Snake Oil

Piers Morgan and Dan Patrick
Dan Patrick talks guns with Piers Morgan earlier this year.

In the first days of the legislative session, within a month of the mass school shooting at Sandy Hook Elementary, Lt. Gov. David Dewhurst floated the idea of state-funded specialized gun training for teachers.

“Eight hours of instruction and two hours on the range is not sufficient,” he said at the time.

Today in the Senate Education Committee, lawmakers got a look at a bill to set Dewhurst’s troubled mind at ease, from Houston Republican Dan Patrick. The bill wouldn’t necessarily mean more teachers carrying guns in classrooms. (A House bill by freshman Dallas Republican Jason Villalba would handle that; another by James White would create a gun class for kids.)

Since Sandy Hook, a handful of Texas school districts have added policies letting some teachers carry guns—Patrick’s bill is meant to make that decision safer, so heat-packing teachers know what they’re getting into.

“If anybody other than police are carrying firearms,” Sen. Kel Seliger (R-Amarillo) said today, “and they do not have that scenario-based training, the school district is negligent.”

Under Patrick’s proposal, the Texas Department of Safety would develop a new gun skills class for protecting children when a shooter is on the loose. DPS would offer the class free to two teachers from any school that doesn’t have full-time security or police of its own.

There’s no course quite like that already, but DPS Director Steve McCraw was on hand to detail what it might look like: 16 hours of training, he said, in “being proactive defending the kids” and letting police know, when they finally arrive, that you’re not the shooter they should be worried about. Texas would be the first state to develop such a class, but McCraw said that what DPS has in mind isn’t some John Woo fantasy camp.

McCraw said DPS would develop a course with a “stand and defend” approach, not “active shooter training” on how to go after a gunman. It’d be ”consistent with” training plans developed by Texas State University’s School Safety Center, he said.

Senators’ biggest sticking point this afternoon was the price tag—$9.3 million over the next two years, according to the estimate in the fiscal note. Patrick, and other senators, said that estimate is probably way off-base because it assumes teachers from all 8,500 schools in the state would take the class. There are 180 districts with their own police forces, for instance, that wouldn’t even be eligible for the free training.

Seliger, though, said the price tag was “probably pretty close.” Fewer teachers might go for the training, but the class McCraw suggested would be twice as long as the fiscal note’s estimate. Seliger said he’s taken similar classes, and they’re expensive.

“This will not be done on the cheap, with civilians expected to participate in an armed scenario in a public school. I’m not opposed to it, but I don’t think we ought to be misleading anybody in terms of the rigor of the course.”

Royce West, a Dallas Democrat, had a more basic concern. Next to all the state’s other duties to pay for education—from teacher pay to test prep for struggling students—West wondered about spending millions on this new continuing education for teachers. ”What’s more important?” he asked.

“Saving the life of a child, if there’s a shooter in the school with an assault weapon, is more important,” Patrick shot back.

Sen. Eddie Lucio Jr. (D-Brownsville) said he planned to offer an amendment to the bill, which would require the state to pay for the training “only if sufficient funds are available.”

“This amendment will potentially gut the bill,” Patrick said. He seemed to wonder, after all the favors he’d done as committee chair, what he’d done to deserve such a stab in the back.

“I’ve been very supportive of members on this committee, Senator Lucio, on programs that you have wanted. And if I had known that the decision was going to come down to a million or two for some programs that you wanted me to support—which i did—over protecting our students from a shooter…”

With Lucio and West interrupting him, Patrick trailed off. He left the bill pending in his committee, without any resolution on the bill’s price tag.

Tony Diaz and other 'Librotraficante' supporters
Patrick Michels
'Librotraficante' founder Tony Diaz at the Capitol Thursday.

A year ago, Houston-based writer Tony Diaz led the Librotraficante bus tour to Tucson, “smuggling” books back into a state that had just effectively banned Mexican-American studies classes in public schools.

This morning Diaz was on a similar mission, but much closer to home—outside the third-floor Capitol office of Houston Republican Sen. Dan Patrick, who filed a proposal last week to only count “comprehensive survey” courses toward undergraduate history requirements. Students interested in Latino, African-American, LGBT or women’s history, for instance, wouldn’t be able to count those classes against the requirement.

Those implications weren’t lost on the crowd of university students and activists waiting around to speak with Patrick’s staff—just days, coincidentally, after a federal judge upheld Arizona’s law. ”It’s the same target group, except it’s a different approach” under Patrick’s bill, Diaz explained. “It seems like Senator Patrick is auditioning to be the next Jan Brewer.”

Patrick’s bill (and a House companion by Southlake freshman Rep. Giovanni Capriglione) are the legislative response to a recent report from the New York-based National Association of Scholarspromoted by Austin’s own Texas Public Policy Foundation—claiming that the University of Texas and Texas A&M over-emphasize niche history courses at the expense of American and Western tradition. While the report may have come from New York, our own Bill Minutaglio noted another local connection: it was funded in part by D magazine publisher Wick Allison.

The report, “Recasting History: Are Race, Class and Gender Dominating American History?” answers that question for readers after just two paragraphs. In a neat trick, its list of recommendations closes with, “10. Depoliticize history.”

High time these academics quit thinking about history and just start teaching it. Surely there’s a dominant historical narrative to keep us all happy enough.

“There is an agenda to remove dozens of books out of the curriculum at a time,” Diaz said this morning. ”In a global economy, why would you want to build a border wall around American history?”

The bills have been referred to higher education committees in their respective chambers; neither has been scheduled for a hearing yet.

Bishop Oscar Cantu, State Sen. Dan Patrick and Lt. Gov. David Dewhurst
Patrick Michels
Sen. Dan Patrick (R-Houston), center, with Lt. Gov. David Dewhurst in December.

Update at 3:05 p.m.: Patrick has teamed up with Sen. Ken Paxton to co-author another bill filed Friday, which is exactly the same as the bill described here.

Looks like Dan Patrick wasn’t ready to let his fellow senators—like Tommy Williams, Ken Paxton and Eddie Lucio Jr.—grab all the headlines about voucher proposals.

Just ahead of today’s bill filing deadline, Patrick submitted a proposal on Thursday creating what he calls the Texas Equal Opportunity Scholarship Program. His SB 1410 would create the largest voucher program of any bill filed this session, offering private school vouchers for at-risk and low-income students, with a priority for kids in low-rated schools.

Businesses could take up to 15 percent of what they’d pay in franchise taxes, and donate it to the new scholarship fund instead. Patrick’s bill also offers a tax credit against the premium tax insurance companies pay the state.

Unlike a bill filed Monday by Sen. Ken Paxton (R-McKinney), Patrick’s bill only gives priority to students in low-scoring schools—if there’s enough scholarship money left, any low-income or at-risk student could get public money to spend on private school tuition. The bill’s family income cutoff is twice the federal free and reduced lunch program limit—about $71,000 for a household of three.

The vouchers would be worth up to 80 percent of the state’s average per-student spending. Patrick’s bill also doesn’t cap the size of his new scholarship program at a total dollar amount, as Paxton’s does.

Private schools that accept the scholarships could be religious and would have broad leeway in what they teach—under Louisiana’s voucher program, some private schools made great use of that freedom. Under Patrick’s bill, participating private schools would only have to give an annual test—either STAAR or a norm-referenced test like the Iowa Basic Skills Test.

The new scholarships could also cover pre-kindergarten or up to $1,000 for an afterschool program.

Before the start of the session, Patrick was enthusiastic about using public money to cover private school tuition—an idea that’s long been a tough sell in Texas. Voucher critics lined up to fight any proposal, including a “business tax credit,” that would spend public money on private school tuition, but in the last few months the “school choice” debate has focused on charter school expansion instead.

Voucher fever has caught on this week in the Senate, though, with a hearing on Sen. Tommy Williams’ (R-The Woodlands) voucher proposal for special needs students, and the filing of Paxton and Patrick’s voucher bills. Lt. Gov. David Dewhurst recently reiterated his commitment to passing a voucher bill out of the Senate this session—even if the proposals stop there. House education leaders like Speaker Joe Straus (R-San Antonio) and Public Education chair Jimmie Don Aycock (R-Killeen) still sound unmoved by the Senate’s enthusiasm.

The text of Patrick’s bill is below. I’ve highlighted some important sections, and you can click on those for more detailed notes. (Here’s a link to the annotated bill, too.)

Update at 2:12 p.m.: Along with SB 23, which Patrick and Paxton have co-authored, Paxton and New Braunfels Republican Sen. Donna Campbell also have another voucher bill, SB 1575, just filed Friday. Freshman Rep. Scott Turner (R-Frisco) has filed the first voucher bill in the House.

Eddie-Lucio-Jr-double
Onetime business-tax-credit proponent Eddie Lucio Jr. (D-Brownsville), left, and private school voucher skeptic Eddie Lucio Jr. (D-Brownsville).

State Sen. Tommy Williams (R-The Woodlands) sat before the Senate Education Committee this morning pitching his proposal to give state-funded grants to parents of children with special needs, to cover private school tuition.

It’s a common approach for opening the door to school voucher programs—a favorite of free-market school reformers—and Brownsville Democrat Senator Eddie Lucio Jr. made it clear he has some concerns.

Private schools aren’t subject to the same class size limits as public schools, he noted, so a student might actually be worse off in private school. Private schools don’t need to offer transportation to their students, either—only parents with the time and means to drive their kids to school could use the scholarship. And what if the private school tuition costs more than the state grant? What about low-income parents who can’t afford to pay the difference?

“I would be willing to do anything to help them turn their little lives around,” Lucio said, “but I want to make sure that we’re not going to strap them economically either.”

These are longstanding concerns about school voucher programs, and Lucio sounded genuinely concerned. And he would have sounded even more genuine if he hadn’t told a newspaper—just last week—he was interested in filing a bill to create a state-funded private school scholarship program.

It’s a confusing contradiction… Or is it?

Later this morning, the Houston Press quoted Lucio’s general counsel, Daniel Collins, who said their office never planned on filing a voucher bill—and cast doubt on Rio Grande Guardian reporter Steve Taylor’s story. “I wasn’t there for that conversation, so I don’t know if he misquoted [Lucio],” Collins said.

In fact, the business-tax-credit-totally-not-vouchers bill had already been filed Monday, by McKinney Republican Ken Paxton. So ends the great mystery, begun in a little Catholic schoolroom last December, of who would carry Sen. Dan Patrick’s voucher bill.

That leaves two school voucher proposals—defined as programs that would divert public money to private school tuition—floating around the Senate today. Here are more details on the pair:

Paxton’s Senate Bill 1015 would let companies steer up to 75 percent of what they owe in state taxes to a nonprofit that, in turn, awards private school scholarships for students. Only low-income students, in schools rated “unacceptable” the previous year, would be eligible for the scholarships. Those nonprofits awarding the scholarships can’t spend “100 percent” of their scholarship awards at one school—though they could presumably spend 99 percent at a given school.

Williams’ SB 115, discussed this morning in the Senate Education Committee, would provide a voucher for parents of children in special education programs, with its value tied to the special education funding the school district would receive from the state. Texas Education Agency General Counsel David Anderson told lawmakers this morning it’s hard to estimate just what that would be worth, because the state’s funding varies widely depending on a student’s disability.

The bills represent just the latest chapter in a decades-long school choice soap opera—either one would represent a milestone in Texas, though House Speaker Joe Straus has already warned his chamber isn’t likely to support any voucher plan.

Sen. Eddie Lucio Jr.
Voucher? Sen. Eddie Lucio Jr. hardly even knows 'er.

Sen. Dan Patrick (R-Houston) has been telling us to expect a school voucher bill since last summer. Since December, he’s been floating the idea as a “business tax credit scholarship“—letting companies divert money they’d pay in business taxes to a private school scholarship fund instead.

School groups lined up to fight the proposal. Some Republican leaders noted their distate for vouchers, too, and Paul Burka declared the scheme as good as dead. And still no voucher bill.

But Wednesday, from the Rio Grande Guardian, came word that a voucher “pilot program” could be introduced by—wait for it—Democratic state Sen. Eddie Lucio Jr. He just doesn’t want to call it “vouchers.” He told reporter Steve Taylor, at least twice, not to call it that:

The other bill would allow academically under-achieving students to leave their public school and received an education in a private school. A combination of taxpayer and private funding would help pay for their education but Lucio is keen to stress that the state funds would not come from the public education budget.

“The question is whether we are going to make a difference for those in need and those who are falling through the cracks. That is what my bills are really all about. It is not about taking away from public education funding. It is not about vouchers. It is more about helping a category of students who have fallen on hard times, who are disadvantaged economically and who need our help to make it through the system,” Lucio said.

[...]

“This will not be considered a voucher system. It will be set up in such a way that we do not use public education money. I do not want to see us being divided on this issue. It is just like feeding needy children, we do not really care where the money comes from. We just need to feed our children. It is the same thing with education.”

Lucio hasn’t filed a bill yet, but the plan as he describes it would be a lot like the business tax credits Patrick proposed last December. The Guardian explains that Lucio wants “a combination of taxpayer and private funding” for the program, which he figures would cost from $50 million to $100 million per biennium and pay for 10,000 to 20,000 students to attend private school.

“It’s still a voucher, because you’re still talking about diverting a funding stream out of [general revenue] that could have gone to funding public education,” says Monte Exter with the Association of Texas Professional Educators.

Exter notes that Lucio would go one step further than Patrick suggested last year, because his plan seems to include state spending up-front. It would take time, he says, to raise the tax credit money, so the state might have to start off paying for private tuition.

“What they’re doing is they’re creating a middle man, so instead of the state providing the money, they launder it through these tax credits,” says Texas Freedom Network spokesman Dan Quinn. “If you want to donate to send kids to a private school, you’re welcome to do that today. Getting a tax credit from the state makes it a publicly funded voucher program.”

If Lucio does introduce a tax credit program, Quinn figures he’d be the only Democrat backing it. “It’s a talking point more than it is a political advantage,” he says.

As in voucher fights past, Democrats and rural Republicans are still likely to oppose it. The vast majority of Texas’ public school districts don’t have any private schools in their boundaries that students could transfer to.

For what it’s worth, Lucio’s district has 27 private schools, according to the Texas Private School Accreditation Commission. All but three are Christian schools, and half are branches of St. Mary’s School in Brownsville.