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Purple Apple
by Georgina C. Pérez
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This is an update based on weekly conference calls initiated by the Texas Education Agency. *Always refer to TEA guidance. This information is subject to change as the situation evolves. TEA Coronavirus (COVID-19) Support and Guidance The Texas Education Agency (TEA) continues to work with the Office of the Governor, Texas Department of State Health Services (DSHS) and the Texas Division of Emergency Management (TDEM) to coordinate and plan the state’s response to COVID-19. TEA’s role in these efforts is to help coordinate the flow of information from the state to districts, help districts solve problems, and provide guidance that will aid in districts’ decision-making. TEA does not have the general authority to close schools for matters related to health. This authority lies with the local health authority, DSHS, and the Governor of Texas. https://tea.texas.gov/texas-schools/health-safety-discipline/coronavirus-covid-19-support-and-guidance
STAAR Testing Window, 2020-2021 |
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MENTAL HEALTH
Texas Health and Human Services launched a 24/7 statewide mental health support line to help all Texans experiencing anxiety, stress or emotional challenges due to the COVID-19 pandemic. This resource offers COVID-19-related mental health support for anyone who calls, including foster parents and all other caregivers. People can call the Statewide COVID-19 Mental Health Support Line 24 hours a day, 7 days a week toll-free at (833) 986-1919.
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The Texas Permanent School Fund (PSF) is the largest public endowment in the nation. Zero minority-owned or HUB-certified law firms provide counsel to the PSF Bond Guarantee Program. Historically Underutilized Businesses (HUBs: women-owned, veteran-owned, minority-owned) have not been awarded contracts to lobby for, perform any oversight, or manage the taxpayer's fund.
During the July 2nd meeting of the Texas State Board of Education's meeting, I asked for this agenda item to be pulled from the Permanent School Fund's consent agenda:
Approval of the Selection of a Legal Counsel for the Bond Guarantee Program as outlined in RFQ 701-20-006 for the Texas Permanent School Fund and Authorization for Contract Execution by the Commissioner of Education
My request was due to the inadequate response to the Board's Request for Qualifications (RFQ). As custodians of the Bond Guarantee Program, the Texas SBOE is charged with the safeguarding of the public’s money. When we are likely facing a deep recession, moving forward with only one applicant is irresponsible. I also noted that this one applicant is not HUB Certified. The lack of minority participation does not speak well of this organization that represents 5.4 million students, of which more than 50% are minorities.
The RFQ process is designed to give us choices to ensure we’re selecting quality firms. Neither ISD Boards of Trustees nor classroom teachers are allowed to purchase paper or pencils without comparing a minimum of three vendors. A panel of a few firms strengthens the breadth of services we receive. Just as important, should a conflict of interest arise, a group of firms provides alternatives.
During the consideration of the one respondent, DLA Piper, for a contract to represent the Permanent School Fund’s Bond Guarantee Program, the TXSBOE discussed a wide range of topics including the TXSBOE’s fiduciary responsibility and social justice requirements. After considerable debate and an amendment that received support from 12 of the 15 board members, the TXSBOE voted to encourage the law firm of DLA Piper to honor its commitment to racial equality.
TXSBOE Discussion (2:15:00): http://www.adminmonitor.com/tx/tea/general_meeting/202007021/
During the July 2nd meeting of the Texas State Board of Education's meeting, I asked for this agenda item to be pulled from the Permanent School Fund's consent agenda:
Approval of the Selection of a Legal Counsel for the Bond Guarantee Program as outlined in RFQ 701-20-006 for the Texas Permanent School Fund and Authorization for Contract Execution by the Commissioner of Education
My request was due to the inadequate response to the Board's Request for Qualifications (RFQ). As custodians of the Bond Guarantee Program, the Texas SBOE is charged with the safeguarding of the public’s money. When we are likely facing a deep recession, moving forward with only one applicant is irresponsible. I also noted that this one applicant is not HUB Certified. The lack of minority participation does not speak well of this organization that represents 5.4 million students, of which more than 50% are minorities.
The RFQ process is designed to give us choices to ensure we’re selecting quality firms. Neither ISD Boards of Trustees nor classroom teachers are allowed to purchase paper or pencils without comparing a minimum of three vendors. A panel of a few firms strengthens the breadth of services we receive. Just as important, should a conflict of interest arise, a group of firms provides alternatives.
During the consideration of the one respondent, DLA Piper, for a contract to represent the Permanent School Fund’s Bond Guarantee Program, the TXSBOE discussed a wide range of topics including the TXSBOE’s fiduciary responsibility and social justice requirements. After considerable debate and an amendment that received support from 12 of the 15 board members, the TXSBOE voted to encourage the law firm of DLA Piper to honor its commitment to racial equality.
TXSBOE Discussion (2:15:00): http://www.adminmonitor.com/tx/tea/general_meeting/202007021/
DLA Piper was ultimately awarded a contract valued at $100,000 to $150,000 per year to support the Public School Fund. Several TXSBOE members agreed with my concerns about the procurement process and DLA Piper’s response to the Request For Qualifications. As stewards of taxpayer dollars, TXSBOE members should always consider more than one possible vendor for any contract, a universally recognized best practice. I requested that the TXSBOE re-open the process so that more firms, including HUBs, could be considered. This amendment request was denied.
DLA Piper’s original response to HUB contracting that allowed the firm to ‘Self-Perform’ the contract and give no consideration to capacity building among HUBs by exploring subcontracting opportunities was alarming to me. DLA Piper’s Self Performance Justification, which would have the firm do the work required under the contract without consideration of any HUB partnerships or goals, is not consistent with its public statements that underscore its commitment to racial equality.
DLA Piper Newsroom | “Underscoring our commitment to racial equality”
In the wake of the senseless deaths of Breonna Taylor, Ahmaud Arbery, George Floyd, and unfortunately many others, DLA Piper stands shoulder to shoulder with the Black/African American community as well as other vulnerable communities. We see you, we hear you and we support you. DLA Piper categorically and unequivocally condemns systemic racism. We have seen time and again over the course of our lives the marginalization and institutional biases that burden our communities and the nation. As Dr. Martin Luther King said, “Our lives begin to end the day we become silent about things that matter.”
Read more: https://www.dlapiper.com/en/us/news/2020/06/underscoring-our-commitment-to-racial-equality/
The accepted amendment creates space for the law firm to engage in capacity building by exploring subcontracting opportunities with HUBs. As repeatedly emphasized, the amendment does not require the firm to subcontract with HUBs - despite several amendment requests - but to simply make a good-faith effort to do so.
After several years, the involvement of numerous community organizations, and leaders at all levels of government, Robert E. Lee Road is now Buffalo Soldiers Road.
It has taken the State of Texas until 2019 to write that slavery was the central cause of the Civil War in our history curriculum; until 2020, to adopt an African American Studies course, and longer to remove Confederate plaques and monuments honoring the names and actions of slave traders, defenders of slavery, and traitors to our nation.
On June 23, El Paso City Council accepted my $1,500 donation dedicated to offset renaming expenses and voted to change the name to Buffalo Soldiers Road. This endeavor joins the efforts of Fort Bliss' Buffalo Soldier Gate and meets the Buffalo Soldier Monument commemorating the 1870 expedition by the all African American 9th Calvary that had a substantial presence on Fort Bliss.
As a community, we find ourselves in a pivotal moment where the opportunity to be actively anti-racist and work for equality is before us. We are called to respond, to improve life as we know it today, and leave the world always in a better state than which we found it.
As the Reverend Dr. Martin Luther King, Jr. said, “The time is always right to do what is right,” and that time is now. We can all begin by treating people with dignity, courtesy, and respect. Changing this street name to Buffalo Soldiers Road is a small step in the right direction.
It has taken the State of Texas until 2019 to write that slavery was the central cause of the Civil War in our history curriculum; until 2020, to adopt an African American Studies course, and longer to remove Confederate plaques and monuments honoring the names and actions of slave traders, defenders of slavery, and traitors to our nation.
On June 23, El Paso City Council accepted my $1,500 donation dedicated to offset renaming expenses and voted to change the name to Buffalo Soldiers Road. This endeavor joins the efforts of Fort Bliss' Buffalo Soldier Gate and meets the Buffalo Soldier Monument commemorating the 1870 expedition by the all African American 9th Calvary that had a substantial presence on Fort Bliss.
As a community, we find ourselves in a pivotal moment where the opportunity to be actively anti-racist and work for equality is before us. We are called to respond, to improve life as we know it today, and leave the world always in a better state than which we found it.
As the Reverend Dr. Martin Luther King, Jr. said, “The time is always right to do what is right,” and that time is now. We can all begin by treating people with dignity, courtesy, and respect. Changing this street name to Buffalo Soldiers Road is a small step in the right direction.
The largest portion of CARES Act Funding (under ESSER) will almost entirely be used to replace some of the funding ISDs would have normally received (which are State funds) in a non-pandemic year. Texas is using ESSER as a piggy bank because state revenue (sales tax) has plunged due to COVID19 as have the the oil and gas taxes.
See Q & A #8 (page 11) on this TEA document:
CARES Act Funding and COVID Expense Reimbursement FAQ June 4, 2020
https://tea.texas.gov/sites/default/files/covid/COVID-19-CARES-Act-Funding-and-Expense-Reimbursement-FAQ.pdf
Is all this CARES Act money from the feds going to supplement ADA funding flows or is it only to reimburse specific expenditures by specific schools? Posted May 28, 2020Currently there are two large funding streams from the CARES Act that will impact K-12 education in the state. (There are also several smaller funding streams.) The ESSER fund flows to school districts. A portion of the ESSER fund would supplement expected FSP funding in district budgets (roughly 5% of the ESSER formula total per LEA, which would be used to cover any requested private school equitable services, but if no/fewer requests are received, would be extra funding for any lawful purpose). The remainder will be used as a source of funds for the Foundation School Program ADA Hold Harmless, and so would not be supplemental funding.The CRF is a reimbursement program. These are supplemental funds to school districts, intended to cover extra COVID-19 expenses.
Much like FEMA, 75% of additional costs due to Coronavirus expenses (which occurred between March 1 - May 20, 2020) can be reimbursed via CRF. However, there is a maximum reimbursement limit equal to $50,000 or $250 per low-income student (whichever amount is higher).
See Q & A #2 (page 12) on this TEA document:
CARES ACT – Coronavirus Relief Fund (CRF)
https://tea.texas.gov/sites/default/files/covid/COVID-19-CARES-Act-Funding-and-Expense-Reimbursement-FAQ.pdf
How much reimbursement can we anticipate receiving under CRF? Posted May 21, 2020LEAs will be eligible for up to 75% of additive expenses incurred as of close of business May 20, 2020, to be reimbursed subject to a cap per LEA described below, and subject to CRF funding availability as described below. Each LEA will be capped at a reimbursement amount equal to the greater of $50,000 or an amount equal to $250 per compensatory education (SCE) student in the LEA. This would allow for every LEA, regardless of size or SCE student count, to receive at least $50,000 assuming they incurred at least $67,000 in underlying reimbursable expenses. For LEAs with more than 200 SCE students, their reimbursement would be capped at an amount equal to $250 per SCE student.
*ESSER: The Elementary and Secondary School Emergency Relief (formula funding for emergency relief)
The 5% is going to private schools and virtual education vendors. How much is 5% ? Let's assume a local ISD is expecting to recover $10M in CARES funding, 5% of this is $500,000.
Based on this guidance from the Texas Education Agency, the ISD hoping to recover $10M, must use $500K - of their CARES funding - to pay for services requested by private non-profit schools within district boundaries. If there are none, ISDs can spend 100% of ESSER funds. See TEA link above p9, Q31
Based on this guidance from the Texas Education Agency, the ISD hoping to recover $10M, must use $500K - of their CARES funding - to pay for services requested by private non-profit schools within district boundaries. If there are none, ISDs can spend 100% of ESSER funds. See TEA link above p9, Q31
Federal stimulus funding appropriated by Congress to help states and school districts deal with the effects of the coronavirus pandemic could find its way into the coffers of private schools and virtual education vendors.
The Texas Education Agency published new guidance on CARES Act funding for school districts on May 21, 2020. Confirming the state’s decision to abide by the direction from Secretary of Education Betsy DeVos to expand eligibility for equitable services, the agency explains in its FAQ document that school districts must use their stimulus funding to offer equitable services to all private nonprofit schools within the attendance zone. TEA adds that the district must provide the services, as chosen by the private school, to any of the private schools who opt to participate. Under this guidance, school districts would not be forced to send the stimulus money directly to the private school for its own discretionary use, but the districts would have to pay for services requested by the private school.
Teach the Vote https://www.teachthevote.org/news/2020/05/20/texas-signals-it-may-send-federal-k-12-dollars-to-private-schools/
Over the last few weeks, the White House, the Department of Education, and other federal agencies have released a significant amount of guidance to support schools, educators, and families regarding COVID-19 (Coronavirus). For updated information, please visit Coronavirus.gov, CDC.gov/coronavirus, and USA.gov/coronavirus.
For education-related information, the Department has established a dedicated Coronavirus webpage (ed.gov/coronavirus), which includes resources for institutions of higher education and for K-12.
For education-related information, the Department has established a dedicated Coronavirus webpage (ed.gov/coronavirus), which includes resources for institutions of higher education and for K-12.
- The website includes guidance for students at institutions of higher education, and covers Coronavirus-related scenarios that could impact students who are enrolled in study abroad programs, students who meet full-time requirements but fall below 12 credit hours, students who are quarantined and miss class, campuses that have temporarily stopped offering ground-based classes to prevent the spread of Coronavirus, and foreign schools that serve Americans who receive Federal financial aid.
- Also see a letter from the Office for Civil Rights that addresses potential discrimination associated with coronavirus.
- Information regarding certain flexibilities under the Every Student Succeeds Act, or “ESSA;”
- Information regarding services to children with disabilities;
- A fact sheet from our Office for Civil Rights on the risk of Coronavirus in schools while protecting the civil rights of students; and a short webinar on Online Education and Website Accessibility.
- Information on the Family Education Records Privacy Act, or “FERPA,” as it pertains to K-12 and higher education students.
- Information for Accrediting Agencies Regarding Temporary Flexibilities Provided to Coronavirus Impacted Institutions or Accrediting Agencies.
16 March 2020 | Governor’s Office Clears Path for Governmental Bodies to Meet Telephonically or by Videoconferencing During Coronavirus Disaster
Governor Abbott’s office today approved a request by the Office of the Attorney General to temporarily suspend a limited number of open meeting laws in response to the Coronavirus (COVID-19) disaster. This action will allow governmental bodies to conduct meetings by telephone or video conference to advance the public health goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the Coronavirus (COVID-19).
Importantly, however, this action does not suspend requirements that governmental bodies conduct meetings in a transparent and accessible manner. Specifically, governmental bodies are still be required to do the following:
Read the Attorney General's notification:
www.texasattorneygeneral.gov/news/releases/governors-office-clears-path-governmental-bodies-meet-telephonically-or-videoconference-during
Governor Abbott’s office today approved a request by the Office of the Attorney General to temporarily suspend a limited number of open meeting laws in response to the Coronavirus (COVID-19) disaster. This action will allow governmental bodies to conduct meetings by telephone or video conference to advance the public health goal of limiting face-to-face meetings (also called “social distancing”) to slow the spread of the Coronavirus (COVID-19).
Importantly, however, this action does not suspend requirements that governmental bodies conduct meetings in a transparent and accessible manner. Specifically, governmental bodies are still be required to do the following:
- provide online written notice containing a public toll-free dial-in number or a free-of-charge videoconference link, as well as an electronic copy of any agenda packet, before conducting telephonic or video conference meetings;
- provide the public with access and a means to participate in those meetings, preferably through two-way audio or video connections; and
- provide the public with access to a recording of those meetings.
Read the Attorney General's notification:
www.texasattorneygeneral.gov/news/releases/governors-office-clears-path-governmental-bodies-meet-telephonically-or-videoconference-during
Our students are out for extended periods of time due to COVID-19 precautionary measures. While these efforts go a very long way to protect our communities, our students and teachers need the same protections applied to accountability.
Whether it's poverty or lack of resources, many communities along the border (and across Texas) do not have access to wifi and do not possess digital devices necessary for online learning. This means our students whose promotion, retention, and graduation is based on test scores are at great risk.
Our nation, state, and cities across the U.S. have declared emergency. Holding our students and teachers responsible for continued learning in the current situation is irresponsible and unnecessary.
16 March 2020 | Governor Abbott Waives STAAR Testing Requirements
https://tea.texas.gov/sites/default/files/Governor%20Abbott%20Waives%20STAAR%20Testing%20Requirements.pdf
Whether it's poverty or lack of resources, many communities along the border (and across Texas) do not have access to wifi and do not possess digital devices necessary for online learning. This means our students whose promotion, retention, and graduation is based on test scores are at great risk.
Our nation, state, and cities across the U.S. have declared emergency. Holding our students and teachers responsible for continued learning in the current situation is irresponsible and unnecessary.
16 March 2020 | Governor Abbott Waives STAAR Testing Requirements
https://tea.texas.gov/sites/default/files/Governor%20Abbott%20Waives%20STAAR%20Testing%20Requirements.pdf
13 March - The waivers between the Texas Department of Agriculture and the their U.S. counterparts allowing federal reimbursement for non-school based food service should be in place by Monday, 16 March 2020 - (i.e., your curbside food service).
13 March | Letter from USDA
https://tea.texas.gov/sites/default/files/TDA%20COVID19%20RESPONSE%20NonCongregate%20and%20School%20Sites%202020.pdf
13 March | Letter from USDA
https://tea.texas.gov/sites/default/files/TDA%20COVID19%20RESPONSE%20NonCongregate%20and%20School%20Sites%202020.pdf
You're Invited to the TXSBOE Public Hearing on African American Studies!
The Texas State Board of Education is scheduled to hold a public hearing on the adoption of an African American Studies course on November 13th - Click here to review the agenda. AAS will be the second addition to the Texas Ethnic Studies course catalog. Click here to review the course and submit your public comment.
Sign Up to testify here.
Sign Up to testify here.
The Texas Education Agency’s “Texas Resource Review” (TRR), formerly known as the Instructional Materials Quality Review (IMQR), has received a great deal of criticism, and rightfully so. Here’s why:
Here is some critical information that taxpayers should know:
5. More Stars = Better Quality. The issue then becomes the definition of quality. A textbook that received a high score (or more stars) is considered “high-quality.” However, Texas students have a wide range of needs. For example, a Dual Language academy may not find textbooks that do not support Language Learners or Biliteracy as high quality. Will the Board of Trustees at your ISD purchase books and technology which are best for their community? Or will they purchase what TEA says is good stuff?
6. The Law. “The commissioner by rule shall establish the procedure by which a publisher may submit instructional materials for inclusion in the web portal.”
see: Texas Education Code Sec. 31.081 https://texas.public.law/statutes/tex._educ._code_section_31.081
The web portal is the TRR (or the IMQE). The intent behind the law was to have a review of Open Educational Resources (OERs), which are freely accessible, openly licensed text, media, and other digital assets that are useful for teaching, learning, and assessing as well as for research purposes.
However, the ambiguity in the statute and the lack of oversight of TEA has resulted in this:
"At the request of a single member of the Texas State Board of Education or 10% of ISD’s, a publisher must submit their materials to the Quality Review."
Please note that in no place in Texas statute does a single member of an elected body have this kind of power. Many of the TXSBOE Members stood against this TEA Rule. However, Commissioner Morath has the final say.
The Texas State Board of Education nor the Texas Education Agency determines the best method to teach. Equally, neither should the TEA or the TXSBOE rank or score textbooks and technology.
It seems that TEA is placing itself on a path to accomplish what C-Scope could not.
- Democracy. The TRR removes the public voice from Instructional Material reviews. The TRR does not, however, relinquish the taxpayer dollars. You may be asking yourself, “Where is the public input now?” The Texas State Board of Education requires all materials to be online and at your local Education Service Center. The TXSBOE also solicits public input from their respective districts as well as input via phone call, email, USPS, and fax, which is reviewed by all Members. We also hold public hearings. Anyone can listen via livestream, where anyone can attend in-person, or in the hearing room, and speak their piece. The Texas State Board of Education is the public’s access to public education.
- Participation. Since the quality review process began in 2017, fewer than 3% of Texas ISD’s are participating in this costly experiment.
- Twice the effort, what's the result? Why should taxpayers bear the burden of costly reviews, twice? The easy answer is - they shouldn’t. So which one should the state use? That’s an easy answer, too, but, elected officials, ISD leadership, nor taxpayers get to decide. For now, you will fund both: one that ISDs prefer and one they do not.
- Ranking. One of the biggest criticisms of the TEA’s quality review continues to receive focuses on the ranking of materials. A handful of individuals selected by The New Teacher Project (with oversight from EdReports, contracted by SAFAL) were all set to give stars to materials based on a set of indicators.
Here is some critical information that taxpayers should know:
- The New Teacher Project has no experience reviewing instructional materials in Texas, or anywhere else.
- EdReports has only worked on Common Core materials, which are illegal in Texas. EdReports uses its preexisting scorecards to grade Texas materials. In other words, EdReports is using a scorecard made for materials that are illegal in Texas.
- SAFAL has several contracts with TEA and several quality issues, which have resulted in reduced payments.
5. More Stars = Better Quality. The issue then becomes the definition of quality. A textbook that received a high score (or more stars) is considered “high-quality.” However, Texas students have a wide range of needs. For example, a Dual Language academy may not find textbooks that do not support Language Learners or Biliteracy as high quality. Will the Board of Trustees at your ISD purchase books and technology which are best for their community? Or will they purchase what TEA says is good stuff?
6. The Law. “The commissioner by rule shall establish the procedure by which a publisher may submit instructional materials for inclusion in the web portal.”
see: Texas Education Code Sec. 31.081 https://texas.public.law/statutes/tex._educ._code_section_31.081
The web portal is the TRR (or the IMQE). The intent behind the law was to have a review of Open Educational Resources (OERs), which are freely accessible, openly licensed text, media, and other digital assets that are useful for teaching, learning, and assessing as well as for research purposes.
However, the ambiguity in the statute and the lack of oversight of TEA has resulted in this:
"At the request of a single member of the Texas State Board of Education or 10% of ISD’s, a publisher must submit their materials to the Quality Review."
Please note that in no place in Texas statute does a single member of an elected body have this kind of power. Many of the TXSBOE Members stood against this TEA Rule. However, Commissioner Morath has the final say.
The Texas State Board of Education nor the Texas Education Agency determines the best method to teach. Equally, neither should the TEA or the TXSBOE rank or score textbooks and technology.
It seems that TEA is placing itself on a path to accomplish what C-Scope could not.
Author
Georgina C. Pérez
Texas State Board of Education District 1
The state does not provide funding for an office nor staff. Please consider supporting TXSBOE1
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