Floor Pass

Tommy Williams (R-The Woodlands)
Patrick Michels
Sen. Tommy Williams (R-The Woodlands) discusses the budget on the Senate floor.

When the Texas Senate approved its version of the budget last month, lawmakers applauded one another for passing a bill that helped undo the $5.4 billion in school funding cuts passed two years ago.

First-time Senate Finance chair Tommy Williams (R-The Woodlands) said the budget represented “significant progress within the spending limit,” leaving 400 school districts with more money than they get today. “We have completely funded enrollment growth in public education,” he said, with $1.5 billion more going to schools from general revenue.

But there’s a dirty little secret hidden in the Senate’s budget celebration: when you account for inflation and Texas’ growing enrollment, the Senate’s budget would actually leave schools with less money per student than they get today.

The Center for Public Policy Priorities pointed that out before the budget debate two weeks ago. The state’s per-student funding will increase, they noted, but locally raised funding will drop. The overall impact is that each Texas student will get $86.50 less in 2014-15 than they did from 2012-13 (taking the average across each biennium).

Democrats Wendy Davis and Rodney Ellis challenged Williams on those points during the floor debate, but the finance chairman didn’t sound interested in an economics debate.

“I’d be glad to sit down with you and show you why your numbers are wrong,” he told Davis.

One reason lawmakers can still disagree so much is that the state doesn’t account for inflation. Texas Education Agency spokesperson Debbie Ratcliffe said agencies and the Legislative Budget Board base their estimates on funding formulas, and those don’t factor inflation. ”They just don’t really look at it that way,” Ratcliffe said. “They look at if they’re fully funding the formulas.”

Since school funding levels depend on so many factors, CPPP policy analyst Chandra Villanueva said it’s best to back up and consider long-term trends.

Under this session’s SB 1, she said, the state’s contribution doesn’t match its pre-recession funding level in 2008. The state spent $4,577 per student in 2008, she said, and would spend $3,951 per student under SB 1. When you add in local and federal money, each Texas student got $10,196 in 2008, but would get $9,332 under SB 1.

When the House takes up its version of the budget, it will start with $1 billion more for schools than the Senate wants to spend. There, too, lawmakers have very different ideas about how school spending ought to be measured.

Rep. Gene Wu (D-Houston)
Patrick Michels
Rep. Gene Wu (D-Houston)

Freshman Rep. Gene Wu (D-Houston) circulated a chart showing per-student funding year-by-year, based on numbers from the Legislative Budget Board but also accounting for inflation. (CPPP, in turn, adapted Wu’s chart to include the Senate budget.)

Wu said he and his staffers made the chart themselves after they couldn’t find accurate numbers elsewhere. Their analysis countered Gov. Rick Perry’s claim that the state increased education spending by 70 percent from 2002 to 2012.

“Anyone who’s in the know immediately does a face-palm and goes, ‘What are you talking about? What planet are you on?’” Wu said. ”Another representative handed out another flyer trying to counter what I had put out, and it was verbatim. It was actually literally just copied from the comptroller’s website.”

Comptroller Susan Combs’ office includes a school funding analysis in its annual Financial Allocation Study for Texas, but Wu called the numbers “extremely misleading. Some of them we think are just flat-out wrong.” One chart from last year showed school spending far outpacing inflation from 1998 to 2009—but only accounting for the state’s contribution, not local or federal funding.

Frisco Republican Rep. Pat Fallon, another freshman, is the one who shared the comptroller’s chart with other House members.

Fallon told the Observer he’d rather get information from the comptroller than a partisan group. He said former Rep. Rob Eissler (R-The Woodlands) helped convince him that more money doesn’t mean better schools, and the comptroller’s numbers reflect that.

“Why would the comptroller have a dog in the hunt, other than the truth?” Fallon asked. He said he hoped the comptroller’s estimates had better paint an accurate picture of the spending. “If they don’t, we’re going to have to get a new office.”

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One of this session’s hottest issues has been whether Texas will take a Medicaid expansion deal offered by the federal government. Under Medicaid expansion, roughly 1.5 million more Texans would be covered under the health insurance program, while the feds would provide $100 billion to pay for it, and the state would have to pay $15 billion over a 10-year period. Many states have accepted the deal. But Texas’ leaders remain opposed.

Gov. Rick Perry and U.S. Sens. John Cornyn and Ted Cruz will hold a press conference later this morning at the Capitol to reiterate their strong opposition to Medicaid expansion in the state.

The Texas Tribune reports that an unauthorized source involved in the event planning said all three lawmakers will “stand together to demand greater flexibility from the Obama administration to operate the state’s existing health care system for poor children and the disabled as Texas sees fit.”

The Tribune also reports that the Dems are ready with a response press conference led by U.S. Rep. Joaquin Castro (D-San Antonio), his brother, San Antonio Mayor Julián Castro, and the Texas Hospital Association.

Weekend Headlines:

1. The Observer‘s Melissa del Bosque reported Friday that some county jails need a bailout. State legislators are looking to more affordable rehabilitative programs rather than filling the state’s 10,000 empty jail beds.

2. Pre-filed budget amendments—in advance of the House budget debate—by House Appropriations Committee Chair Jim Pitts (R-Waxahachie) would limit the authority University of Texas System regents would have over the Available University Fund. The Texas Tribune reports regents could lose power over how funds are spent.

3. The Dallas Morning News compiled a brief legislative “crunch-time” summary of where we stand in the session so far.

Line of the Day:

“It’s not the same warm place Austin is. When people speak to me on the elevator, I’m kind of surprised.” —New U.S. Rep. Marc Veasey, a Fort Worth Democrat, on the differences between the Texas Legislature and the U.S. Congress, as quoted in the Fort Worth Star-Telegram.

What We’re Watching Today:

1. The House chamber will convene around 2 p.m. today and will probably just hear honorary/congratulatory resolutions. We’re still waiting on the House to pass its version of the budget. The House is scheduled to take up the budget on Thursday. The full Senate doesn’t meet until Tuesday morning.

2. The House Committee on Government Efficiency and Reform will hear a few bills that would change the definition of “information” in the Texas Open Meetings Act and the Texas Public Information Act. That’s always worth keeping an eye on.

3. This morning’s dueling press conferences over Medicaid expansion.

David Penny sat before the Senate Education Committee this morning to discuss his 12-year-old daughter, Hailey, who has Down syndrome. Hailey was abused in her New Caney special education classroom, he said, but despite witnesses and photo evidence the Montgomery County District Attorney said that there wasn’t enough evidence to prosecute her teacher.

“My daughter’s been abused three different times in two different districts in seven years,” Penny said as he fought back tears. “Nothing was done. When a witness came forth at one school district, they told her, ‘If you testify, you’re going to lose your job.’”

Penny was there to support a bill by Sen. Dan Patrick (R-Houston) which would require cameras in self-contained special needs classrooms.

“I believe these cameras will help,” Penny said. “We don’t know when [our children] are being abused, but if they come home ever looking like this, we should be able to file charges and have something done. Because if I do that to my child, I go to jail. If any one of us do that to our children, we go to jail. These people are getting away with this.”

Rebecca Spurlock, a paraprofessional teacher in Cypress-Fairbanks ISD, said she witnessed abuse and was forced to resign when she reported it to her principal. She said she reported the abuse to Child Protective Services and the abusive teacher was fired. “I thought, you know, ‘If there was cameras here … there would’ve been no question. You would’ve seen it. I mean, it was so obvious. Day after day, the abuse of the children.”

Parent after parent testified this morning on behalf of special needs children who had been locked in closets, slapped, burned, yelled at, and beaten until their knees were dislocated and their thumbs broken. The room filled with tears as the testimony continued—it was one of the most emotional hearings of the legislative session. “This is something that shouldn’t be happening anywhere in this state,” Sen. Eddie Lucio Jr. said.

Sergeant Jim Blackburn from the Collin County Sheriff’s Office supported the idea, saying cameras installed in his car made him a better officer, and he figured they’d do the same for teachers too. He agreed that without evidence, cases like Penny’s are hard to close.

“In the cases I investigate, where it’s a special needs child who has been abused in some way in a classroom, often the most difficult part is if the child is nonverbal, and you have to go with so much innuendo and so much supposition. Until you can find that witness, it’s hard to develop the case,” he said.

Patrick reminded the room that only “a very, very, very small number” of special needs students are abused, but this morning’s testimony seemed to imply otherwise.

Many witnesses argued that the problem is in the education code, which permits any treatment considered “behavior control.” That makes it difficult to argue that the level of force was unnecessary, they said, especially without evidence.

Nobody came forward to speak against the bill, or its $2.2 million price tag, based on a cost of $1000 per camera. Patrick suggested that much was a small price to pay, given the horror stories told today.

Patrick has credited a series of reports from Houston’s Fox 26 News reporter Greg Googan with uncovering the abuse problem, but there’s national precedent as well. A 2009 Government Accountability Office report addressed the issue, as well.

“The level of abuse that we’re seeing is not minimal,” special education advocate and parent Mara LaViola said. “We’re seeing it not only in inner city schools that have more challenging situations, perhaps, due to budget constraints, but we’re seeing it in affluent school districts as well.”

She works with Blackburn in the Dallas and Collin County area. “We work on several cases a year, at least five,” she said. “That’s too many in these types of school districts. It’s rampant, it’s all over, and we have to do better.” Whether the education code, individual teachers or poor training is to blame for the rampant abuse, those who testified sounded certain that cameras would help.

“When we try to advocate for these children, the evidentiary value of this video is what we need,” LaViola said.

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HB 9's outcomes-based funding model. HB 25 would elevate the cap to 25 percent. Chart courtesy the Higher Education Coordinating Board.

Two years ago, Rep. Dan Branch encouraged funding higher education based on “performance” measures like four-year graduation rates. A bill passed last session called on higher education leaders to craft a new performance-based funding model, and use it for up to one tenth of their funding request this year.

Lawmakers will decide later this session whether to go ahead with funding colleges based on performance, but Branch is already moving to expand the practice. Wednesday evening, the House Higher Education committee took up his proposal to raise the cap on performance funding to one quarter of the state’s higher ed spending.

Those performance measures include the total number of bachelor’s degrees awarded and degrees awarded to at-risk students. For community colleges, measure includes the number of entry level math and English courses students finish, and the number of students completing at least 30 course hours.

Performance funding has historically been a controversial approach, but it’s spreading across the country and has support from President Obama. In Texas, it’s found a champion in Branch, the influential Dallas Republican who chairs the higher ed committee.

In a 2011 report from the Texas Center for Education Policy report, University of Texas researcher Angela Valenzuela wrote that the “outcomes” state leaders are likely to prize could leave out students who truly need more time to finish their degrees or who pursue liberal arts, humanities and other subjects that the state deems less critical. Those are precisely the areas that encourage “insightful and sophisticated decision makers,” she wrote. Discouraging them would amount to “potentially compromising the state goal of economic productivity.”

Branch’s new bill would take a gradual approach, raise the cap on performance-based funding to 15 percent for 2016-2017,  then 25 percent after that.

He stumbled last night as he explained how that would work, saying the bill would, “two years from now, plan a budget for the following two years that would move toward the first 15 percent in the first fiscal year of the next budgetary biennium and then 25 percent in the second fiscal year of the—not the coming biennium but the biennium following the coming biennium.”

He got a few raised eyebrows from the confused audience in the committee room, but his proposal didn’t draw much opposition.

Beaman Floyd with The Texas Community College Association said he opposed the bill, but not because he disagrees with outcomes-based funding. Floyd said he doesn’t think the model is strong enough yet to dictate more than 10 percent of university funding. “Part of what we want to do is fully understand the effect of outcomes-based education,” he said.

Bill Hammond, president of the Texas Association of Business, vehemently approved of the bill, reiterating what he said at a press conference with Branch last month. He said outcomes-based funding is a wake-up call to the Higher Education Coordinationg Board and public higher ed institutions.

“These guys can do a lot better than what they are doing. The way you fund them now is crazy,” he said. “It makes no sense. Tap them on the shoulder. Tell them they have to do a better job.”

allan ritter
facebook.com/RepAllanRitter

Amid a worsening drought, the House overwhelmingly approved a plan to seed the state water plan with $2 billion today. Rep. Allan Ritter (R-Nederland) and his legislative allies shrugged off attempts by their Republican colleagues to significantly alter the legislation. House Bill 4 would create a water bank to pay for water supply projects from new reservoirs to conservation efforts. The proposal has received broad support from business groups, environmentalists, Democrats and Republicans spurred into action by drought and water scarcity. The 2012 state water plan estimates that over the next 50 years, Texas’ water supply will decrease by 18 percent while water demand will increase by 27 percent.

“We can’t control when it rains, but we can control how we use water,” said Luke Metzger, director of Environment Texas in a statement. “State funding can help cut water waste, improve water conservation, and steer Texas toward a more sustainable water future.”

Despite the bill’s easy passage (there were 146 ‘ayes’ and just two ‘nos’), tea party-oriented members launched a challenge to key provisions in the bill-and spectacularly failed in what was another defeat for ideological enforcers like Michael Quinn Sullivan and Texans for Prosperity’s Peggy Venable, whose involvement in the spoiler effort lurked just beneath the surface of the debate.

Rep. Phil King (R-Weatherford) led an effort to remove a key water-conservation provision. HB 4 has earned the support of some conservationists because Ritter included a stipulation that at least 20 percent of the funding go toward water conservation. King’s amendment would’ve gutted that requirement. King’s fellow legislators didn’t buy it though; the amendment was killed with a vote of 104 to 41.

Rep. Van Taylor’s (R-Plano) proposed amendments didn’t go over so well either. Taylor, for one, wanted to ban the transfer of Rainy Day Fund money to get the water bank rolling.

Rep. Lyle Larson (R-San Antonio), in a moment of political drama, called Taylor out for being what he called “disingenuous.” He asked Taylor if, should his proposed amendment pass, he intended to vote for HB 4. Taylor replied that he would still not vote for the bill.

Larson blew up. “If you’re not going to vote for the bill and you’re offering up amendments, I think everyone in this body needs to recognize that. The idea of an amendment is to make the bill better … and what you’re doing I believe is disingenuous, to step up and offer amendments for political reasons, to try to gain some kind of favor instead of trying to make the bill legitimately better.” The House shot Taylor’s amendment down with a vote of 127 to 18.

House Bill 4 has survived relatively unscathed. Next up: House Bill 11, which would authorize the actual transfer of $2 billion to water fund from the state’s (irony alert!) Rainy Day Fund.

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