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Senate Education Committee Hearing Summary

April 14, 2011

Below is a summary of yesterday’s Senate Education Committee meeting. The committee considered bills relating to health and fitness programs, nutrition programs, teacher certification and preparation, and school district flexibility. SB 224, SB 89, SB 1511 and SB 12 were voted favorably out of committee as substituted. No bills heard were left pending. The Equity Center did not take a position on any of the bills on the agenda.

The committee met following the adjournment of the Senate at the chair’s desk to address bills previously left pending in committee. The following bills were all passed favorably from committee as substituted during the committee’s second meeting: SB 518 relating to performance initiatives at the sixth, seventh, and eighth grades, SB 570 relating to beginning teacher programming, SB 1383 relating to principal assessment programs, SB 1872 relating to charter schools and SB 205 relating to bullying.

Below is a formal summary of the hearing of the committee’s morning meeting. Each bill is listed with its author and caption, followed by the summary of testimony on the bill.

AUSTIN(4/14/11, E1.028, 8:30 AM)

The Senate Committee on Education met yesterday to discuss four bills on their intent calendar.

(8:32) Senate Committee on Education comes to order.

SB 224 By Nelson. Relating to a program to recognize public schools with successful student health and fitness programs. – voted favorably as substituted

(8:34) Laid out by Senator Nelson, this bill directs the commissioner of the education agency to set a tiered recognition program for those schools with successful student health and fitness programs.

(8:35) Dr. Kenneth Cooper, CEO, Cooper Aerobics Center. Appeared primarily as a resource witness, and Senator West stated Mr. Cooper being here marked the importance of this bill. He stated the fitness in Texas schools hasn't improved at all over the past few years, and he feels as though a reward system will help this.

Legislative Update

April 15, 2011

1220 Colorado Street, Suite 300 – Austin, Texas 78701 – 512.478.7313 – FAX 512.478.6433 – equitycenter.org

(8:39) Senator Nelson stated there is no fiscal note to this bill, and Dr. Cooper will help raise money for this program.

(8:39) Susan Hoff, Senior Vice President of Community Impact, United Way Dallas. She stated there is little she can add to the testimony of Dr. Cooper. She stated schools desperately want to help the problem of obesity in Texas, and that hundreds of schools have already applied for this rewards program. She stated 12 will be picked in May.

(8:44) Lauren Dimitry, Texans Care for Children. She stated many schools work to help the health of their students, and she is very happy there will be a way to reward these schools.

SB 89 By Lucio. Relating to summer nutrition programs provided for by school districts. – voted favorably as substituted

(8:47) This bill, laid out by Senator Lucio, has to do with summer nutrition programs provided by school districts. This bill moves the nutrition programs to the agriculture commission. It requires that food services be offered for at least 30 days in the summer session. Schools who participate in this program receive a reimbursement for each meal served.

(8:52) Celia Cole, Center for Public Policy . She testified in favor of this bill, stating they worked on the previous law allowing summer lunches and stated that it was very important for schools to offer these lunches as some children lack the ability to get nutritious meals without these programs over the summer.

SB 1511 By West. Relating to the preparation, certification and working conditions of educators. – voted favorably as substituted

(9:00) This bill, laid out by Senator West, relates to the preparation, certification and working conditions of educators. This bill increases the number of hours needed by an individual seeking a teaching certificate.

(9:05) Senator West sends up a committee amendment.

(9:06) Jennifer Canaday, Association for Professional Educators. She is in favor of this bill, because it ensures high quality teachers. She stated she is happy there is a minimum GPA associated with this bill for aspiring teachers. That GPA is 2.5 over the last 60 hours of coursework. They are also very happy about the annual report on teachers.

(9:10) Dr. Sandra West, Associate Director of Biology Education. Her background is in the teaching of teachers and is representing the science and science ed community. She is in support of this bill as originally written. She stated that alternative certification plans are killing Texas' education system, and stated that the 2.5 GPA within this bill is too weak.

(9:13) Eric Hartman, Texas AFT. They think that this bill points in the right direction for Texas educators. The only problem they have with this bill is that the GPA standard has been ratcheted back from 2.75 to 2.5. That is the only reservation they have with this bill.

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SB 12 By Shapiro. Relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district. – voted favorably as substituted

(9:22) This bill, laid out by Senator Shapiro, is a bill that is actually a new and improved version of SB 3. This bill gives flexibility to school districts despite the tough budget. This bill allows school districts to furlough teachers for up to 6 days and they may as well cut teacher salaries. They can do this to the point that a district has been cut. For example, a school district that has been cut 8% can furlough and cut teachers pay up to 8%. Schools are required to use these efforts before they riff a teacher. They will also ensure that first in, last out provisions are not required.

(9:27) Senator Davis stated this is, of course, not acceptable for most teachers, but it is the best that they could do with the budget situation. Unfortunately, she stated, several school districts have not used the tools that are allowed in this bill to prevent teacher firings. She hopes, through this bill, schools will only use teacher riffing as a last resort.

(9:36) Senator Patrick laid out an amendment eliminates the double testing requirements for 8th grade students, and it also allows for schools to begin remediation for students at the beginning of the coming school year instead of the end of the summer.

(9:52) Senator Van de Putte stated she is very uneasy about this bill because the teachers and the administrators had nothing to do with this budget crisis, yet they have to plug the budget crisis. She stated she is concerned that the new normal seems to be plugging holes every session as opposed to fixing the real problems in the funding situation in Texas.

(9:54) Wanda Bamberg, Superintendent, Aldine ISD. She thanked the senators for the hard decisions that they had to make. Upon reading over the bill, the portion of it that may have unseen consequences is that the use of furloughs and pay cuts to save jobs could equal a 20% pay cut. She stated that even though her teachers who can take a pay cut, a 20% pay cut will not allow their school district's teachers to survive as teachers.

(10:02) Lonny Hollingsworth, Texas Classroom Teachers Association. He stated districts will have the flexibility that they need within this bill to operate effectively, and stated that it is important that this bill continues to differentiated between a non renewal of teachers and firing.

(10:05) Jennifer Canaday, Texas Association of Texas Professional Teachers. She is concerned with termination riffs, stating those that have happened for this year have already taken place. She stated that with this bill we will know in the 2nd year of the biennium what the legislature will have done to help them saving their teachers. They are against this bill, as there is no end date for these pay cuts and furlough days.

(10:08) Eric Hartman, Texas Association of Professional Teachers. He began his testimony by stating he regrets to inform the senators that he is against the bill, considering the amount of work that the Senators put in on the bill. He stated the ATPT is in favor of the tools that the committee has decided to bestow on the committee to help school districts trying to avoid teacher firings, though he is very concerned with the lack of a termination date attached to these tools.

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(10:14) David Anthony, Superintendent, Cypress-Fairbanks ISD. Dr. Fairbanks stated his school board is providing relatively 0 pink slips and they are also increasing district positions. He is concerned with this bill, as furlough days remove staff development days. He stated that these are crucial to a well operating school.

(10:17) John Graham, Texas State Teachers Association . He as well, is opposed to this bill because of the seemingly permanent nature of the furloughs and pay cuts. The bill has no expiration date.

(10:21) The Senate Committee on Education is in recess subject to the call of the chair.