Advocacy

 

88th Legislative Update

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On March 22nd, TCTELA members visited the Texas Capitol and contacted state legislators for our Education Advocacy Day. Members discussed the impact of school vouchers and restriction curriculum policies. Members shared personal stories, stories from their districts and communities, and current research exploring the impact of school vouchers on public schools and the use of scripted curriculum and book censorship. Please read our NCTE Liason’s Texas Voices article, “Advocacy Never Ends: Amplifying Teacher and Student Voices beyond the 88th Legislative Session,” for a full update on educational policies passed this legislative period.

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Since October 9th, 2023, the governor has held many special sessions to pass policies supporting school vouchers. However, he has failed to gain support to pass laws establishing school vouchers (education savings plans). Unfortunately, calls for increased public funding were silenced. The governor noted that an increase in public funding would come only if school vouchers were approved. The governor and school voucher supporters are rallying to change the minds of the opposition. In the meantime, Here is some research to help you learn more about the impact of vouchers on public schools, student well-being, and parent choice. 

The organization is paying close attention to several bills. Two that our members have particularly asked us to track very closely are HB900 and HB1605.

 

HB900 Update

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HB 900, also known as the READER (Restricting Explicit and Adult Designated Educational Resources) Act by Rep. Jared Patterson, was passed by the 88th Texas Legislature and signed into law by Governor Abbot on June 13, 2023. Its effective date was September 1, 2023. Since being signed into law, booksellers created a coalition to fight this bill. On September 18, 2023, Judge Alan D. Albright of the US District Court for the Western District of Texas, Austin Division, issued a written order granting a Preliminary Injunction barring the implementation of HB900, stating that this law violates the Free Speech Clause of the First Amendment.”

 

On October 5, the U.S. Court of Appeals for the Fifth Circuit of Appeals issued a one-sentence order that administratively stayed Judge Albright's ruling restricting the enforcement of HB900. As such, the State is legally entitled to enforce HB900. The court heard oral arguments on November 29.

On January 17, 2024, The US Fifth Circuit Court of Appeals issued its decision prohibiting TEA from enforcing HB 900 requirements that book vendors rate library materials as sexually relevant or sexually explicit. The court agreed that HB900 violated First Amendment protections and would cause irrevocable economic harm. However, the decision supports the enforcement of the library standards requirements. These standards ban sexually explicit books from school libraries and the SBOE adopted those new standards on December 13, 2023.  TEA could appeal the decision to the U.S. Supreme Court. If not, the case would return to the district court to proceed with the full hearing about HB900. 

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Key Points:

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• Vendors are responsible for rating library materials.

• Ratings are only applied to material vendors determined to meet the definitions of sexually relevant or sexually explicit

• Material rated sexually explicit by vendors must be removed from the collection.

• Vendors will provide an initial list of materials they rated sexually explicit or sexually relevant to TEA by April 1, 2024.

• Materials rated sexually explicit must be removed from school libraries by April 1, 2024.

• Vendors will provide an updated list of materials rated to TEA by September 1, 2023.

• School districts review vendor-rated sexually relevant material in their current collection and post a report on their website by January 1, 2025.

 

 

Ways to Advocate

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We all have a fundamental right to advocate for ourselves and our communities. While some might say education is not political, when there are laws that govern how learning should occur, that makes education political. As educators and educational leaders, there are different avenues you can pursue to ensure that you can influence legislation that impacts the opportunity to provide all Texas students the right to equitable, inclusive, high-quality instruction and the ability for teachers and other stakeholders to do so. Start by finding out who your representatives are. Submit your address here to find out.

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Once you know who your representatives are, you can:

 

Send an Email

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Send an email via an electronic form available on the Texas Legislature website. Visit the member pages of the Texas Senate and the Texas House of Representatives and click on the correct name.  You’ll see an email link in the upper right of each senator’s page and the upper left of each house member’s page.  Open a document on your computer and draft your message in support of or against policies that impact your school system and students then just copy, paste, and submit. Visit our Sections Depot for additional templates to address policies such as HB900 and HB 1605. These templates apply to emailing SBOE members, TEA offices, and school district leadership.

 

Make a Phone Call

 

Place a call to the capitol office or the district office of your legislators.  A knowledgeable aide will make note of your message, including the specific points you’re making and the specific bills you are supporting.  It’s that aide’s job to relay the content of your message to your legislator. 

 

Additional Resources

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For some ideas on how to learn about the issues and how to participate in advocacy with the state legislature and with the State Board of Education, revisit our 2021 webinar: Challenge Accepted: Advocating for the Classroom to learn more about way you can participate from Missy Bender, Raise Your Hand Texas Regional Advocacy Director for Collin and Denton Counties, and Lindsay H. Metcalf, journalist and author.