Special Session Revives Debate on a Host of School Related Issues

Senate Proposals

SB 1 by Senators Duncan (R-Lubbock) and Shapiro (R-Plano) include controversial provisions for dispersing $4 billion in cuts to public education in the next biennium without an increase in taxes and fees or uses of the Rainy Day Fund balance of $6 billion. In a holdover from the regular session, negotiators are offering a compromise weaved together from two competing school finance plans.

The proposal includes an across-the-board cut of six percent for all districts in year one of the biennium and varying cuts among districts in year two. Districts with high target revenue would experience deeper cuts in year two under SB 1. Target revenue would be eliminated eventually through reductions in spending on wealthy districts more rapidly than less wealthy ones. School finance proposals continue to preserve weighted funding for CTE at its current level of 1.35.

A series of amendments related to school finance have been prefiled by Rep. Hochberg (D-Houston) to ease cuts in year one for less wealthy districts, clarify that local funds are part of the overall calculation of a districts revenue, require the state to pay districts back for funding cuts enacted in future years and force lawmakers to address school finance again in the next session after an interim review of school finance.

SB 6 (Shapiro) creates an instructional materials allotment that would provide maximum flexibility for school districts to best meet the individual instructional needs of students, allowing districts to certify that instructional materials cover the TEKS for required curriculum excluding physical education. Districts may be use funds to purchase printed instructional materials, electronic instructional materials, technological equipment or training on the appropriate use of instructional materials and technological equipment. Balances in a district's allotment account would carry forward from biennium to biennium. The bill changes all references from "textbooks" to "instructional materials" in the Texas Education Code and defines instructional materials as book, supplementary materials, workbook, computer software, magnetic media, DVD, CD-ROM, computer courseware, on-line services, or electronic medium.

SB 8 (Shapiro), a mandate relief bill, passed the Senate on Monday with a party line vote of 18 to 12 and includes management and operational flexibilities for districts including salary reductions and furloughs across all employees after complying with a requirement to solicit input from employees and hold a public meeting regarding details of planned furloughs and salary reductions. It removes the "last in-first out" requirement for terminating continuing contracts, changes the 45-day deadline to notify contract staff of nonrenewal to 10 days, voids the employment contract of an employee with a voided certification and limits the FitnessGram to students in a physical education course.

SB 30 (Shapiro) requires state funding to providers of courses delivered electronically only for students who successfully complete the courses. The bill allows students to rate classes and provide feedback for other students considering those courses.

House Proposals

HB 18 by Rep. Eissler (R-Woodlands) provides for class size waivers with a cap of 25 students per class for grades K-4.

HB 19 by Rep. Jimmie Don Aycock (R-Killeen) is a revival of HB 400 by Eissler from the regular session and makes mid-contract terminations less litigious for districts by streamlining due process for personnel whose contracts are terminated through a reduction-in-force (RIF) process after a district declares financial exigency. Terminations could be protested directly with a district's board of trustees or before an independent hearing examiner at the board's discretion.

HB 20 by Dan Huberty (R-Humble), also from HB 400, changes the date for nonrenewal notices to the 15th day before the last day of instruction to allow for notice after high stakes testing occurs.

HB 21 by Rep. Mark Shelton (R-Ft. Worth) repeals the first-in-last out for continuing contract under a RIF process.

HB 33 by Rep. Sid Miller (R-Stephenville) establishes the "Taxpayer Savings Grant Program" also known as Vouchers that would require the state to pay 60% of the cost of tuition for private school based on a statewide average of operating expenditures per student. Such an incentive for parents to enroll their children in private schools would result in less money for public schools that experience lower enrollment.