Post-Legislative Session Report: First in a Series* PRIMARY AND SECONDARY EDUCATION September 25, 2013 Victor O. Obaseki, JD, Policy Coordinator Seth A. Kessler, MPA, Graduate Research Assistant Kathryn A. Freeman, JD, Policy Coordinator INTRODUCTION House Bill (HB) 5 was one of the most prominent bills during the Texas Legislature’s 83rd regular session. The bill changed high school graduation requirements and reduced the number of required state secondary school exams. Senate Bill (SB) 2, another high-profile education bill, increased the number of contracts for open-enrollment charter schools from 215 to 305 over the next six years, paving the way for the continued growth of charter schools in Texas. In June, Governor Rick Perry signed both measures into law. HB 5’s change in high school graduation requirements and the growth of open-enrollment charter school contracts under SB 2 likely will have significant effects on students. This report explores these bills and some of their potential effects. *   This report is one in a series that looks back at issues and bills from the 83rd Legislative Session of the Texas Legislature. The Barbara Jordan Institute for Policy Research at Texas Southern University contributed to this report. 0 HOUSE BILL 5 HB 5’s overhaul of high school graduation curriculum requirements may have the broadest impact of any measure in the bill. The legislation replaced the minimum, recommended, and distinguished high school graduation plans with a singular foundation high school graduation plan and a choice of one of five “endorsements,” which require additional curriculum in select subject areas. The endorsements include: (1) science, technology, engineering, and mathematics (STEM); (2) business and industry; (3) public services; (4) arts and humanities; and (5) multidisciplinary studies. Beyond the foundation plan and endorsements, HB 5 also established the new distinguished level of achievement for high school graduation, which sets the highest curriculum standards. While the legislation leaves a lot of the curriculum designing to the State Board of Education, Table 1 shows the required credits in HB 5 (beginning with the 2014-2015 school year). Table 2 provides the pre-HB 5 credit requirements. Table 1. Texas High School Graduation Requirements in HB 5, beginning with the 2014-2015 school year Foundation—22 credits* Foundation + Endorsement—26 Foundation + Distinguished—26 credits* credits* 4 English 4 English 4 English 3 Math 4 Math 4 Math (including Algebra II) 3 Science 4 Science 4 Science 3 Social Studies 3 Social Studies 3 Social Studies 2 Non-English Lang. or 2 Non-English Lang. or 2 Non-English Lang. or Computer Programming (with Computer Programming (with Computer Programming (with exceptions for the second credit of exceptions for the second credit of exceptions for the second credit Non-English Lang.) Non-English Lang.) of Non-English Lang.) 1 Physical Education 1 Physical Education 1 Physical Education 1 Fine Arts 1 Fine Arts 1 Fine Arts 5 Electives 7 Electives** 7 Electives** (credits must include subject(credits must include subjectspecific curriculum according to specific curriculum according “endorsement” chosen) to “endorsement” chosen) * The 22 total credits for the foundation plan and the 26 total credits for the foundation + endorsement and foundation + distinguished plans are based on the presumption that the State Board of Education, which has some discretion to establish the high school graduation plans, establishes the plans with the same total credit requirements as previous, similar high school graduation plans. ** HB 5 requires that the State Board of Education design the high school graduation “endorsements” to include subject-specific credits for each of the five endorsements, thus there likely will be less than seven true elective credits for the foundation + endorsement and foundation + distinguished high school graduation plans. Table 2. Texas High School Graduation Requirements before HB 5, beginning with the 2013-2014 school year Minimum—22 credits Recommended—26 credits Distinguished—26 credits 4 English 4 English 4 English 3 Math 4 Math 4 Math 2 Science 4 Science 4 Science 3 Social Studies 4 Social Studies 4 Social Studies 1 Academic Elective 2 Non-English Lang. 3 Non-English Lang. 1 Physical Education 1 Physical Education 1 Physical Education 0.5 Speech 0.5 Speech 0.5 Speech 1 Fine arts 1 Fine Arts 1 Fine Arts 6.5 Electives 5.5 Electives 4.5 Electives 4 Advanced Measures*** *** Including original research, certain national standardized exam scores, or college-level course completion with certain grades 0 Top Ten Percent HB 5 requires a student to graduate under the new American students and 12.1 percent of Latino distinguished level to qualify for the top ten percent students in the Class of 2011 exam-takers were at or automatic admission program. The top ten percent above criterion score on the SAT or ACT national law grants students who graduated in the top ten college entrance exam; meanwhile, 40.6 percent of percent of their high school White students and 51.8 class automatic admission to percent of Asian students Black or African American any state college or reached the same benchmark enrollment has stayed particularly university, with an exception (TEA Division of for The University of Texas Performance Reporting, low at the state’s flagship at Austin (UT Austin), which 2012). has some limited discretion universities. In Spring 2013, just in its admission of those topBlack or African American tier students. It is important enrollment has stayed 4.9 percent of UT Austin to recall that the top ten particularly low at the state’s undergraduate students identified percent law was passed in flagship universities. In 1997, as a reaction to the Spring 2013, just 4.9 percent as Black, while just 3.2 percent of 1996 Hopwood decision of of UT Austin undergraduate the US Fifth Circuit Court of students identified as Black Texas A&M undergraduate Appeals, which barred (The University of Texas at affirmative action admission Austin, Office of Information students identified as Black. policies in Texas. Hopwood Management and Analysis, v. Texas, 78 F.3d 932, 948 2013), while just 3.2 percent (1996). It is well known that the idea behind the top of Texas A&M undergraduate students identified as ten percent law is to give automatic admission to the Black (Texas A&M University, Data and Research best students from homogenous urban and rural Services, 2013). In 2012, many of the Black or communities, with the hopes of racially and African American undergraduates who enrolled at culturally diversifying Texas’ higher education these institutions gained admission by way of the top campuses, particularly the flagship universities, UT ten percent law, with 73.2 percent of UT Austin Austin and Texas A&M University (Texas A&M). Black undergraduates from Texas high schools Otherwise, these universities’ admissions offices gaining automatic admission via the law (UT strongly consider national standardized exam scores, Austin’s Office of Admissions’ Research Section, on which Black or African American and Latino 2012). Thus, one important issue to consider is how students fare worse than their White and Asian many Black or African American students in Texas counterparts. In fact, the latest college readiness will graduate under the new distinguished level so indicators of the Texas Education Agency (TEA) that they are eligible to qualify for top ten percent show that just 8.1 percent of Black or African automatic admission? 0 No New Standardized Exam Advanced Measures Before HB 5, completion of the recommended or distinguished high school graduation plan was required to be eligible for top ten percent automatic admission. As Table 2 shows, those plans were very similar, except for the old distinguished plan’s “advanced measures.” Advanced measures were certain academic achievements designed to show readiness for college- or professional-level work. They included an original piece of academic research or an academic project; a certain score on a national standardized exam, including a College Board Advance Placement exam, an International Baccalaureate exam, or the Preliminary SAT; or completion of a college-level course with a grade of 3.0 or higher. Although no specific data is available to explain why, it is likely that these advanced measures— particularly the score requirements on the exams— have limited the number of students who graduated under the old distinguished graduation plan, especially Black or African American students. For the 2011-2012 school year, the latest data year available, an average of just 13.4 percent of all students graduated under the distinguished graduation plan, while an average of 67.1 percent of all students graduated under the recommended plan, which, again, Table 2 shows required similar curriculum to the distinguished plan but no advanced measures (TEA, 2012). Figure 1 shows that just 4.7 percent of Black or African American students graduated under the old distinguished plan, while 68.6 percent of Black or African American students graduated under the recommended plan. Figure 1: 2011-2012 Graduates by Graduation Plan by Race 100% 7.8% 90% 26.7% 18.1% 19.4% 19.5% 80% 70% 60% 60.1% Minimum/IEP  PGM   50% 65.2% 68.7% 40% 67.1% 68.6% Distinguished  PGM   30% 20% 32.2% 10% 4.7% 0% Asian Black Recommended  PGM   16.7% Latino Source: Texas Education Agency, Student Graduate Reports (2012) 0 13.4% White 11.8% All Crucially, HB 5 does not allow for national standardized exam scores to be a part of any of the new graduation plans designed by the State Board of Education. Legislators explicitly rejected a Senate committee version of HB 5 that included standardized exam scores as a requirement for the new distinguished level high school graduation plan. Instead, they opted to note exemplary national standardized exam scores on diplomas as “performance acknowledgements,” which are irrelevant to top ten percent admission eligibility. Fortunately, this decision keeps with the heart of the top ten percent law, which aims to focus on students’ performance on school curriculum, not standardized exams, in order to diversify the state’s flagship universities. Low Expectations HB 5 makes the foundation plus endorsement plan distinguished level high school graduation plan, the default graduation plan. A student and the which is now required for top ten percent program student’s parent, with the help of a school counselor, eligibility. If this occurs, the already small number have to explicitly choose for of Black or African the student to pursue the American students at UT It will be extremely important to foundation plan without an Austin and Texas A&M endorsement. A counselor could shrink. annually examine this report for also would likely have to help a student actively seek Representative Alma Allen racial disparities in those seeking the distinguished level, amended HB 5 to require ensuring the student takes annual reporting of which the new distinguished level high Algebra II and the other students graduate under school graduation plan, as the required courses. It is well which plan, disaggregating established that school by race and other effort to diversify the state’s officials often have low demographics. It will be academic expectations for extremely important to flagship universities continues Black or African American annually examine this report students, particularly those for racial disparities in those with top ten percent automatic from low-income families seeking the new admission at the forefront. (Diamond, Randolph, & distinguished level high Spillane, 2004). The concern, school graduation plan, as then, is that counselors will the effort to diversify the allow Black or African American students to state’s flagship universities continues with top ten continue their very limited participation in the percent automatic admission at the forefront. Fewer High School State Exams During the regular session there was a widespread view that students were being over-tested. As a result, HB 5 eliminated several end-of-course exams from high school requirements, leaving five end-ofcourse exams required for graduation: Algebra I, English I (combined reading/writing), English II (combined reading/writing), biology, and US history. The legislation eliminated exams in Algebra II, geometry, English III, chemistry, physics, world geography, and world history. All of the eliminated end-of-course exams had been implemented within five years prior to HB 5’s passage. 0 SENATE BILL 2 Senate Bill 2 (SB 2) did two main things. First, it increased the number of state contracts that applicants may be awarded to start open-enrollment charter schools over the next six years. Second, it streamlined the process of closing “unacceptable” charters, shifting oversight of open-enrollment charter schools from the State Board of Education to the commissioner of education, head of the TEA. charters. However, under SB 2, the number of awardable charters will grow to 305 by September 1, 2019. Because each charter allows a charter-holder to open multiple campuses under certain circumstances, the number of charter school campuses in Texas could balloon far past its current number of about 500 campuses. The campuses serve about 154,000 Texas charter school students. The Texas Charter Schools Association claims that more than 100,000 students are on charter school admission waitlists (Texas Charter Schools Association, 2012). As of the writing of this report, 203 of the 215 awardable charters for open-enrollment charter schools had been awarded, leaving just 12 available Figure  2:  Charters  Awardable  for  State-­‐Funded  Open-­‐Enrollment   Charter  Schools  in  Texas   320   305   300   285   280   270   255   260   240   240   220   215   225   200   2013   2014   2015   2016   2017   2018   2019   Source: SB 2, 83rd Regular Session, Texas Legislature Open-enrollment charter schools serve a disproportionately high percentage of students of color and economically disadvantaged students, particularly urban Blacks or African Americans and Latinos (Texas Charter Schools Association, 2012). While 12.8 percent of Texas public school students are Black or African American and 50.4 percent are Latino (TEA Division of Performance Reporting, 2012), 22.9 percent of Texas open-enrollment charter school enrollees are Black or African American and 54.5 percent are Latino (Texas Charter Schools Association, 2012). Because private entities run open-enrollment charter schools—with fewer regulations than traditional public schools—and receive state funding, the perennial question with the growth of charter schools is whether this type of school produces better educational outcomes than traditional public schools. 0 Open-Enrollment Charter Schools vs. Traditional Public Schools Information is mixed as to whether openschool had no effect on standardized reading enrollment charter school students outperform exam scores for students who transferred from a students in traditional public schools in Texas. traditional public school for grades 4 through 8, In the TEA’s latest available Comprehensive except grade 4, in which transferees to charter Annual Report on Texas schools did worse. The Public Schools, the agency study also found that in Fortunately, SB 2 has reported that in 2010 state grades 4 through 8 students exam passing rates for who transferred to openmandated a new, in-depth Hispanic and economically enrollment charter schools disadvantaged students were from traditional public annual report that requires higher in standard, nonschools did worse on an education research alternative open-enrollment standardized math exams charter schools than in (Texas Center for service center to report on traditional public schools in Educational Research, all subjects. Black or African 2011). The study also found the performance of openAmerican students in some evidence that ninth standard, non-alternative and tenth grade students enrollment charter schools open-enrollment charter who transferred from in comparison to matched schools fared better than traditional public schools to Black or African American open-enrollment charter traditional public schools. students in traditional public schools improved their schools in all subjects, standardized math exam except social studies, in scores. Also, the Education which rates were the same. White students, Research Center at Texas A&M University however, largely did better in a traditional public found student performance at charter schools is school setting (TEA Division of Research and comparable to student performance at matched Analysis, Accountability Research Unit, 2010). traditional public schools (State of Texas Education Research Center, 2011). Similarly, the annual report showed that annual dropout rates for Blacks or African Americans, As of the writing of this report, the Hispanics, and the economically disadvantaged Comprehensive Annual Report on Texas Public were lower in standard, non-alternative openSchools has not been issued since 2010. The enrollment charter schools than the dropout rates report, according to statute, is supposed to for the same groups in traditional schools. include a comparison of open-enrollment charter However, white students dropped out at higher schools to traditional public schools. rates from these charter schools than traditional Fortunately, SB 2 has mandated a new, in-depth public schools. The report also showed that annual report that requires an education research student attendance and participation in college service center to report on the performance of admission tests were better in standard, nonopen-enrollment charter schools in comparison alternative open-enrollment charter schools than to matched traditional public schools. This in traditional public schools. annual report will provide important data, as open-enrollment charter schools likely become The Texas Center for Educational Research more prevalent in Texas over the next six years. found that joining an open-enrollment charter 07 Commissioner vs. State Board of Education In an apparent effort to streamline the charterrevoke the charter of or reconstitute the governing granting process, SB 2 empowered the body of an open-enrollment charter school that is commissioner of education, insolvent or fails to meet a head of the TEA, to grant new performance framework SB 2 also requires the charters for open-enrollment that the bill requires the commissioner to revoke the charter schools. The State commissioner to design. As Board of Education of the writing of this report, charters of schools that have previously granted charters, 15 charters for openand under SB 2, the board enrollment charter schools failed to meet state financial or still will hold approval power have been revoked since the over grants of charters by the state began awarding academic standards for three commissioner. charters in the mid-90s. Obviously, the revocation of successive years. These are new, SB 2 also requires the charters of failing schools is more specific bases than the commissioner to revoke the meant to free up charters for charters of schools that have more successful charter previous law on the revocation of failed to meet state financial schools. It will be important or academic standards for to analyze the data on charters. three successive years. These revocations over the next six are new, more specific bases years, with charter school than the previous law on the revocation of charters. numbers likely growing and the new requirements Additionally, SB 2 requires the commissioner to for revocation in place. BUDGET HIGHLIGHTS Facing a budget shortfall in 2011, Texas lawmakers cut $5.4 billion in funds for public education. In the 83rd legislative session, lawmakers restored $3.4 billion of those cuts for primary and secondary schools. CONCLUSION HB 5’s changes to high school graduation requirements leave a lot of questions regarding how students will deal with the new curriculum requirements, while SB 2’s increase in the number of contracts for state-funded openenrollment charter schools leaves a question about whether Texas charter schools are better than matched traditional schools. The paths set out by both of these pieces of legislation need to be carefully watched as the state’s education landscape changes. There are reports required in both measures that offer opportunities to do that watching. 08 Table 3: Other Notable Primary and Secondary Education Bills Bill Number Author HB 217 Rep. Alvarado Final Caption Impact Statement Limits beverages at elementary, Relating to the types of beverages that middle, and junior high schools may be sold to students on public to milk, juice, and other healthful school campuses. beverages. SB 310 Sen. Ellis Relating to health education curriculum and instruction in public schools. SB 376 Sen. Lucio Relating to breakfast for certain public school students. HB 455 Rep. Dukes Relating to excused absences from public school for certain students. Status Vetoed Referred to Requires course materials and Senate instruction on sexual health to be Education “evidence-based” and include Committee, information about condoms. never received a hearing Requires a school in which 80 percent or more of students Effective participate in the national school September 1, breakfast program to provide free 2013 breakfast to all students. Requires schools to excuse absence of student parent for Effective June health care appointment for the 14, 2013 student’s child. Relating to the creation of a new category of law enforcement officer who shall be designated a school marshal, the training and appointment Creates a new category of armed Rep. of certain employees of a school Effective June HB 1009 law enforcement officer Villalba district or open-enrollment charter 14, 2013 especially for schools. school as school marshals, and the rights, restrictions, limitations, and responsibilities of school marshals; authorizing the imposition of a fee. Requires transportation to be Passed Senate; provided by the resident school Referred to district for students who leave Relating to transportation of certain House Public Sen. failing resident school districts SB 1062 students entitled to a public education Education West with a Public Education Grant grant. Committee, and attend another school or never received a district in or near their resident hearing district. Requires school districts to report suspensions or expulsions. Passed Senate; Requires Texas Education Referred to Relating to reporting, standards, Agency to determine if there House Public Sen. restrictions, and requirements SB 1115 were excessive or Education Whitmire regarding public school disciplinary disproportionate, in terms of race Committee, actions. or special education status, never received a suspensions or expulsions, and to hearing remediate where necessary. 09 Table 3: Other Notable Primary and Secondary Education Bills (Continued) HB 1122 Rep. Johnson Relating to a pilot program for a three-year high school diploma plan and cost-neutral expansion of full-day prekindergarten programs. HB 1201 Rep. Parker SB 1718 Sen. West SB 1775 Sen. West Relating to public school Internet website information concerning local programs and services available to assist homeless students. Relating to state interventions and sanctions against public school campuses with unacceptable performance and the establishment of the Texas Achievement School District for education students at certain low-performing campuses. Relating to school campus information, student transfers, and the public education grant program. HB 2058 Rep. Allen HB 2484 Rep. Alvarado HB 3003 Rep. Allen Relating to the administration of a high school equivalency examination. Relating to the establishment of Voter Education Month for public school students in grade 12. Relating to school district programs to assist students in making the transition back to school after certain prolonged placements outside of school. Allows Dallas ISD to have three-year, alternative high school diploma. For each student who graduates with that diploma, the commissioner of education will fund two, full-day prekindergarteners. Requires compilation and posting of information regarding services for homeless on each school district website. Left Pending in House Public Education Committee Creates a special school district to reorganize, reform, and operate up to 10 failing schools at a time. Passed Senate; Failed on House Floor Requires each school district and openenrollment charter school to put on its website information regarding available student positions for transfers. Requires a school district with more transfer applicants than positions to generally fill positions by giving priority to students at risk of dropping out and by lottery. Allows people under 18 to take the high school equivalency examination online. Requires each school district and openenrollment charter school offering grade 12 to designate one month during the school year as Voter Education Month, during which students can register to vote and receive information about voting. Requires each school district to establish a program to assist students in transitioning back into school from alternative education facilities, juvenile justice facilities, treatment centers, or hospitals. Passed Senate; Referred to House Public Education Committee, never received a hearing 10 Effective September 1, 2013 Effective June 14, 2013 Referred to House Public Education Committee, never received a hearing Left pending in House Public Education Committee REFERENCES Diamond, J.B., Randolph, A., & Spillane, J.P. (2004). Teachers’ Expectations and Sense of Responsibility for Student Learning: The Importance of Race, Class, and Organizational Habitus. Anthropology & Education Quarterly, 35, 75-98. Retrieved from http://www.readcube.com/articles/10.1525%2Faeq.2004.35.1.75 State of Texas Education Research Center at Texas A&M University. (2011). Annual Evaluation of Texas Charter Schools: 2009-10. Retrieved from http://www.tea.state.tx.us/index2.aspx?id=2147485609 Texas A&M University, Data and Research Services. (2013). Spring 2013 Enrollment Profile Report. Retrieved from http://dars.tamu.edu/dars/files/9e/9e68d93f-f7aa-4b92-8b67-cd11dd654cf9.pdf Texas Center for Educational Research. (2011). New Texas Charter Schools 2007-10: Final Report. Retrieved from http://www.tea.state.tx.us/index2.aspx?id=2147485609 Texas Charter Schools Association. (2012). Texas Charter School Quick Facts. Retrieved from http://www.txcharterschools.org/about/fact-sheets.php Texas Education Agency. (2012). Student http://ritter.tea.state.tx.us/adhocrpt/adstg.html Graduate Reports. Retrieved from Texas Education Agency, Division of Performance Reporting. (2011-2012). Academic Excellence Indicator System, 2011-2012 State Performance Report. Retrieved from http://ritter.tea.state.tx.us/perfreport/aeis/2012/state.pdf Texas Education Agency, Division of Research and Analysis, Accountability Research Unit. (2010). 2010 Comprehensive Annual Report on Texas Public Schools. Retrieved from http://www.tea.state.tx.us/acctres/comp_annual_index.html The University of Texas at Austin Office of Admissions’ Research Section. (2012). Report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives on the Implementation of SB 175, 81st Legislature For the period ending Fall 2012 (Data file). Retrieved from http://www.utexas.edu/student/admissions/research/SB_175_Report_for_2012.pdf The University of Texas at Austin, Office of Information Management Analysis. (2013). Spring 2013 Enrollment Analysis. Retrieved from https://sp.austin.utexas.edu/sites/ut/rpt/Documents/IMA_S_EnrollAnalysis_2013_Spring.pdf 11 The Institute for Urban Policy Research & Analysis The University of Texas at Austin Mission: To advocate for equality of access, opportunity, and choice for populations of color and the poor through applied policy research. King Davis, PhD Director & Professor Chunhui Ren, PhD Postdoctoral Fellow Shetal Vohra-Gupta, PhD Research Scientist Leonie Jones, BA Administrative Associate Kathryn A. Freeman, JD Policy Coordinator Seth A. Kessler, MPA Graduate Research Assistant Victor O. Obaseki, JD Policy Coordinator Kristy Gillespie, MSW Graduate Research Assistant Celeste Henery, PhD Postdoctoral Fellow Jina Jung, MSW Graduate Research Assistant Albert Thompkins, PhD Postdoctoral Fellow Jennifer Alexander, MA Graduate Research Assistant   Marian Morris, MPH, RN Graduate Research Assistant http://www.utexas.edu/cola/insts/iupra/ 12