis ISD has 226 students,” Hicks wrote. “It has no cafeteria, has no bus routes, has dropped our band program, has eliminated (or not filled) 15 staff positions, has cut stipends for extra-curricular activities, has frozen (or reduced) staff pay for one year, has cut extra-curricular programs, has no debt, and has increased our local tax rate to the maximum allowed by the law.

“We have nothing left to cut.”

I agree that Superintendent Hicks sounds like a fine fellow who is speaking truth to power. That said, I feel compelled to point out how Jeff Davis County (*), which is where Fort Davis ISD, voted in the last gubernatorial election:


Governor
			
Greg Abbott             623  60.54%
Wendy R. Davis          366  35.57%
Kathie Glass             31   3.01%
Brandon Parmer            9   0.87%


Lieutenant Governor
			
Dan Patrick             560  56.62%
Leticia Van de Putte    375  37.92%
Robert D. Butler         48   4.85%
Chandrakantha Courtney    6   0.61%

Hold that thought. Now here’s a similar story about the school funding woes in West Texas:

Educators were excited to hear Gov. Greg Abbott announce he would call lawmakers back to Austin for a special legislative session to consider $1,000 teacher pay raises.

But Donna Hale, superintendent at 200-student Miami ISD in rural Roberts County, is wondering where the money is going to come from. An unfunded mandate, she said, could throw a wrench into their already difficult budgeting process.

“That’s the last thing we really need – the state saying you’ve got to do this when they’re not offering any support for us,” said Hale, who already doubles as the district’s librarian and said she was considering taking over as principal to cut payroll costs.

A wind farm and a sea of oil and natural gas wells in Roberts County has been good to Miami ISD, giving the district a flush tax base to pay for teachers and buildings. But its $1 billion dollar tax roll was cut in half this last year amid tumbling oil and gas prices. A state aid provision that it has relied on in recent years to guard against economic downturns expires in September and will take more than a third of the district’s budget with it.

Many rural schools like Miami ISD, the only school district in the county, are facing a similar dilemma and pleading with the State Legislature to act. Lawmakers return to the Capitol next month for a legislative overtime period, but school finance reform has taken a back seat to bills regulating bathroom use and creating a school choice program.

Again, I sympathize, and again, I wonder how did Roberts County vote in 2014?


Governor
			
Greg Abbott             324  93.91%
Wendy R. Davis           15   4.35%
Kathie Glass              5   1.45%
Brandon Parmer            1   0.29%


Lieutenant Governor			

Dan Patrick             320  93.29%
Leticia Van de Putte     12   3.50%
Robert D. Butler         10   2.92%
Chandrakantha Courtney    1   0.29%

I think you get where I’m going with this. Now, I will stipulate that in 2014, one might have been able to believe that Greg Abbott, who was touting an expansion of pre-K, and Dan Patrick, who had served as the Senate Education Committee chair and had passed some bipartisan bills during that time, could at least have been okay on education and school finance issues. Here in June of 2017, after a session that included the Senate refusing to consider HB21 and a special session that includes vouchers on the agenda, it’s really hard to believe that now. Further, both counties are represented in the Lege by pro-education members. Roberts County is served by Sen. Kel Seliger, who was the only Senate Republican to oppose the main voucher bill, and by Rep. Ken King, who was endorsed by Texas Parent PAC in the 2012 primary. Jeff Davis County has two Democrats, Sen. Jose Rodriguez and Rep. Cesar Blanco, in the Lege. Both were unopposed in 2016, and Blanco was unopposed in 2014, but in all three cases they drew a comparable number of votes to Republicans on the ballot. In addition, former Rep. Pete Gallego carried Jeff Davis County in 2010, even as Rick Perry and the rest of the Republicans were also winning it. The voters there do vote for pro-education candidates. Will they – and other counties like them – recognize in 2018 that “pro-education” does not describe Abbott or Patrick? I for one will have a lot more sympathy for their plight if they do.

(*) Yeah, I know.

House still opposes vouchers

Keep on keeping on, y’all.

The top House education leader said Sunday that “private school choice” is still dead in the lower chamber.

“We only voted six times against it in the House,” House Public Education Committee Chairman Dan Huberty said. “There’s nothing more offensive as a parent of a special-needs child than to tell me what I think I need. I’m prepared to have that discussion again. I don’t think [the Senate is] going to like it — because now I’m pissed off.”

Huberty, R-Houston, told a crowd of school administrators at a panel at the University of Texas at Austin that he plans to restart the conversation on school finance in the July-August special session after the Senate and House hit a stalemate on the issue late during the regular session. Huberty’s bill pumping $1.5 billion into public schools died after the Senate appended a “private school choice” measure, opposed by the House.

Huberty was joined by Education Committee Vice Chairman Diego Bernal, D-San Antonio, and committee member Gary VanDeaver, R-New Boston, on a panel hosted by the Texas Association of School Administrators, where they said they didn’t plan to give in to the Senate on the contentious bill subsidizing private school tuition for kids with special needs.

[…]

VanDeaver said educators have two options: They can give in to the Senate’s attempts to attach school finance and private school choice, or they can vote against legislators who want those issues linked.

“If you don’t stick up for yourselves in a real way … we are going to lose,” Bernal added.

Amen to that. The real question is why do so many Senators serve Dan Patrick’s interests instead of their districts’? You know what I say, nothing will change until the people who get elected change.

Beyond that, one wonders how this will play out. Does the House simply refuse to vote a voucher bill out of committee, or do they let it come to the floor and then vote it down? Would Greg Abbott call another special session to force the issue? How big a hissy fit does Dan Patrick throw when he is thwarted? (Spoiler alert: very big.) Bring on the tantrums, I say.

Even the SBOE opposes vouchers and the bathroom bill

A rare bout of sanity.

The Texas State Board of Education is known for its conservative ideals, but a majority of its Republican members said Tuesday they oppose GOP Gov. Greg Abbott’s demand that lawmakers pass a school voucher program and a bathroom law in next month’s special session.

Most of the education issues Abbott wants lawmakers to consider during their 30-day special session should be left to local school districts rather than dictated by the state, six Republican members of the board told the Houston Chronicle Tuesday. The six board members all said vouchers were a bad idea. Two members said they supported the Legislature taking up the issues and two others were unavailable for comment.

“Overwhelmingly, each and every member of the board looks at public education in a light that says, ‘We’re doing everything we can to promote, protect and serve the interests to some extent of public education,'” said Marty Rowley, a Republican member from Amarillo who said he opposes school vouchers and contends school leaders can manage student bathrooms. “Everyone’s perception of what school vouchers do is it doesn’t serve public education in the best manner.”

[…]

The governor also wants the Legislature to pass a bill regulating which bathrooms transgender students should use in schools — another issue considered by Patrick as a top priority.

Board members said few, if any, of their constituents or school leaders have expressed concern over how to handle bathrooms, and said schools should continue to have the flexibility to made accommodations on their own.

“There are ways for districts to deal with that,” said David Bradley, a Republican from Beaumont who votes with the board’s conservative faction. Studies have found fewer than 1 percent of Texans are transgender, and “the 1 percent does not drive policy making for the other 99 percent,” he said.

I mean, if even David Bradley thinks the bathroom bill is a waste of time, what more do you need to know? I literally can’t think of anything to add to this.

Wisconsin case undermines even the scaled back bathroom bill

Special session or not, this could be a big deal.

The U.S. Court of Appeals for the Seventh Circuit likely just handed the Supreme Court a new case about a transgender student to consider. The Court’s opinion, issued Tuesday, eviscerates a Wisconsin school’s arguments for discriminating against one of its students.

Ashton Whitaker (“Ash”), now a 17-year-old senior, first filed suit against Kenosha Unified School District a little over a year ago, arguing that the school was illegally discriminating against him by prohibiting him from accessing the boys’ restrooms. He had previously used the restroom for six months without incident before the new policy was implemented. Ash was instead forced to using single-stall restrooms that were very far away from his classes and that further stigmatized him among his classmates. His bathroom usage was then policed, with the school even considering requiring him to wear bright green wristbands or stickers to easily identify him, though it never actually took that step.

Back in September, U.S. District Judge Pamela Pepper granted Ash a preliminary injunction against the policy, ensuring he could use the facilities that match his gender identity throughout his senior year. The school appealed, but Tuesday’s ruling upholds the injunction, allowing Ash to finish out the school year without being segregated because he is transgender.

The decision is very unforgiving of the school’s arguments against Ash’s integration, to say the least.

For example, the district claimed that Ash’s harm was “self-inflicted” because he didn’t take advantage of the accommodations that were provided. The decision noted that this argument fails for a number of reasons. First, segregating him to a separate bathroom caused anxiety related to his transition, as well as the fact that it invited scrutiny from his peers. This anxiety prompted Ash to avoid drinking water to avoid using the restrooms, which exacerbated physical symptoms he experiences due to his vasovagal syncope, a condition that causes him to experience fainting and/or seizures when dehydrated.

This was all in addition to the fact that the bathrooms were on the opposite side of the building from his classes. “Therefore,” the Court wrote, “he was faced with the unenviable choice between using a bathroom that would further stigmatize him and cause him to miss class time, or avoid use of the bathroom altogether at the expense of his health.”

The district had in turn argued that allowing Ash to use the boys’ bathrooms would somehow infringe on “the privacy rights of all 22,160 students” in the district. The Court dismissed this argument as being “based upon sheer conjecture and abstraction.”

Ash had used the boys’ bathroom for six months without incident. It was only after a teacher — not a student — noticed him using the bathroom that the policy was implemented. The district also claimed to have received just one complaint, and it was from a parent — again, not a student. The Court further countered that this reasoning “ignores the practical reality of how Ash, as a transgender boy, uses the bathroom: by entering a stall and closing the door.”

The parallel to Texas isn’t exact because it was school district policy in Wisconsin that was at issue, not state law, but as Vox explains, it’s the remedy that really matters.

If existing federal law and the 14th Amendment shield trans people from discrimination, then it’s not just Whitaker’s rights that are protected here, but all trans students’. And if bans against sex discrimination in particular apply to trans people, then it’s not just students’ rights that are protected, but all trans people who face discrimination in other settings where sex discrimination is banned — so not just schools, but the workplace and housing as well.

[…]

The Seventh Circuit Court’s case does not have the limitation of being attached to the guidance or any other regulation that the Trump administration could rescind. Instead, it poses the straight question: Are trans people protected under federal law? If other courts agree with the Seventh Circuit Court, that could reshape the face of civil rights laws in America — and help fill a void that’s left trans people legally unprotected from discrimination across most of the US.

Under most states’ laws and federal law, trans people aren’t explicitly protected from discrimination in the workplace, housing, public accommodations, and schools. This means that a person can be fired from a job, evicted from a home, kicked out of a business, or denied the correct bathroom facility just because an employer, landlord, business owner, or school principal doesn’t approve of the person’s gender identity.

LGBTQ advocates argue, however, that federal civil rights law should already shield trans people from discrimination.

The argument: Discrimination against someone based on their gender identity is fundamentally rooted in sex-based expectations. For example, if someone discriminates against a trans woman, that’s largely based on the expectation that a person designated male at birth should identify as a man — a belief built on an idea of what a person of a certain sex assigned at birth should be like. So since federal civil rights laws, such as Title IX, ban sex discrimination in the workplace, housing, and schools, they should ban discrimination against trans people in these settings as well.

This isn’t just a wild interpretation by LGBTQ advocates; there’s legal precedent for it. Joshua Block, an American Civil Liberties Union attorney who worked on Grimm’s case, cited a 1998 Supreme Court case, Oncale v. Sundowner Offshore Services Inc., in which the Court unanimously agreed that bans on sex discrimination prohibit same-sex sexual harassment. Same-sex sexual harassment was not something the authors of federal civil rights laws considered, but it’s something, the Supreme Court said, that a plain reading of the law protects.

Oncale says that’s irrelevant whether [Congress] contemplated it,” Block previously told me. “That’s not how laws work. This is literal sex discrimination. Whether or not that’s what Congress was focused on doesn’t make it any less a type of discrimination covered by the statute.”

Seventh Circuit Judge Ann Claire Williams embraced this view in her ruling on Tuesday: “A policy that requires an individual to use a bathroom that does not conform with his or her gender identity punishes that individual for his or her gender non‐conformance, which in turn violates Title IX.”

But the court went even further — arguing that the Kenosha Unified School District’s actions violated the 14th Amendment. The school district claimed that it treats all boys and girls equally — meaning it forces them all to use certain bathrooms based on the sex they were assigned at birth instead of their gender identity. But Williams ruled that this is “untrue,” adding, “Rather, the School District treats transgender students like Ash, who fail to conform to the sex‐based stereotypes associated with their assigned sex at birth, differently.”

You can see how that would apply to Texas, or any other state that doesn’t already have a non-discrimination law that includes transgender people. It’s just theoretical at this point because Texas isn’t in the Seventh Circuit, but the case is a road map for any litigation that would result from the passage of even the watered-down bathroom bill that could have passed in the regular session. That won’t stop Dan Patrick, of course, and Lord only knows what the Fifth Circuit might do once such a case crossed their threshold, but the point here is that a precedent now exists, and anything the bad guys do from here will have to take that into account. RG Ratcliffe and Buzzfeed have more.

No changes to HISD magnet programs

Not this year, anyway.

Houston ISD Superintendent Richard Carranza this week withdrew a plan to deeply cut funding for the district’s magnet programs over the next three years, shelving a proposal that had angered parents and some school board members who consider the specialized academic programs to be jewels in an oft-troubled school system.

The proposed cuts, outlined in a presentation to the HISD board last week, would have eliminated all extra funding per student to many of the district’s 121 magnet programs by the 2019-2020 school year while cutting funding to many of the other programs by hundreds of dollars per student. Only funding for secondary-language and early-college programs were spared.

But after the plan triggered a backlash from magnet school supporters, Carranza and district officials pulled back the proposal and said they instead planned to conduct a review of the district’s magnet funding and programs.

HISD spokeswoman Lila Hollin said in a written statement on Wednesday that the district had no plans to cut funding or make changes to magnet schools for the coming 2017-2018 school year.

“HISD magnet programs are reviewed annually. Discussions about the equitable funding of schools – both magnet and neighborhood campuses – are part of that review process,” Hollin wrote.

She added that a comprehensive review of the magnet program would likely be completed by January.

[…]

Magnet schools and programs have been a touchy subject in Houston ISD as their prevalence and prominence has grown. While some are more diverse both in terms of race and economic status than many other district schools, critics have argued that they accept a much larger percentage of white and Asian students than those groups account for district-wide.

Only 8 percent of HISD’s students are white, according to TEA data, yet they make up about 36 percent of students at Carnegie Vanguard High. At DeBakey High, about 50 percent of the students are Asian, even though only about 4.7 percent of students district-wide belong to that ethnic group.

But the district’s demographics don’t match those of the city overall, largely because more-affluent white families have generally opted to send their children to private schools or to other districts. About 15 percent of those 18 and under in the city of Houston are white, according to Census data.

Houston ISD Trustee Anna Eastman said she’s glad the proposed cuts to magnet schools and programs appear to be off the table for next year, but she worries that any future cuts along the lines of the recent proposal would be “incredibly drastic.” She said cutting extra funding to the magnet programs is not the way to bring more diversity to those campuses.

“I think our goal should always be to create schools that draw the diversity of Houston into them and spread it across and throughout the district,” Eastman said. “I don’t think the problems in our other schools is the fault of kids in our magnet programs.”

I haven’t been paying close attention to this, but nothing that happened here surprises me. As the story notes, there have been reviews of the magnet program going on for some time, and they usually don’t get very far because the stakeholders really don’t like the proposals. The last section I quoted above captures the conflict succinctly – this program and its schools are very successful and desirable, but there’s limited space and the schools’ demographics don’t come close to mirroring the district as a whole, and they draw students away from their neighborhood schools, which can suffer as a result. It would be best to have more magnet-style programs in more schools all around the district, but that’s a hard thing to do when resources are scarce. I don’t see anything about this dynamic changing much in the near future.

School finance bill is dead

It started with this.

State Rep. Dan Huberty said Wednesday that he would not accept the Senate’s changes to his school finance bill, launching a last-ditch effort to hammer out a compromise with less than a week left in the session.

After a passionate speech railing on the Senate for gutting his bill, Huberty, a Houston Republican who is chairman of the House Public Education Committee, announced he has decided to request a conference committee with the Senate on House Bill 21.

The bill was originally intended to inject $1.5 billion into the state’s funding for the majority of public schools and to simplify some of the complex, outdated formulas for allocating money to school districts across the state. The Senate took that bill, reduced the funding to $530 million, and added what many public education advocates have called a “poison pill”: a “private school choice” program that would subsidize private school tuition and homeschooling for kids with disabilities.

“Members, some of your schools will be forced to close in the next year based on the committee substitute of House Bill 21,” as passed by the Senate, Huberty said, before moving to go to conference. “I refuse to give up. I’ll continue trying. Let’s at least attempt to rescue this bill.”

The House voted 134-15 to request a conference committee with the Senate on the bill.

See here and here for the background. The House’s request for a conference committee was denied by the Senate.

An effort to overhaul the state’s beleaguered school finance system has been declared dead after the Texas Senate Education Committee’s chairman said Wednesday that he would not appoint conferees to negotiate with the House.

“That deal is dead,” Larry Taylor, R-Friendswood, said.

Taylor’s remarks come after his counterpart in the House, Dan Huberty, R-Houston, gave a passionate speech in which he said he would not accept the Senate’s changes to House Bill 21 and would seek a conference committee with the Senate.

HB 21 was originally intended to inject $1.5 billion into the state’s funding for the majority of public schools and to simplify some of the complex, outdated formulas for allocating money to school districts across the state. The Senate took that bill, reduced the funding to $530 million, and added what many public education advocates have called a “poison pill”: a “private school choice” program that would subsidize private school tuition and homeschooling for kids with disabilities.

Lt. Gov. Dan Patrick pronounced the bill dead in a statement Wednesday afternoon.

“Although Texas House leaders have been obstinate and closed-minded on this issue throughout this session, I was hopeful when we put this package together last week that we had found an opening that would break the logjam. I simply did not believe they would vote against both disabled children and a substantial funding increase for public schools,” he said in the statement. “I was wrong. House Bill 21 is now dead.”

House Speaker Joe Straus said in a statement Wednesday that the Senate has not prioritized school finance reform this session.

“We appointed members of a conference committee today because the House was willing to continue to work on public school finance immediately. Unfortunately, the Senate walked away and left the problems facing our schools to keep getting worse,” he said.

HB 21 was the first time in years that the Legislature has taken up major school finance reform without a court mandate.

HB21 was also the vehicle for addressing the recapture issue that is costing HISD (among other districts) millions and which is being litigated on the grounds that the TEA didn’t make its changes to the formula properly. You can kiss that good-bye as well. It’s somehow fitting that the Lege could not come to an agreement on school finance, as this proves the lie of the Supreme Court ruling that insisted they could do this on their own without the Supremes forcing them to. Not as long as we have Dan Patrick presiding over this Senate they won’t. The Chron has more.

How bad is the “Patrick Lite” bathroom bill?

For one view, there’s this, from Texas Competes:

A review of press coverage shows that the Texas “bathroom bill” debate generated $216 million in publicity for the state of Texas in the period from January 10, 2016 through May 22, 2017.

During the 85th Texas legislative session, 25,774 local, state, and national articles were written about the efforts to pass bathroom and changing room restrictions on transgender adults and children. More than 20,000 of these articles were published outside of Texas.

The media tracking service Meltwater was used to generate the data; its language-detecting algorithm deemed 73% of the coverage, or $155.5 million, “neutral;” 25%, or $56.4 million, “negative;” and 2%, or $4 million, “positive.” A review of coverage categorized as “positive” by the software revealed that these stories largely described efforts by performing artists, businesses, sports organizations and others to protest “bathroom bills.” Overall, the sentiment calculated across all news coverage was deeply negative, as seen in the chart below. (The February 2017 spike in sentiment was largely related to a “positive” story covering the NBA’s decision to move its All-Star Game from Charlotte to the LGBT-inclusive city of New Orleans.)

The topic of bathroom restrictions for transgender Texans has been shepherded into the spotlight by Lt. Gov. Dan Patrick and vocal anti-LGBT backers like Empower Texans, Conservative Republicans of Texas, and Texas Values.

Texas business leaders and small business owners have consistently cited the war for talent as a major concern related to the state’s anti-LGBT reputation. “HR executives and business leaders voice concern to us when stories about discrimination dominate the news about Texas,” said Jessica Shortall, Managing Director of Texas Competes, a coalition of nearly 1,300 Texas employers and chambers of commerce making the economic case for an LGBT-friendly Texas. “We cannot maintain the pipeline of talent needed to fuel this state’s economy in the face of national coverage that tells young workers that Texas is in the business of discrimination.”

In a February UT/TT 2017 poll, a majority of Texans said that it’s “not important” for the legislature to pass a bathroom law. In March, the Public Religion Research Institute released a poll showing that 53% of Americans oppose laws requiring transgender people to use bathrooms that correspond to their sex at birth. In a recent USA TODAY poll, Americans aged 18 to 35 – a group representing the current and future talent pool for many Texas employers – oppose bathroom laws by nearly a two-to-one ratio.

You know how they say there’s no such thing as bad publicity? This will be a test of that. And I’m sure North Carolina’s glad we’re getting all the attention for being transphobic and unwelcoming now. It’s taking some of the heat off of them.

As bad as the perception is, the reality may be somewhat less harsh, though that remains to be seen.

“I think it’s going to depend on how people interpret the amendment,” said Dax Gonzalez, assistant director of governmental relations for the Texas Association of School Boards, which represents the state’s school districts and provides guidance to them on policies related to transgender students.

Under Paddie’s interpretation, the amendment would nix existing trans-inclusive policies at some school districts that allow transgender students to use the bathroom of their choice at school. (Some Texas school districts allow transgender students to use the bathroom that matches their gender identity through formal policies or on a case-by-case basis.)

But the school board association, which endorsed the measure on Sunday night, argues school districts could probably maintain such policies, possibly with a few tweaks, because of the measure’s “flexibility.”

“I think what it boils down to is that this amendment is pretty flexible and open to interpretation,” Gonzalez added.

[…]

After the Sunday vote, Straus suggested the Paddie amendment would not require schools to make significant modifications to how they “handle sensitive issues.”

School groups agree because providing single-stall facilities for students seeking bathroom-related accommodations is something school districts “would do anyway,” so the amendment doesn’t make a “significant change” on that front, said Jennifer Canaday, governmental relations director for the Association of Texas Professional Educators.

When it comes to the amendment’s possible effects on efforts to accommodate transgender students beyond single-occupancy bathrooms, Canaday echoed the school board association in saying there was “enough ambiguity” in the amendment to allow for different interpretations by school districts.

But she indicated that the school group — which deemed bathroom-related legislation “a solution in search of a problem” — was still sifting through any possible repercussions for trans-inclusive policies in place across the state.

“Obviously there’s some confusion,” she said. “It may take some time [to figure out] how school districts interpret this.”

I strongly suspect that more forward-thinking districts like HISD will continue to accommodate trans students as best they can, while districts with jerks for Superintendents like Pearland ISD will take a hard line. It will inevitably be up to the courts to sort it out.

One major danger zone in all this is privacy concerns.

The measure poses an excruciating dilemma for Texas schools that have quietly agreed at parents’ requests to keep secret the birth genders of some students.

To comply with state law, teachers might have to send transgender students to the bathroom of their birth gender or to a single-occupancy bathroom, shocking their peers.

The legislation “really boxes in school systems,” said Raffi Freedman-Gurspan, a spokeswoman for the national transgender rights organization Trans Equality.

[…]

Currently, each school and school district determines how to handle students whose birth genders are secret — a small portion of Texas’ thousands of transgender minors. A survey conducted by the Williams Institute at UCLA indicated that 13,800 Texas teens identify as transgender, but the number of children under age 13 is not known.

Even if this law isn’t quite as bad as it could be, given its limited reach, it’s still potentially catastrophic for thousands of children. Not everyone is out, and not everyone wants to be, but what is a school to do with a trans kid who doesn’t want his or her classmates to know about that? Trans kids are already at an elevated risk for suicide. When something bad happens, don’t say we weren’t warned. The DMN, Burkablog, and Deadspin, both of which note the lack of any response so far from the NCAA, have more.

UPDATE: The Senate will reject the “Patrick Lite” amendment in SB2078. Nothing good can come of this.

MALDEF gets injunction in recapture lawsuit

From their website:

Please attribute the following statement on a Texas court ruling ordering state education officials to cease bypassing existing school funding rules to Marisa Bono, Southwest regional counsel of MALDEF (Mexican American Legal Defense and Educational Fund):

“MALDEF is pleased that the District Court saw through efforts by the Texas Education Agency to circumvent school funding rules. The court was abundantly clear in its finding that efforts to relieve wealthier school districts of their responsibilities to poorer districts under ‘recapture’ amounted to ‘an inadequate, improper, and invalid attempt at a rule amendment.’ As MALDEF argued, and the court found, state education officials failed to comply with the mandatory requirement that any changes in funding rules must include a fiscal impact statement – TEA’s own witness confirmed that this rule change will cost public schools $88 million a year. We call on the Texas legislature to take immediate and binding steps to bar the TEA from doing this again.”

Read the injunction order here.

Read the jurisdiction order here.

See here for the background. I started writing this before there was any reporting on it, just a bit of chatter on Facebook that led me to Google and the MALDEF statement. Now here is the Chron story.

Just weeks after voters approved a $77.5 million payment to the state in so-called “recapture” fees, the Houston school district could be stuck with another $60 million in fees after a judge’s ruling that the state improperly slashed wealthy districts’ bills.

The ruling, by state District Judge Darlene Byrne in Travis County, temporarily halts an agreement by the Texas Education Agency that allowed the Houston Independent School District and other property-rich districts to reduce the amount of “equalization” payments required to fund public education.

The ruling throws HISD’s recapture bill back into question and could affect more than a dozen other property wealthy districts across the state, though no official list has been released.

“We understand the financial situation even wealthy school districts are in, which is why we’re pushing for school finance reform in the Legislature,” said Marisa Bono, southwest regional council for the Mexican American Legal Defense and Educational Fund, a civil rights organization that filed the suit.

“But the solution is not to give wealthy districts a tax break on the backs of property poor districts.”

[…]

The deal was cut in February, when TEA said it would give districts such as HISD credit for half of their local homestead exemptions, along with adjustments for student enrollment and property values, to cut the districts’ recapture bills.

The changes were outlined in a Feb. 1 memo penned by TEA Chief School Finance Officer Leo Lopez that were later incorporated into TEA’s recapture manual.

TEA officials at the time concluded the would result in “no fiscal implications to state or local government, including local school districts.”

But attorneys for the property-poor districts argued the state would lose $88 million in funding, causing significant financial loss to local governments.

In a ruling released late Friday, Byrne concluded that the reprieve granted by TEA was “inadequate, improper and invalid,” and that the TEA manual did not contain an accurate financial note describing the fiscal impact of the changes.

She granted a temporary injunction to halt the recapture calculations until the case can go to trial Aug. 11.

Unless the state works out another way to grant HISD and the other districts a reprieve, the district could be forced to pay $137 million. The adjustments for enrollment and property values were allowed to stand, said Bono, the MALDEF lawyer.

So there you have it. It’s very frustrating, especially with the Senate undermining efforts to address the problem. I don’t know what happens next, but I hope HISD and the TEA can work something out that will be accepted by the judge and the plaintiffs.

Senate wrecks school finance bill

It’s what they do.

The Texas Senate has scrapped much of a proposal to revise how the state funds education in place of a plan to create a school voucher program for children with disabilities.

The bill passed the Senate 21-10 at 12:50 a.m. Monday, marking the second time in two months the chamber has approved legislation that would allow parents to use public school dollars to subsidize their child’s tuition at a private school.

“It’s heartbreaking,” said Sen. Larry Taylor, a Friendswood Republican and Education Committee chairman sponsoring the bill. “This would empower some of those parents to have some leverage.”

The new language, added on the Senate floor late Sunday night, now includes money for charter school facilities, autism grant funding and programming for special education students transitioning out of school. The changes also reduce the amount of new money into education from about $1.9 billion to about $500 million during a tight budget cycle amid lower-than-expected state revenue.

The changes come to House bill 21, the lower chamber’s flagship proposal to begin a multi-year process of rehabbing the state’s school funding formula after the Texas Supreme Court called the system constitutional but in need of improvement. The House measure deleted outdated pieces of the formula, reduced recapture and added weights to allocate more money per student with dyslexia or learning English as a second language.

The Senate hijacked the bill shortly after it arrived in the upper chamber, adding to the bill a school voucher program, which the House has opposed, throwing the fate of the school finance fix into jeopardy.

Basically, HB21 as we once knew it is dead. The AFL-CIO changed its position on it from Support to Oppose a few days ago as these changes were first being made. At this point, the House should stick to its guns on vouchers and reject the amended bill. The Trib has more.

One last look at the recapture re-vote

There’s a lot at stake here, and not a whole lot of people voting on it.

For the second time in seven months, voters within the Houston Independent School District will determine how – and if – it should pay tens of millions to help subsidize districts that collect little in property taxes.

The vote Saturday comes as some HISD trustees have reassessed a decision by voters in November not to write a $77.5 million check to the state to comply with Texas’ “recapture” policy.

While district leaders don’t think it’s fair that an urban district with many poor students and English-language learners should be slapped with such a financial penalty, they’re split over the best way to respond.

Some trustees argue that Proposition 1 will deal a blow to progress in getting state legislators to rethink Texas’ widely criticized school finance system. They believe refusing to pay will allow the district to sue the state to free HISD of its recapture obligations.

Others believe that voters should hold their nose and vote for the measure, especially with Texas Education Commissioner Mike Morath threatening that a “no” vote would prompt him to move some of Houston’s most valuable commercial properties out of the district’s taxable area.

That “detachment” scenario has never happened in Texas and could cost HISD $98.4 million in lost tax revenue this year, district officials estimate.

“Either scenario is bad,” acknowledged Glenn Reed, HISD’s general manager of budget and financial planning, adding that the district could end up losing more than 15 percent of its annual budget in a few years under either option. “You get used to living at a certain level, but now you can’t deal with cost increases. You have to start selling off furniture and only eat out once a week. It causes you to change how you do business.”

[…]

While Houston will owe $77.5 million in recapture fees this year, that number will soon balloon to $376 million owed just for the 2019-2020 school year, according to Houston ISD budget estimates. That same school year, Houston could lose as much as $413.2 million under the “detachment” scenario if property values rise (it would lose less than that amount if property values remain stagnant or decline).

Trustees including board President Wanda Adams, Rhonda Skillern-Jones and Mike Lunceford said they now fear vindictive action from the Texas Education Agency and lawmakers if the district doesn’t pay the recapture fees. But other trustees, including Jolanda Jones and Manuel Rodriguez Jr., want the district to hold steadfast in its decision not to pay the recapture fees. Jones said the district could take the state to court and argue that detachment is unconstitutional.

She contends that Houston ISD – the state’s largest school district – has the power to pressure the state to change its funding formulas.

“We can’t debate detachment until there’s an actual detachment,” Jones said. “No district has voted to detach, so that hasn’t been heard at all (in the courts).”

It should be noted that TEA Commissioner Morath isn’t “threatening” to detach properties. The TEA has already identified the properties it will detach. It’s just that the process doesn’t formally take place for another month or two, which is why HISD had the opportunity for the re-vote, which could prevent detachment from going through. Either we buy the attendance credits – i.e., vote Yes on the recapture proposition – or we experience detachment. Those are the choices.

Well, except that Trustee Jolanda Jones argues that detachment is unconstitutional. Which I suppose it could be – I Am Not A Lawyer, remember – but as Jones notes since no district has ever undergone detachment, the issues has not been litigated. I take that to mean that if the No vote wins again, someone will sue the TEA to stop detachment from happening. That does not strike me as the soundest of strategies, but I can’t say that it wouldn’t work. I can say that I personally would not choose to risk it, which is why I voted Yes.

Anyway. To get back to the matter of how many people are voting in this election, the final EV turnout document indicates about 8,500 in person early votes cast in HISD (basically, take the overall total and subtract the bottom five lines, to remove Pasadena, Humble, and Lone Star College from the amount), plus maybe 3,000 mail ballots. That suggests a final overall turnout in the 18-20K range. There’s no way to do a direct comparison to other HISD elections because the Trustees are on staggered four year terms, meaning that in a given election only some of the Trustees are on the ballot. HISD elections are also concurrent with city of Houston elections (though that will be different this year barring an order throwing out the term limits referendum), so turnout numbers in HISD districts are at least somewhat affected by that as well. To give a small amount of context, in 2013 there were 41,392 total ballots cast in three contested Trustee races (the County Clerk doesn’t provide the returns on uncontested Trustee races; state law allows for uncontested races to be skipped, which may be what happens in these cases), while in 2015 there were 76,184 voters in four contested races. Turnout rates ranged from 17 to 22 percent in the three districts in 2013, and from 21 to 28 percent in the four districts in 2015. Make of all that what you will.