Education
Conservatives have enacted legislation to improve the quality of teachers in Texas’ public school classrooms, raise high school graduation requirements, and bring education into the 21st century through a Virtual School Network.
House Bill 3015 (78R) Higher Education Tuition Deregulation
Through House Bill 3015, Texas deregulated higher education tuition fees, giving individual university institutions the freedom to set their own tuition rates. The legislation’s stated goal was to provide tuition flexibility to Texas’ public universities:
With tuition flexibility, universities could use flexible rates to achieve strategic goals such as improving graduation rates, more efficient use of facilities, and improving academic programs.
Tuition flexibility for public universities was an important reform because the system of regulated tuition did not provide sufficient pricing options for the array of services an institution may offer. Nor did it lend itself to providing incentives for students to make efficient use of their time and state resources.
As a result of tuition deregulation, institutions can now offer innovative pricing programs, such as flat-rate tuition that assist in meeting the state's objective of increasing graduation rates, and in the long run save parents and students money.
Key point: House Bill 3015 deregulated higher education tuition, allowing Texas’ public colleges to offer innovative pricing programs and cope with increasing enrollment levels while retaining and expanding a world-class teaching and research staff.
House Bill 1022 (78R) Certification Requirements for Public School Teachers
House Bill 1022 provided that an educator’s contract of employment is void if the employee does not hold a certificate or permit from the State Board of Educator Certification, or if the employee fails to fulfill requirements necessary to extend a temporary or emergency contract or permit.
Under these circumstances, the bill authorized a school board to terminate the employee, suspend the employee, or retain the employee on an at-will basis in a position other than in a classroom. The bill asserted that a school district’s decision could not be appealed under these circumstances.
HB 1022 increased school district flexibility and ensured that teachers in the classroom are appropriately certified. It is clearly important that those employees that are certified to teach on a temporary or emergency basis, pending fulfillment of the requirements to be fully certified, meet the obligations for certification and that school districts have automatic recourse over those employees that do not fulfill that obligation.
Key point: House Bill 1022 established that an educator’s contract of employment is void if they do not hold appropriate certification from the State Board of Education.
House Bill 558 (78R) Rehiring of Experienced Teachers
Prior to passage of House Bill 558, teachers originally hired by a school district under a continuing contract must be extended the same type of contract to be rehired. As such, this discouraged school districts from rehiring experienced teachers because of the administrative costs and restrictions associated with the discrepancies in the contracts.
HB 558 addressed this issue by allowing school districts to rehire experienced teachers with a probationary contract after at least a two-year lapse in employment. This additional flexibility for school districts is an important tool that allows them to employ the best and most experience teachers available.
Key point: House Bill 558 allowed school districts to more-easily rehire experienced teachers by permitting probationary contracts to be offered to returning teachers.
Senate Bill 186 (78R) Computation of Dropout Rates
Senate Bill 186 brought Texas into compliance with federal guidelines covering the computation of dropout rates and required school districts to be in compliance by the 2005-06 school year.
Accurate statistical data is a vital component part of the process of formulating policy to address issues such as high school completion and dropout. Without a standardized computation method, there was considerable controversy over the accuracy of dropout data. Senate Bill 186 addressed this issue and will allow future policies to be formulated on the basis of accurate and uniformly-presented dropout data.
Key point: Senate Bill 186 mandated that public school dropout and completion rates be computed in accordance with standards and definitions adopted by the National Center for Education Statistics.
Senate Bill 1108 (78R) Academic Achievement in Public Schools
In order to bring the public education system in Texas into line with the No Child Left Behind Act, Senate Bill 1108 enacted the following reforms:
- A statewide standard for high-quality teachers;
- Personal graduation plans for students at risk of not receiving a diploma;
- Allowing students who have performed poorly on statewide assessments to receive credit for additional core courses in lieu of an elective enrichment course;
- The development of an on-line diagnostic and assistance program in each Texas Assessment of Knowledge and Skills (TAKS) subject area to help students prepare for the 11th grade exit-level test administration; and,
- Allowing participation in an innovative redesign project as one of the options to improve low-performing schools.
The changes enacted by SB 1108 gave school districts greater flexibility to improve performance and meet high academic standards.
Key point: Senate Bill 1108 directed the Education Commissioner to establish a statewide standard to certify a school district that is preparing, training, and recruiting high-quality teachers consistent with the federal “No Child Left Behind Act” of 2001.
House Bill 319 (78R) Public School Emphasis on Heritage and Free Enterprise
House Bill 319 amended the Education Code by adding the following objective to the list of goals of the public education system:
Educators will prepare students to be thoughtful, active citizens who have an appreciation for the basic values of our state and national heritage and who can understand and productively function in a free enterprise society.
Teaching of these values is important in the character development of school children. In particular, the objectives described by the bill applied a number of core conservative principles to the public education system. The bill stressed the importance of traditional values and free enterprise, and therefore applied an appropriate role of government in the public education system.
Key point: House Bill 319 established an additional objective for the state’s public education system; the objective included preparing students to “productively function in a free enterprise society” and giving students an understanding of “the basic values of our state and national heritage.”
House Bill 567 (78R) Expulsion of Students for Committing Criminal Offenses
Prior to passage of House Bill 567, a student could not be expelled by a school district as a result of behavior that took place off-campus or at a non-school event. HB 567 amended the Education Code so that students who commit murder, attempted murder, or aggravated robbery against another student can be expelled by school districts even if the offense was committed off-campus or at a non-school event. The bill provided school districts with the necessary authority to protect the safety of students by allowing students who commit serious, violent offenses to be expelled regardless of where the offense was committed.
Key point: House Bill 567 allowed school districts to expel students who commit crimes such as murder or aggravated robbery even if the offense is not committed on school premises.
House Bill 492 (79R) Personal Finance Education
Making informed financial decisions and having the knowledge to understand the fundamentals of personal finance is an important part of ensuring that individuals are able to take personal responsibility for their own financial support and be financially independent. As such, personal finance literacy should be taught to high school students as part of their core curriculum. House Bill 492 enacted this requirement without requiring an entirely new course to be developed thereby ensuring that personal finance literacy could be taught to students as effectively as possible while utilizing existing resources.
Key point: House Bill 492 required that instruction in personal finance literacy be provided in one or more courses that a student must take in order to graduate from high school.
House Bill 1 (79S3) High School Graduation Requirements
In addition to providing property tax relief, HB 1 (79S3) also directed the State Board of Education to adopt rules so that high school students are required to complete four years of English, math, science, and social studies before being permitted to graduate.
Establishing this minimum standard was an important reform that will help ensure that high school graduates have the knowledge and skills necessary to be successful in both higher education and the employment marketplace.
Key point: House Bill 1 established high school minimum graduation requirements to ensure that high school graduates have completed four years of study in core-curriculum areas.
House Bill 120 (80R) Off-Peak Tuition
House Bill 120 established a two-year pilot program at the University of Texas at Austin, Texas Tech University, and Texas A&M University in which reduced tuition rates can be charged for classes that are scheduled during off-peak hours.
The legislation encouraged universities to better utilize existing instructional facilities and to offer additional class opportunities for students. As an incentive for the universities to reduce tuition rates, the Texas Higher Education Coordinating board was permitted to grant additional funding based on the savings to the state that result from an institution’s efficient use of resources.
Key point: House Bill 120 established a pilot program under which UT Austin, Texas Tech, and Texas A&M can offer reduced designated tuition for courses provided during off-peak hours.
Senate Bill 1788 (80R) Virtual School Network
Despite notable exceptions, such as Plano ISD’s eSchool and Houston ISD’s ―Virtual School Texas,‖ the state lags behind many other states with regard to electronic distance learning networks. A virtual school network will be particularly beneficial because it directly addresses the challenges that school districts face with regard to classroom space and transportation. Students will be able to study the very best courses in the state on the virtual school network without placing any burden on a new school in terms of classroom space or transportation costs. Additionally, through a virtual school network, school districts can share the costs of providing courses that they would not otherwise be able to afford.
Key point: Senate Bill 1788 created a virtual school network that will make high-quality courses available online to all students in the state.
Senate Bill 1031 (80R) End of Course Exams
Senate Bill 1031 required districts to administer ―end of course‖ assessment instruments for secondary-level courses in Algebra I, Algebra II, geometry, biology, chemistry, physics, English I, English II, English III, world geography, world history, and United States history. The bill also stated that all students must be assessed in:
- mathematics, annually in grades three through seven without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra;
- reading, annually in grades three through eight;
- writing, including spelling and grammar, in grades four and seven;
- social studies, in grade eight; science, in grades five and eight; and any other subject and grade required by federal law.
In addition to end of course exams, SB 1031 also required that school districts administer an established, valid, reliable, and nationally norm-referenced preliminary college preparation (Preliminary SAT/National Merit Scholarship Qualifying Test) to students in the eighth and tenth grades.
Key point: Senate Bill 1031 phased out the problematic TAKS test and replaced it with subject-specific end of course exams. Senate Bill 1031 better prepares Texas high school students for college.
Senate Bill 9 (80R) Protecting School Children
Through Senate Bill 9, the Legislature required that every public school employee submit fingerprints for a national criminal history background check through the Department of Public Safety and the Federal Bureau of Investigation. The bill allowed the State Board of Educator Certification to suspend or revoke the certification of an individual who has been convicted of a felony or misdemeanor offense relating to the duties and responsibilities of the education profession, including:
- an offense involving a form of sexual or physical abuse of a minor or student or other illegal conduct in which the victim is a minor or student;
- a felony offense involving the possession, transfer, sale, or distribution of or conspiracy to possess, transfer, sell, or distribute a controlled substance;
- an offense involving the illegal transfer, appropriation, or use of school district funds or other district property; or,
- an offense involving an attempt by fraudulent or unauthorized means to obtain or alter a professional certificate or license.
Key point: Senate Bill 9 prohibited all individuals who have been convicted of homicide, assault, kidnapping, or any offense involving a child that requires registration as a sex offender from being employed at a public school.
House Bill 4294 (81R) Electronic Textbooks in Public Schools
House Bill 4294 requires the Texas Education Agency (TEA) to adopt a list of electronic textbooks and other instructional materials; the bill allows school districts to select items from the list to use in their instructional programs in addition to traditional textbooks.
The bill establishes that before being placed on the approved list, an electronic textbook or learning material must be reviewed and recommended to TEA by a panel of:
- Recognized experts in the subject area of the electronic textbook or instructional material; and,
- Experts in education technology.
Materials must also include:
- Evidence of alignment with current research in the subject for which the electronic textbook or instructional material is intended to be used;
- Coverage of the essential knowledge and skills for the subject for which the electronic textbook or instructional material is intended to be used.
Key point: The bill authorizes the state textbook fund to be used to purchase electronic textbooks via a supplement from the technology allotment. HB 4294 is the first step toward a needed modernization of instructional materials in Texas’ public schools.
House Bill 51 (81R) Funding New Tier One Universities
House Bill 51 creates the Research University Development Fund to provide funding to eligible institutions of higher education to enhance their research functions and emerge as a nationally- prominent major research university.
House Bill 51 directly addresses the existing shortage of nationally-recognized research universities in Texas (commonly known as "Tier One universities"), relative to the number of high school students who graduate in Texas. Texas currently has only three "Tier One" universities: the University of Texas at Austin, Texas A&M University, and Rice University.
Texas, however, is the second most populous state in the nation, behind California, and ahead of New York. While Texas has just three tier one universities, California has nine and New York has seven. This places Texas at a significant educational disadvantage and threatens to force potential students out of the state, results in comparatively lower levels of federal research funding, and inhibits the growth of the state’s largest cities.
The "eligible institutions" to receive funding under this bill (defined as "emerging research universities") are:
- University of Houston,
- Texas Tech University,
- University of North Texas,
- University of Texas at Arlington,
- University of Texas at Dallas,
- University of Texas at El Paso, and
- University of Texas at San Antonio
Under the provisions of H.B. 51, the Higher Education Coordinating Board (THECB) would distribute funds among eligible institutions in proportion to the amount of research funds expended by each institution.
Key point: World-class colleges and universities and a better educated population are critical for the future prosperity of our state. H.B. 51 is necessary to improve higher education in Texas and to keep more of our brightest students in the State.
House Bill 2504 (81R) Higher Education Transparency
House Bill 2504 requires every public institution of higher education to make available to the public on its website:
- A course syllabus;
- A curriculum vitae of each regular instructor; and,
- A departmental budget report for each undergraduate classroom course offered.
The information must be accessible from the institution's website by use of not more than three links, searchable by keywords and phrases, and accessible to the public without requiring registration or use of user identification.
While some instructors choose to post their course syllabus online for student viewing, it is not a requirement and can typically only be accessed by students who are currently enrolled in a specific course via a secure, password protected website.
Making course syllabi available online to the public would give students access to information about courses they are considering, prior to enrollment and help students and parents make a more informed choice about course registration.
Key point: Posting a course budget report online will also enable students to see exactly how much money they would be expending on a specific course. This bill helps students and their parents get as much value as possible from the investment that they make in higher education.
Senate Bill 891 (81R) Physical Education Requirements in Public Schools
Senate Bill 891 amends the Education Code as it relates to physical education requirements in public schools. Specifically, the bill establishes that:
- Physical education curricula must include the knowledge and skills necessary during a lifetime of regular physical activity;
- On a weekly basis, at least 50 percent of the physical education class be used for actual student physical activity and that the activity be, to the extent practicable, at a moderate or vigorous level;
- Students should have an opportunity to choose from many types of physical activity in which to participate, including both cooperative and competitive games;
- Physical education curricula should teach self-management and movement skills, cooperation, fair play, and responsible participation in physical activity.
Key point: SB 891 will enhance the teaching of physical education curricula in Texas public schools, with the goals of improving the health and fitness of Texas students and of giving students a platform to live a healthy lifestyle.

