Snake Oil

John Whitmire, Dan Patrick and Royce West
It wasn't all smiles this morning when Dan Patrick (R-Houston) got caught between John Whitmire (D-Houston) and Royce West (D-Dallas)

The Senate Finance Committee approved an extra $1.5 billion for public schools this morning, adding $1.375 million to formula funding and millions more for other education programs.

Finance chair Tommy Williams (R-The Woodlands) said the new amount would mean “no net revenue losses for any school district for 2014.” The Senate’s budget now also includes $14 million for the Student Success Initiative—a starved state program for helping at-risk students pass state tests—$40 million more for pre-kindergarten, plus millions more for Teach for America and the Texas Virtual School Network. The Austin American-Statesman‘s Kate Alexander has more.

The committee left just one piece of the education budget in limbo: funding for a new charter school authorizer that would be created under Sen. Dan Patrick’s Senate Bill 2—a seven-member appointed board to oversee the state’s charter schools.

It was a telling diversion in an otherwise agreeable budget meeting to watch a pair of Democratic senators try to make Patrick, the usually tight-fisted tea party favorite, defend the extra cost of his school reform plans.

Dallas Democrat Royce West began by saying he wasn’t convinced Texas should create a separate board for authorizing charter schools. That’s already the State Board of Education’s job, West said. He worried about putting charter school approvals in the hands of an unelected board and questioned how they’d be held accountable.

The move clearly irritated Patrick, who said he wished West had told him about his reservations sooner. (West said he already voted against it once in their workgroup, which should have been sufficient notice.) Members of the charter school authorizing board, Patrick said, would probably need Senate confirmation, and might answer to the State Board of Education—though those details aren’t final yet.

SB 2 is still pending in Patrick’s education committee after a hearing last week. The Legislative Budget Board has estimated Patrick’s bill would carry other huge costs to the state, growing every year—from $24 million in 2014, up to $55 million in 2018. Those costs include students coming from private or home-schooling into a charter school, new funding for charter school buildings, and state employees to oversee all the new schools.

Today’s argument focused on what the new Charter School Authorizing Authority would cost.

“Why would we turn to more government as a solution?” Houston Democrat John Whitmire asked Patrick. “Because I know that’s not your philosophy; I do listen to you closely.”

“Instead of fixing the agency that is in charge of this responsibility, you want to turn and create a new bureaucracy, more state employees, and I promise you this [charter school authorizer] budget will not remain where it is,” Whitmire said.

“I will bet you, whoever evaluates us,” Whitmire said, “this will be a measurement by the folks that advocate less government, that we’re creating another governmental entity. It is what it is.”

“Sir, this isn’t expanding government,” Patrick said, before explaining why this particular expansion is so important. As it is, the SBOE approves four or five charters a year, he said, but if Texas removes its cap on charters, the SBOE and the Texas Education Agency can’t handle scaling up to “15 or 25 or 35 a year.”

“The truth is, you know, sometimes we have to do the right thing. And if people on the outside don’t agree, they don’t agree,” Patrick said. “We’re gonna give poor children in this state who have no hope for a quality education an opportunity to learn.”

Latino-Coalition-for-Educational-Equity
Patrick Michels
Representatives of the Latino Coalition for Educational Equality, from left, included Joey Cardenas of Texas HOPE, MALDEF attorney David Hinojosa, Patricia Lopez of the National Latino/a Education Research and Policy Project, Bobby Guerra of the Texas Association of Bilingual Education, and MALDEF attorney Luis Figueroa.

Outside the Senate chamber Tuesday afternoon, advocates for minority students laid out their priorities for public education this session—and wondered why so few Latino experts have been invited to help shape this session’s biggest school reform bills.

The press conference, heralding a new Latino Coalition for Educational Equality, fell midway through a long day of hearings on bills that would scale back school testing and rework Texas’ graduation plans. Texas HOPE director Joey Cardenas worried that lawmakers are sidelining Latino voices as they rush ahead with those plans.

“I’m just amazed by the lack of participation of Latino experts in the process,” said Cardenas. “I think you’re leaving a significant part of the equation out.”

He said it’s time lawmakers include Latino leaders “not as an afterthought, but as decision-makers in that process.”

MALDEF attorney Luis Figueroa chimed in that there are, for instance, no Latino members on the House Appropriations subcommittee that handles public school funding.

As the fastest-growing demographic in Texas schools, Figueroa said, Latino students need a system that serves their needs—including schools that are better funded, measured by more than test scores, and support students still learning English. He said Latino students need schools that put them on a track to college, and keep expectations high.

Patricia Lopez, associate director of the National Latino/a Education Research and Policy Project, confronted the “tracking” issue more directly, worrying that lawmakers could set schools up a system that prematurely decides which students are college-bound and which are workforce-bound. Lawmakers insist the current plans won’t create a tracking system, but in committee meetings so far there’s been little more than a low rumble of doubt.

Issues like tracking are why Cardenas said lawmakers need to invite Latino experts to participate early in the process. It’s “fine”, he said, to have Latino leaders testify when bills are already drafted, “but we do so as an afterthought.”

“I think that’s part of the political process that needs to change.”

State Sen. Dan Patrick, R-Houston
Patrick Michels
State Sen. Dan Patrick unveils his plan for public education reform and school choice at in Austin last December.

Sen. Dan Patrick’s charter school bill filed Monday reads like a wish list for school choice fans: facilities funding for charter schools, an end to the cap on state-approved charters, and a dedicated board to grant charters.

It would also simplify the process for closing low-scoring charters—a popular measure among big players in the charter school world who hate bad press.

Patrick, chair of the Senate Education Committee, hinted at some of these reforms in December, and others—like the cap on charters and money for school buildings—were raised in the school finance trial that just wrapped up. District Judge John Dietz said that those were questions best left to the Legislature, and in Senate Bill 2, Patrick has taken him up on the offer.

Here, then, are some highlights of how Patrick’s bill changes the scenery for charter schools in Texas:

- Scraps the cap on state-approved charters, which currently stands at 215. Charter holders can already open multiple campuses (big chains like Harmony or KIPP), but charter advocates say there’s huge unmet demand, with long waiting lists at many charters across Texas.

- Creates a seven-member “Charter School Authorizing Authority.” Currently, charters are approved by the elected State Board of Education, but Patrick’s bill would put the power in the hands of seven appointees: four picked by the Governor and one each appointed by the lieutenant governor, education commissioner, and the State Board of Education chair. The governor would get to name the board’s presiding member.

- Give charters money for school buildings and other facilities—something charter schools in Texas have always done without.

- Requires school districts to make any empty or “underutilized” facilities available to charter schools that want them for the low, low price of $1.

- Makes it easier to close low-performing charters. Under Patrick’s proposal, the new charter authority must close charter schools that get poor academic or financial ratings from the state in three of the last five years.

- Gives more freedom to “home-rule districts.” Any school district can already become a home-rule district with approval from its local school board and the state, freeing itself of many rules imposed by the state. It’s a favorite cause of free-market groups like the Texas Public Policy Foundation, but in 17 years, no district has even tried to make the switch. Patrick’s bill would give “home-rule” districts almost all the freedom charter schools enjoy, and let districts make the change with a majority vote of the school board, not the two-thirds vote required today.

But the Texas Charter Schools Association is delighted with what’s in here. But there’s plenty here to rile advocates of traditional neighborhood schools—from the extra facilities money in a time when the Legislature is otherwise tight-fisted with money for schools—to the requirement that school districts hand over their empty buildings to charters.

Sen. Eddie Lucio Jr. (D-Brownsville) raised some of those concerns Monday afternoon in a Senate Finance Committee working group. ”I don’t want to take away from what has to be done for charter schools, but we don’t want to leave the public school facility needs out at the time,” he told Patrick.

“These are public schools, and we’re not funding them,” Patrick said.

Fans and critics will all get to have their say soon enough: Patrick’s already scheduled the bill for a hearing Thursday morning.

 

Observer legislative intern Liz Farmer contributed to this story.

At Senate Hearing, Donna Campbell Misses A Link or Two

At confirmation hearing for SBOE chair Barbara Cargill, freshman Sen. Donna Campbell steals the show.
State Board of Education chair Barbara Cargill (R-The Woodlands) wasn't the only one who seemed surprised by Campbell's line of questioning.
State Board of Education chair Barbara Cargill (R-The Woodlands) wasn't the only one who seemed surprised by Campbell's line of questioning.

State Board of Education chair Barbara Cargill sat down before the Senate Nominations Committee this morning to make a promise: under her watch, the board won’t be the “circus” it’s been in the past.

Instead, while Cargill carefully massaged away her contentious history, a truly remarkable circus act played out across from her, in the person of freshman Sen. Donna Campbell.

Cargill’s prospective nomination for another term as chair caught the ire of church-state separation groups like Texas Freedom Network and Americans United. In 2011, Cargill told a Texas Eagle Forum crowd they could count on only the “true conservative Christians” serving on the board, and—earlier this month—suggesting that textbook publishers should “soften” their language about the scientific merits of evolution.

Today, though, we met the kinder, gentler Barbara Cargill. When Sen. Kirk Watson asked Cargill about her practice, in the past, of asking textbook reviewers whether they were conservative, she said, ”I don’t ask that question anymore.” Cargill said she called members of the board to apologize after her comment about the “true conservative Christians.”

Sure, there was the reference to David Barton, who she called “a leading historian of our state, if not the nation.” And yes, she made references to teaching about “stasis” and “transitional fossils“—dog-whistle references to anti-evolution critiques of the fossil record. But for the most part, things were progressing sanely enough until Donna Campbell piped up, “I wanna ask something.”

“Drinking from the fire hydrant here. Are we saying here that there is opposition because we do not have the scientific facts to teach creation, that God did create world and man?” Campbell wondered. “I mean, are we trying to eliminate that, or are we just saying we want to include evolution? Or… where are we there?”

Campbell, the San Antonio Republican and tea party-backed neophyte who upset long-serving Sen. Jeff Wentworth in a 2012 primary runoff, seemed genuinely baffled to learn that Texas students don’t already learn creationism in class. (Federal courts long ago ruled that public schools couldn’t teach creationism. Or Intelligent Design, as it’s more fashionably known today. Or “Intellectual Design,” as Campbell called it a few minutes later.)

An odd, pregnant pause followed Campbell’s questions. Cargill seemed unsure how to proceed after taking such great pains to prove what a pro-science moderate she was. “Um,” is what Cargill said.

“For my edification,” Campbell urged.

Cargill responded by repeating her support for teaching the supposed evidence for evolution, as well as those troublesome gaps in the fossil record. What’s most important, Cargill said, is that no students are discouraged from asking questions in science class.

It was a deft redirection, and it might have ended there had Campbell not persisted, and unleashed the following:

“We don’t want to eliminate those things that you still do have to go on faith that are out there. I would venture to—we’re not gonna know until we go onto eternity. Obviously, I’m a Christian. I do believe in God as the creator of life … I’m just trying to see, and I don’t know if it’s your purview or I need to check with the TEA where that falls in line to make sure we’re not just teaching that evolution is our only—because we can measure—to me obviously, if I was creating anything and had a good model like DNA, I’d use it. And just tweak it a bit, and have a monkey here and a fish here, whatever.

“So I’m not sure you’re even the right place for me to go and double-check that.”

This time, it was up to Sen. Kirk Watson to rein the hearing in, and remind Campbell, the Vice Chair of the Senate Nominations Committee, why they were all in that room together.

“They’re the ones that are in a position to establish what’s in the textbook,” Watson said, referring to the state board.

“Uh-huh?” Campbell prodded.

“She, as chair,” Watson slowly explained, “is an in enormously powerful position to push publishers of textbooks and instructional materials. And there has been a significant debate on this board, including I’d point out, prior chairs who took very strong positions.”

With that Campbell seemed satisfied, or at least distracted, and Watson—who asked the only tough questions of Cargill this morning—seemed ready to throw his support behind nominating her for another term as chair. The committee will take an informal vote on Cargill Tuesday.

“I want to make sure that our chair of the SBOE is, in fact, making sure that good science is taught,” Watson said. “I think I have that commitment from her.”

Jimmie Don Aycock
Rep. Jimmie Don Aycock (R-Killeen)

Under a plan introduced today by new House Education Chair Jimmie Don Aycock (R-Killeen), Texas high schoolers would need to pass one third as many STAAR exams to graduate, and schools would be evaluated with a three-part rating that includes new measures of good budgeting and community success.

Aycock’s House Bill 5 is a monstrous reworking of the education code that finally commits to legalese the testing and accountability reforms he and other lawmakers have batted around for the last year or so. Still, Aycock stressed this morning that it’s only meant as a starting point.

“It is not a final work product that will go to the floor. I’m asking members to give suggestions of where they think it ought to wind up,” he said at the Capitol this morning.

The roughest debate will probably focus on the bill’s changes to the state testing requirements for high school graduates and a new accountability system for Texas schools.

Under Texas law today, high schoolers must pass 15 end-of-course exams in order to graduate. Aycock’s bill would trim that down to five: algebra I, biology, U.S. history, and reading and writing tests for English II. Some advocates want zero tests and business groups have said they want more, but Aycock said five seemed like the place to start. “We’re hoping that’s a reasonable sweet spot,” he said.

Today, the state assigns schools ratings based on academics—STAAR test performance and graduation rate—but Aycock’s bill would create a three-part test of school quality, covering academics, money management and community satisfaction.

That second piece would mean creating one streamlined financial report for school districts. The “community” piece, as defined in the bill, includes programs for fine arts; wellness and physical education; community and parental involvement; workforce development program; and programs for English language learners.

As with the bill’s testing reforms, Aycock said he’s still flexible on the accountability program. “I’m somewhat willing to let local districts say, ‘This is where we need to get to as a community,’ and let them say, ‘How did we do?’”

Aycock’s bill would also strip the wildly unpopular “15 percent rule,” which ties 15 percent of a high school student’s grade to their STAAR test scores. A bill from Sen. Dan Patrick (R-Houston) addressing that issue already sailed through the Senate floor morning.

Somewhere around 100,000 high school students in Texas are off-track to graduate, thanks to the new STAAR requirements—even after two rounds of retakes—which is why Aycock says it’s urgent to find a fix.

He’s far from the only one in the Capitol with a plan—in the Senate, Patrick, Kel Seliger (R-Amarillo) and Leticia Van de Putte have (D-San Antonio) all filed big reform bills too. Mike Villarreal (D-San Antonio) is among the House members with bills that would scale back STAAR testing.

With 11 other authors and co-authors (as of this writing), Aycock is lining up broad support to make sure his bill is the one the House sends to the Senate.