Legislative Resources
"I want to see the $154 million go back to the community colleges....I don't want to see tuition increases, local tax increases or restricting enrollments."
Legislative Resources: 2007 Updates
June 20, 2007
A MESSAGE FROM THE TCCTA STATE PRESIDENT AND EXECUTIVE DIRECTOR
Dear Colleague,
Since our last Update, on Monday, we have been in close contact with college presidents, other organizations, TCCTA members, and the media regarding the Governor's shocking decision to veto an appropriation by the Legislature of $154 million for community college health insurance costs. Included in this message is information about this issue, answers to questions we have been receiving in our office, as well as actions we strongly urge members to take in response.
WHAT HAPPENED
On the evening of Friday, June 15, Governor Rick Perry announced his veto of a portion of the appropriations bill that provided funding for community college group health insurance benefits. This appropriation was based on a budget request from our colleges, in keeping with similar budget requests over many previous legislative sessions. There were no substantive changes in this year's request compared to requests in previous years. The only difference this time was the Governor's decision to invoke the arguments of "proportionality" -- an obscure doctrine rejected in two consecutive sessions of the Texas Legislature -- to veto funding.
It is clear through press reports that the Governor is virtually alone in his views on this issue.
The Governor's decision came as a surprise to community colleges, interested organizations such as TCCTA, and members of the Legislature. Rey Garcia, President of the Texas Association of Community Colleges, said in an interview, "We were blindsided." The Chancellor of the Dallas County Community College District, Wright Lassiter, said in a statement, "To assert that this action came as a total surprise is an understatement."
Rep. Carl Isett, a member of the House Appropriations Committee expressed his concern: "I am disappointed because I thought we passed a very fiscally responsible budget." TCCTA is unaware of any individual or group that was notified in advance of the Governor's intentions.
In his veto proclamation, the Governor asserted that "To get money for these employees, community colleges falsified their appropriations requests," a charge college officials strongly deny.
Rep. Warren Chisum (R-Pampa), chair of the House Committee on Appropriations said of the accusation, "That's pretty strong stuff," adding, "I question what his opposition is to community colleges. They're over half of the higher education enrollment and not even a third of the higher education budget."
Bill Holda, President of Kilgore College stated, "We have documented repeatedly to various House and Senate committees that we are in compliance and do not receive excessive or inappropriate funds for health insurance. Both the House and Senate have concurred that we are in compliance."
POSSIBLE SOLUTIONS
The Governor's decision to wait until after the end of the session to execute this veto severely limits the remedies for the problems this creates. However, constructive possibilities still exist, and there are still important actions you can take.
(1) Some have suggested the Governor exceeded his veto authority by striking certain provisions of Article III, while leaving others intact. At this point, we don't know if that is the case, but it is a question worth pursuing, and TCCTA plans to work with its attorneys and other organizations on it.
(2) Senator Robert Duncan (R-Lubbock) has suggested the Legislative Budget Board may have the authority to restore these funds and, as a member of that Board, is encouraging the LBB to work on a solution.
(3) The funding cuts outlined in the veto are to go into effect Sept. 1, 2009, the second year of the coming biennium. Thus, the Legislature could allocate a "supplemental appropriation" early in the next legislative session, prior to that date. While this would ultimately avert the cuts, it would be difficult for colleges to plan their budget, not knowing whether the funds would be restored until very late.
WHAT YOU CAN DO
While the "possible solutions" are far from certain, we believe that members of the Legislature are keenly interested in fixing the problem the Governor has created. Your early involvement will be essential to the success of whatever solution is ultimately found.
(1) As we suggested in Monday's Legislative Update, members are urged to contact their senators and representatives, thanking them for their original appropriation supporting community colleges, and apprising them of the likely impact these cuts will have on our students, taxpayers, and employees. Lawmakers should also be urged to contact the governor's office to voice their strong displeasure with the veto. (To find out "Who Represents Me.")
(2) Contact the Governor's Office directly, to express your concerns about the veto. It is important the Governor be aware of the impact his veto will have on our colleges and our students. Members may reach the Governor's Office by e-mail, or by phone at (800) 252-9600.
(3) Contact member of the Legislative Budget Board. This body is charged with making budget recommendations to the Governor and Leglsiature, and is composed of the Lt. Goveror, Speaker of the House of Representatives, Chairs of the House Committees on Appropriations and Ways and Means, the Chair of the Senate Committee on Finance, two House members, and three Senate members. The LBB may play a pivotal role in this issue.
(PLEASE REMEMBER: Employees of community colleges should not use college equipment, postage, or e-mail addresses when communicating with legislators.)
TCCTA will continue to keep members updated as this issue develops.
Sincerely,
Terry Stewart Mouchayleh
State President, TCCTA
Austin Community College
Richard Moore
Executive Director
TCCTA
June 18, 2007
COLLEGES STUNNED BY VETO OF HEALTH BENEFITS
Governor Rick Perry has vetoed over $150 million in revenue the Legislature had appropriated for health benefits for community college employees. The amount represents half the amount set aside for this purpose for the next biennium--a devastating blow to every two-year college in Texas. While the cuts will not take effect until September 2008, each school will likely be forced to make drastic budget adjustments very soon.
Disturbingly, in his veto proclamation Gov. Perry flatly accused the colleges of falsifying their appropriations requests, citing a budget rider that prohibits expenditure of General Revenue funds for non-state employees.
College officials have unanimously expressed shock and outrage at the governor's decision -- and the official proclamation accompanying it.
"We were blindsided," Rey Garcia, president of the Texas Association of Community Colleges, told the Austin American-Statesman. "Accusing community colleges of falsifying appropriations requests is an irresponsible statement to which we take strong exception."
Influential lawmakers were also surprised by the veto, and took issue with the governor. Chair of the House Committee on Appropriations Warren Chisum (R-Pampa) stated, "That's pretty strong stuff," adding, "I question what his opposition is to community colleges. They're over half the higher education enrollment and not even a third of the higher education budget."
Some college leaders believe the governor violated his veto authority with this action and plan to seek a legal opinion on the matter.
WHAT YOU CAN DO
TCCTA members are urged to contact their representative and senator, thanking them for their original appropriation supporting community colleges. Lawmakers should also be urged to contact the governor's office to voice their strong displeasure with the veto.
(PLEASE NOTE: Employees of community colleges should not use college equipment, postage, or e-mail addresses when communicating with legislators.)
Members are encouraged to share with TCCTA any responses they receive from legislators ("Who Respresents Me"). This will help us as we respond to this issue.
TCCTA is in close communication with all community college stakeholders on this issue and will notify members when significant changes occur.
For additional information about this issue, see the press release from the Texas Association of Community Colleges.
June 7, 2007
The following message contains selected information regarding the 80th Regular Session, which adjourned on May 28. Topics in the message include appropriations, changes in retirement programs, "incentive funding," textbook selection, and other matters of interest to educators at two-year colleges. The deadline for a gubernatorial veto is June 17.
Contact information for representatives and senators is provided at the conclusion of this message.
FORMULA FUNDING INCREASES MODESTLY
The 80th Regular Session appropriated slightly over $1.7 billion for Texas community colleges for the 2008-08 biennium, a 5.5 percent increase over the current level of funding. The appropriation per contact hour grew from $6.60 to $7.03, a 6.5 percent increase. The new appropriation level represents 51.4 percent of "full formula" funding--a slight reduction from the current allotment, which stands at 52 percent. The Coordinating Board asked originally for the "full formula," minus an equivalent amount for tuition and fees.
Complicating matters this session was a decline in contact hours during the previous base year. Thirty-two of the 50 Texas colleges suffered enrollment drops, proportionately affecting their share of state revenue (Texas Association of Community Colleges' chart depicting anticipated funds for each college). The Legislature did provide a vital "hold harmless" provision to ensure that no school must endure a reduction from the current level, but 16 colleges will receive no formula increase at all.
HEALTH BENEFITS POLICY ABANDONS "PROPORTIONALITY"
The 80th Legislature appropriated over $300 million for group health insurance for the 2008-09 biennium. This offers only a slight increase--but is still a remarkable victory when compared to the early stages of the budget process when lawmakers were seriously discussing "proportionality" for funding health insurance for community colleges. Proportionality would have resulted in drastic reductions and set an ominous precedent.
Precise funding levels for each college will not be available for several weeks. On a sobering note, Capitol observers predict that ERS will likely raise insurance rates this year. Rate decisions are made by the ERS board, based on revenue projections.
STATE BOOSTS COMMITMENT TO TRS
According to most authorities, the Texas Teacher Retirement System pension fund is relatively healthy, but in need of financial fortification. State law requires TRS to be "actuarially sound" (which involves a long-range statistical projection) in order to grant retirees any increase or to improve prospective benefits. The state's contribution rate has been frozen at the constitutional minimum of six percent since 1995. Retirees have not received a cost-of-living supplement since 2001.
After a great deal of intense discussion between House and Senate members of the appropriations conference committee, the chosen vehicle for TRS reform became SB 1846, sponsored by Sen. Robert Duncan (R-Lubbock). The bill passed both chambers on May 27 and was sent to the governor.
The new law boosts the state's TRS contribution to 6.58 percent. It also authorizes an increase in the employee contribution from 6.4 percent to a maximum of 6.58 percent--if an extra infusion is needed for a one-time "13th check" for retirees. Any supplemental check is capped at $2,400 and will be issued in 2007 if there is enough projected revenue to meet the fund's actuarial goals. Significantly, SB 1846 also requires the state contribution to be at least as much as the rate for active employees. This is an important new statutory principle.
The precise levels will not be known until the official assessment of the fund is completed after August 31. The TRS board will then determine whether the supplement for retirees is affordable and whether active member contributions will be increased.
ORP RATES SET TO IMPROVE
Since 1995 the state contribution rate for the Optional Retirement Program has been fixed at six percent for newly hired individuals, creating a gap in policy that treats employees differently based on work history. In fact, some schools have three separate rates, based on college choices on how to spend state supplements and local funds for various classifications of employees.
In the general appropriations bill, the 80th Legislature took a significant step in closing part of this gap, by increasing the state's contribution to 6.58 percent for those hired since September 1, 1995. This is almost a ten percent increase, which, over time, will significantly help the retirement prospects of many educators who chose ORP at the start of their careers. The new rate will take effect September 1, 2007.
Those hired before 1995 will still be eligible for state and local supplements, depending upon college policies. Colleges are permitted, but not required, to raise the contribution rate to as high as 8.5 percent for all ORP participants.
The employee contribution rate will remain at 6.65 percent.
Read more important background information on the Optional Retirement Program, provided by the Texas Higher Education Coordinating Board.
"INCENTIVE FUNDING" BILL DIES-BUT SURVIVES IN BUDGET
HB 3828, a bill providing for an elaborate system of "incentive" funding for all components of higher education, failed to pass during the waning days of the session. The bill had potent backing from the Governor's Business Council and was sponsored by the chair of the House Committee on Higher Education, Rep. Geanie Morrison (R-Victoria).
The bill would have provided additional revenue to colleges for completed student transfers, degrees, and certificates, with extra points awarded for success with "at risk" students, and for those in science and math programs.
TCCTA testified in opposition to the bill.
Immediate Past President Danita McAnally, Amarillo College, told the panel of the association's concerns regarding the bill's lack of attention to the full mission of community colleges. No points were awarded in the measure for students completing courses not directed toward a certificate or transfer of credit. "These courses and programs should be funded without any relative penalty," she said.
Secondly, Ms. McAnally added, "We believe this is a recipe for grade inflation and could jeopardize academic integrity."
"After all," she concluded, "it's not just about diplomas and certificates, but whether students are learning."
A companion bill (SB 1029) sponsored by Sen. Florence Shapiro (R-Plano), chair of the Senate Committee on Education, also failed to pass. Ms. McAnally offered a written statement opposing the bill on behalf of TCCTA.
For universities only, however, the principle of "incentive funding" found a home in the "Special Provisions" section of the general appropriations bill, with $100 million in General Revenue Funds set aside for the "Higher Education Performance Incentive Initiative." The governor had originally asked for $350 million.
Unlike the failed bills discussed above, no elaborate point formula is outlined, and there is no quantification or definition spelled out for success. The provision also adds, "These funds may also be used to provide scholarships for undergraduate students who have graduated with a grade point average in the top ten percent of the student's high school graduating class from an accredited Texas high school."
TEXTBOOK REGULATIONS FAIL
A bill regulating faculty selection of textbooks, put forth by Scott Hochberg (D-Houston), died in the House Calendars Committee after being reported favorably by the Committee on Higher Education. There was no Senate companion.
The bill, HB 956, purported to address the high cost of textbooks by regulating the length of adoption and the use of "bundling" by publishers. The bill also established a criminal penalty against faculty (a Class B Misdemeanor) for accepting a "gift, favor, or service" that "might reasonably tend to influence the person selecting or contributing to the selection" of books. A number of protective provisions were included in the bill's language, each designed to prevent the state from becoming the "book police," as the bill's sponsor put it.
TCCTA Executive Director Richard Moore testified on the bill when it came before the committee on March 12. In his testimony, he expressed to the committee the organization's longstanding concern about the cost of textbooks, and related an example to the panel of the prospective adoption of open source online material by the economics faculty in the Dallas County Community College District. "Textbooks are certainly too expensive," he said, "but this is a rapidly changing environment. The best solutions foster innovation and responsiveness by the local community."
"Instructors across the state are finding innovative ways to help control the cost of textbooks for students," Mr. Moore said, adding, "Choices of faculty should not be restricted. "Proper decisions should rest in the hands of faculty."
The fate of other legislation can be surveyed using TCCTA's list of "tracked" bills for the 80th Regular Session.
May 2, 2007
The following message contains important information and recommendations for communicating with legislators at an important point in the 80th Regular Session, which adjourns on May 28. Topics in the message include appropriations for colleges and benefits for employees, TCCTA’s opposition to “incentive funding,” and other matters of interest to educators at two-year colleges.
Contact information for representatives and senators is provided at the conclusion.
HOUSE-SENATE CONFEREES ANNOUNCED
On April 25, the Senate members of the joint Conference Committee on the state budget were officially announced. They, along with House members appointed previously, constitute the final legislative players in formulating the state budget for the next biennium. Committee members are picked--with abundant Capitol anticipation--by the Speaker and Lieutenant Governor in their respective chambers.
Senate conferees are: Sen. Steve Ogden (R-College Station), Sen. Judith Zaffirini (D-Laredo), Sen. Robert Duncan (R-Lubbock), Sen. John Whitmire (D-Houston), and Sen. Tommy Williams (R-The Woodlands).
House members are: Rep. Warren Chisum (R-Pampa), Rep. Ryan Guillen (D-Rio Grande City), Rep. Dan Gattis (R-Georgetown), Rep. Lois Kolkhorst (R-Brenham), and Rep. Sylvester Turner (D-Houston).
All TCCTA members are encouraged to contact their representatives and senators during this crucial time, urging lawmakers to support increased formula appropriations for community and technical colleges. Constituents of conference committee members are urged especially to send this message, focusing on the details provided below. IMPORTANT: Do not use college equipment, stationery, or e-mail accounts to contact legislators.
At this juncture, the conference committee should be urged to restore community college formula funding to the 2002-03 biennial rate of $7.71 per contact hour, and to fund the contact hour growth associated with the “updated” base year. Also, the panel should choose the Senate version ($340.5 million) of the bill for group health insurance instead of the House version ($306.8 million).
These requests are the latest key recommendations of the Texas Association of Community Colleges.
In addition, TCCTA urges the committee to increase the state’s contribution to the TRS and ORP retirement plans. Currently the House and Senate versions differ on the amount of increase. The Senate appropriations bill sets aside 6.4 percent of salary for both ORP and TRS. The House version requires 6.7 percent for TRS and 6.4 percent for ORP. Traditionally the Legislature also supplements ORP contributions in a separate item in the budget.
Any increase would be welcome for two-year college educators, but the result may hinge upon other state priorities, according to Capitol observers. Whether the outcome will involve increases in employee contributions is still to be determined as well.
TCCTA TESTIFIES AGAINST “INCENTIVE FUNDING” BILLS
On April 16, TCCTA Immediate Past President Danita McAnally, Amarillo College, testified against HB 3828, sponsored by Rep. Geanie Morrison (R-Victoria), before the House Committee on Higher Education.
Rep. Morrison also chairs the committee.
The bill would create an incentive program based on “points” earned by community colleges for degrees achieved, certificates earned, high grade point averages, and successful transfer of students to universities, with extra credit for advancing “high risk” students.
An early version of the bill included an “exit” exam for both community colleges and universities. However, a committee substitute was missing this provision when the bill came before the committee on April 16.
The bill represents a major legislative effort in the field of higher education for Governor Rick Perry.
Before testifying, Ms. McAnally distributed copies of an article on accountability written by David Lydic, Austin Community College, in the September 2006 Messenger. (This issue of the Messenger is available under “Publications” at www.tccta.org.)
The following contains, in part, the testimony of Ms. McAnally:
We are registered against HB 3828—but with great reluctance.
We are reluctant because our association supports and welcomes all valid documentation of accountability for community colleges. We are in full support of the New Community College Compact with Texas, advanced by the Texas Association of Community Colleges. In addition, we believe that community colleges have accomplished accountability, including the measurement of student learning outcomes which the regional accrediting association, SACS, mandated five years ago.
Certainly, financial incentives are appropriate at times. We believe, however, that HB 3828 raises fundamental concerns.
Our first concern relates to the bill’s lack of attention to the full scope and mission of community colleges. Local employers often require or recommend course work at a nearby campus, without requiring a certificate or degree. These courses and programs should be funded without any relative penalty.
The intent of HB 3828 is noble and driven by the necessity that a higher proportion of students must enter the doors of a community college and graduate with a bachelor’s degree within a few years. This is the premise behind Closing the Gaps. Yet most community college students attend part-time, need developmental instruction, and often lack financial aid.
Our association will never flinch in its support of these goals if the typical community college student’s situation is considered.
Now to the most difficult part. Although the bill doesn’t put it this way, rewarding a successful transfer is tantamount to rewarding a “C” rather than a “D,” since one transfers and the other does not. And HB 3828 goes even further, awarding extra points—and presumably money—for students who receive higher (2.5 or above) grade point averages.
Simply put, we believe this is a recipe for grade inflation and could jeopardize academic integrity.
In a perfect world, no college official would ever imply that teachers should lower standards to gain more revenue for their school, and no teacher would ever consider it. We agree, however, with Sen. Steve Ogden, who worried aloud (during a hearing of his committee on Feb. 8) about “paying for diplomas,” as he put it. “It scares me to death,” Sen. Ogden said.
Community college student transfers have proven that they can equal or exceed those who began at a university. So, the high standards set by two-year college faculty members who use their professional judgment have proven to be successful.
“After all,” Ms. McAnally concluded, “it’s not just about diplomas and certificates, but whether students are learning.”
On April 23, Ms. McAnally offered similar testimony in written form to the Senate Subcommittee on Higher Education regarding SB 1029, the Senate companion bill to HB 3828. TCCTA Executive Director Richard Moore also appeared in opposition to the bill.
BACCALAUREATE DEGREES MAY BE SET TO EXPAND
HB 2198 (by Flores), a bill removing the pilot status of three community colleges offering limited bachelor’s degrees in applied science and technology, passed the House on April 17 by a vote of 131-2, and headed for the Senate, where it has been referred to the Subcommittee on Higher Education.
The three colleges now offering the programs are South Texas College, Midland College, and Brazosport College. The bill makes their degree programs permanent. It also would allow the Coordinating Board to authorize additional community colleges to offer such degrees if they meet all the stated prerequisites.
TCCTA will send additional Legislative Updates to members as circumstances warrant or continue to stay informed using TCCTA’s list of “tracked” bills.
CONTACT INFORMATION
“Who Represents Me?” This link also includes access to contact information for all members of the Texas Legislature, based on name or district.
March 28, 2007
APPROPRIATIONS PROCESS ENTERS CRITICAL PHASE
The 80th Regular Session is now over half over, with funding issues assuming paramount importance.
Compared to previous sessions at this point, the general appropriations bills are clear of any direct threat to community college educators’ health and retirement benefits. However, it is difficult to predict any precise outcome. A recent development regarding state and local government reports to the Governmental Accounting Standards Board (GASB) has officials in all 50 states concerned over the looming budgetary obligations of retiree health insurance. TCCTA members are urged to be on the alert for any special bulletins from the state office, as the GASB situation could transform quickly.
Texas community college leaders are currently disappointed in the formula funding levels in the appropriation bills designed the 2008-09 biennium. However, a portion of the expected budget surplus has been set aside for possible increases toward the end of the session. Other public agencies will be competing for this revenue.
TCCTA Lobbyist Beaman Floyd is at the Capitol daily, reminding lawmakers and staffers of the importance of increased community college funding to the future of Texas. Members are urged to watch for precise suggestions from the state office for communicating to lawmakers at the most appropriate time.
BACCALAUREATE DEGREES FOR COMMUNITY COLLEGES GAIN SUPPORT
On March 26, two bills were taken up by the House Committee on Higher Education that would remove the “pilot” status of programs that offer bachelor’s degrees in applied science and technology at three community colleges. The bills are HB 2198, authored by Rep. Kino Flores (D-Mission) and HB 2336, by Rep. Dennis Bonnen (R-Angleton). The three schools affected are Brazosport College, Midland College, and South Texas College. According to witnesses, the new programs have been an unqualified success, have all passed accreditation requirements, and will graduate the first cohort of students in May.
The historic pilot programs were established by the 78th Legislature in 2003. According to resource testimony (the sponsors were not present at the hearing) it is unclear whether the bills intend to authorize such degrees at other community colleges (with Coordinating Board approval), or apply only to the three schools in the current statute. An interim study would be required by HB 2336 “to examine the feasibility and benefits of increasing the number of public junior colleges that offer” such programs.
The committee chair, Rep. Geanie Morrison (R-Victoria), observed that the two bills are very similar and said discussions are taking place to combine their respective goals into one proposal. Both bills were held pending. The result will likely emerge in a single Committee Substitute to appear before the group prior to approval.
SENATE PANEL CONSIDERS NEW FIVE YEAR PLAN
The Senate Subcommittee on Higher Education, on March 26, without amendment, sent to the full Education Committee a requirement for a new five-year master plan for higher education in Texas. While such a plan is required under current law in accordance with the Closing the Gaps initiative, this proposal, SB 1234, institutionalizes the role of community colleges more precisely. It is sponsored by subcommittee chair Sen. Judith Zaffirini (D-Laredo).
According to the bill, the plan must include “recommendations for strengthening collaboration between two-year and four-year institutions of higher education,” and “for developing and reinforcing long term collaboration between and among primary, secondary, and postsecondary institutions.”
Higher Education Commissioner Raymund Paredes spoke in favor of the bill, stating that Texas needs a much more systematic and rational method for determining how to allocate higher education resources.
TCCTA TESTIFIES ON TEXTBOOK BILLS
On March 12, four bills intended to address the high cost of textbooks came before a hearing of the House Committee on Higher Education. TCCTA testified on two of these measures, each of which could affect the way college and university faculty members choose books for student use in their classes.
HB 956 would attempt to reduce the cost of college texts with a variety of remedies.
In laying out the bill, its author, Rep. Scott Hochberg (D-Houston), stressed his belief that the proposed law would not impinge upon academic freedom and would not create a “book police” for higher education. The bill requires that faculty members “take cost into consideration” when selecting required texts and prohibits the required purchase of any textbook “that is not expected to be used in the course.” Faculty members “shall consider the use of open access publications” when they are more economical. Books would be required to be in use “for no fewer than three years from initial release without being superseded by a newer edition,” unless there is a “valid educational or cost reason with approval of the department chair” or equivalent official.
HB 956 would require schools to publish a list of required texts no later than one week after the information is made available to the bookstore. Schools would not be allowed to restrict advertising by competing booksellers. When students are provided extensions of credit with college bookstores, “the institution shall, to the extent practicable, establish similar arrangements with other retailers that sell required textbooks.”
A major focus of HB 956 involves the controversial “bundling” of textbooks with supplemental materials by publishers. Under the bill, all items in a bundle (such as CDs and workbooks) must be required in the class or result in a lower price than when sold separately. Faculty members would be prohibited from requiring bundles unless all components are intended for use, or the entire package results in savings for the student.
The state’s purchasing power would be invoked as well, using the authority of the Texas Building and Procurement Commission, to negotiate discount pricing.
HB 956 stipulates that a college official or faculty member commits a Class B misdemeanor if that person receives any commission or rebate, or accepts a “gift, service, or favor” if it might “reasonably tend to influence” the selection of a textbook. Faculty training, sample copies, instructional materials, and royalties for authors are excluded explicitly from this provision.
Finally, the bill directs the Coordinating Board to work with schools to facilitate the use of open access publications.
TCCTA Executive Director Richard Moore, after thanking the committee for their interest in this important issue, distributed copies of the April 2006 issue of the Messenger, which contains an article by Jennifer Black, a faculty member at McLennan Community College. The article, “Some Practical Alternatives to High Textbook Costs,” illustrates abundant faculty concerns--and constructive engagement--on the issue.
Mr. Moore further related an example to the committee of the prospective adoption of open source online material by the economics faculty in the Dallas County Community College District.
“Textbooks are way too expensive,” he noted, “but this is a rapidly changing environment. The best solutions foster innovation and responsiveness by the local community.”
“Choices of faculty should not be restricted,” he added. “Proper decisions should rest in the hands of faculty.”
HB 956 was left pending.
The other bill receiving testimony from TCCTA was HB 960 (by Herrero).
HB 960 would require colleges and universities to adopt a policy regulating textbook selection for core curriculum courses. The policy must “encourage a faculty member” to use the same editions of books “to the extent practicable” from one academic year to the next, absent “good cause” for changing them. “Good cause” constitutes “significant advances in knowledge or technology affecting the subject matter of the section of the course.”
Without a “good cause” exception, books would be required under the bill to be used for at least three academic years. College boards would determine whether “good cause” exists within 90 days from when a request is submitted.
Mr. Moore, speaking for TCCTA, again stressed the importance of new developments and open source material that could obviate the need for state regulation. He also observed that publishing companies are outside the explicit purview of HB 960, yet informed observers concur that retail practices by vendors have the most direct influence on the price of textbooks.
HB 960 was held pending.
Find out “Who Represents Me?”
March 6, 2007
PERFORMANCE INCENTIVE FUNDING BILL INTRODUCTED
As anticipated in the Capitol, the chair of the Senate Education Committee, Florence Shapiro (R-Plano), has introduced a bill advancing Governor Perry's proposal (discussed in a previous Legislative Update) linking higher education funding to assorted measures of college performance.
SB 1029, filed on March 1, would set up a system of financial incentives for all components of Texas higher education. For instance, universities would be required to administer exit examinations to calibrate state funding levels, though the exams would not be required for graduation.
TCCTA members are urged especially to study Section 61.9802 (the middle section) of SB 1029, which establishes "Performance Funding for Community Colleges, Public Technical Institutes, and Public State Colleges."
For these schools, a new point system would reward degrees achieved, high grade point averages, successful transfers, and certificates earned, with extra credit for advancing "at risk" students. Additional money would be granted in "critical fields," such as mathematics, physical science, computer science, allied health, and nursing.
The bill also requires a general education test that, when compared with national or state averages on the same exam, would be used in measuring student learning for purposes of performance funding. Occupational or professional licensing exams in certain fields would qualify to fulfill this requirement. As with the exit exam for universities, students would not be held back because of poor scores on the general education test.
TCCTA has many concerns about SB 1029, especially its potential effect upon the broad mission of community colleges and the ability of faculty to determine course standards.
Certain fields may indeed be "critical" to today's economy, but virtually all subjects are critical to students who take college courses. Furthermore, the bill does not take into account the diverse character of the 50 community colleges in Texas-each with its own role to play in serving students in its local community. Also, local employers often require or recommend course work at a nearby community college, without requiring a certificate or degree. These courses should be funded without penalty.
Most importantly perhaps, given the recent experience of Texas public schools with high stakes testing, legitimate questions should be raised about the perceived need for more state-mandated examinations.
SB 1029 will likely endure abundant changes as it works through the legislative process in the coming weeks. However, the bill as currently written may be the most salient measure this session for educators-especially regarding the important subjects of academic integrity, local flexibility, and faculty standards in college courses.
TCCTA, working closely with the association's lobbyist, Beaman Floyd, has begun a series of conversations about the bill with policy makers and college leaders, in advance of any public deliberations in the Senate.
Members are urged to be on the alert for subsequent updates. Such bulletins may recommend immediate and precise communication to senators and representatives about SB 1029. Timing could be essential if the bill (or perhaps a House companion) advances to the committee stage of the process. In the meantime, all educators are encouraged to read SB 1029 carefully and to stress to their own legislators the potential negative--if unintended--consequences of using such categorical measures of performance to distribute state revenue.
IMPORTANT: When communicating with lawmakers, do not use college equipment, e-mail addresses, telephones, or supplies.
February 12, 2007
APPROPRIATION PROCESS BEGINS
The general appropriation bills for the 80th Regular Session have initiated the arduous process of assembling a state budget for next biennium. Capitol observers often refer to these documents as the “first draft” of the budget, which likely won’t be finalized until late May. The two versions traditionally take on divergent characteristics as they move through the session.
Both bills restore the ten percent cut for community colleges previously ordered by the governor and legislative leadership, but fall short of “current revenue” (based on the 2006-07 biennium) due to a surprising contraction in contact hour enrollment during the previous base year. Community college leaders ascribe the decline primarily to a strong economy (as students choose work over school) and higher tuition. Preliminary estimates indicate growth for the future, however, as two-year schools continue to lead the way in attracting freshmen and sophomore students.
The House and Senate bills currently set aside slightly under $785 million for each year of the 2008-09 biennium.
“Proportionality” in funding health insurance for community college educators is not part of either bill at this point. This is refreshing news, and it is clear that lawmakers heard from community college educators on this issue, resulting in the controversial provision being dropped from active consideration. As Rep. Lois Kolkhorst (R-Brenham) quipped on February 7, while chairing a hearing of the Education Subcommittee of the House Appropriations Committee: “When the horse is dead, dismount.”
For several years, TCCTA has been an important voice in adding “proportionality” to the vocabularies of educators and their families across the state.
This session, TCCTA has endorsed the “New Community College Compact with Texas,” a plan put forth by the Texas Association of Community Colleges offering a new approach for funding the instructional “formula.” For more information, see page five of the December Messenger.
GOVERNOR’S HIGHER EDUCATION PLAN DRAWS ATTENTION
Governor Rick Perry has announced an ambitious plan to link increased higher education funding to graduation rates. Under the plan, standardized exit examinations would also be required for universities to earn higher levels of funding.
For community, technical, and the Lamar State colleges, the proposed incentive program would reward three measures: (1) certificates earned in approved programs and associate degrees completed, (2) students completing at least 30 hours with a GPA of 2.5 or higher who transfer to a four-year state college, and (3) high scores on a general education or licensure exam. Additional weight would be given for students majoring in engineering technology, computer science, math, physical science, allied health, and nursing. Average incentive funding is estimated to be $1,216 per certificate, degree, or transfer student.
Not surprisingly, many educators at all levels are concerned that using such “accountability” in funding could result in reduced rigor and lower academic standards. Commissioner of Higher Education Raymund Paredes has spoken repeatedly about the importance of making sure that college graduates can perform at high academic levels.
Sen. Steve Ogden (R-Bryan), chair of the Senate Finance Committee, during a budget hearing on Feb. 8, categorically criticized the notion of “paying for diplomas,” as he put it.
“It scares me to death,” he added. The chairman went on to state that such funding mechanisms could have negative--if unintended--consequences, as policy makers attempt to boost student graduation and completion.
TCCTA OFFERS TESTIMONY
In written statements handed directly to House and Senate committee members, TCCTA President Danita McAnally, Amarillo College, addressed these and other important budgetary issues, including health insurance, TRS, and ORP.
Regarding accountability, the testimony includes the following statement:
TCCTA welcomes all valid documentation of community and technical college performance. We believe that accountability measures should be designed carefully to insure that academic standards and rigor in college courses are not placed in jeopardy. The complete mission of our schools in work force education should be funded without penalty.
The entire text of Ms. McAnally’s testimony can be found at the conclusion of this message.
TCCTA DAILY BILL TRACKING NOW AVAILABLE
Bills potentially affecting Texas community colleges are identified by the state office and automatically “tracked” overnight, reflecting the latest developments throughout the session. Members are encouraged to visit this link often: http://www.tccta.org/tcctaleg.html
COORDINATING BOARD DELIBERATES ON “COLLEGE READINESS”
On January 25, the Texas Higher Education Coordinating Board examined several details regarding the implementation of HB 1, the landmark legislation passed last May by the third Special Session of the Legislature.
Understandably, community college educators have focused on the “college readiness” component of the law, and its provision for enhanced college offerings in high school. Another portion of Article 5 is highly significant as well. It is called the “Course Redesign Project.” This subject is discussed on page eight of the December issue of the Messenger.
The deadline is September 1, 2007, for each participating college or university to begin offering redesigned courses. Participating schools are to submit a report to the Coordinating Board describing the results, by September 1, 2009. The board is to report the results of the entire project back to the Legislature by January 1, 2011.
At its most recent meeting, the board heard from Dr. David Conley, director of the Center for Educational Research at the University of Oregon. Dr. Conley supervised a highly celebrated project to determine what cognitive skills and subject area knowledge college-bound students need to succeed. He is also the author of College Knowledge: What it Takes for Students to Succeed and What We Can Do to Get Them Ready.
Dr. Conley said that Texas, with HB 1, has taken an important step toward aligning the expectations and standards of high school educators with those of college faculty. Key to this process are the “vertical teams” now being assembled, consisting of educators from elementary to college levels.
Another component is local P-16 Councils, consisting of educators, civic leaders, and business executives.
Much of the focus during the coming months will be to align all components of the P-16 pipeline. Dr. Conley stressed that the goal is not a standardized curriculum, but the “habits of the mind” that college faculty expect when students enter their classes. For instance, colleges expect reasoning skills and the ability to draw inferences by freshman students.
Commissioner of Higher Education Raymund Paredes said that all components should begin extended conversations during the prospective “revolution in pedagogy” to make sure high school graduates are ready for rigorous college coursework.
All comments should be directed to the Coordinating Board.
BILLS INTRODUCED TO REPEAL SOCIAL SECURITY PROVISIONS
Note: This message is directed primarily at members who plan to retire from community colleges that do not participate in the Social Security system.
Due to the change in leadership in the U.S. House and Senate resulting from the 2006 elections, some observers are more optimistic that the Government Pension Offset and Windfall Elimination Provision could be repealed this year. The provisions have punitive financial effects upon many community college retirees.
Companion bills have been introduced in both chambers to accomplish repeal.
For background information, the latest updates, and contact information for the members of Congress, please examine the page found at the following link, which is also listed under “Announcements” at the TCCTA Web site:
http://www.tccta.org/publications/Social-Security.html
Members are urged to return to this page frequently for the latest news on this important subject. TCCTA plans to alert members via e-mail if a particular action is appropriate.
TCCTA TESTIMONY AT STATE BUDGET HEARINGS INCLUDED BELOW
The following statement was delivered to members of the House Subcommittee on Education of the Committee on Appropriations, and the Senate Finance Committee, during separate hearings on February 7 and 8, respectively.
Dear Committee Members:
The Texas Community College Teachers Association is a professional association, consisting of approximately 6,000 faculty, administrators, counselors, librarians, and other educators on the campuses of all community and technical colleges in Texas. We are by far the largest organization of two-year college educators in the state.
As state demographer Steve Murdoch has projected, the economic health of Texas will require a much better educated work force. Community colleges now enroll 75 percent of freshmen and sophomores. It is clear that the Closing the Gaps initiative can’t be achieved without bold support for these unique schools.
We support the funding recommendations of the Texas Association of Community Colleges, including the innovation incentives outlined in their New Community College Compact With Texas. We also applaud the recommendations of Commissioner Paredes and the Coordinating Board regarding increased revenue for our institutions.
TCCTA welcomes all valid documentation of community and technical college performance. We believe that accountability measures should be designed carefully to insure that academic standards and rigor in college courses are not placed in jeopardy. The complete mission of our schools in work force education should be funded without penalty.
Our members participate in ERS group health benefits. On this funding item, we also agree fully with the Texas Association of Community Colleges. In order to attract and retain talented college faculty, the state’s historical commitment to providing benefits—including adjustments for rising costs—must be continued.
The majority of our members participate in the Optional Retirement Program. Naturally, we believe the current state contribution should be maintained—and preferably enhanced. As with salaries and benefits, an attractive retirement plan is crucial for two-year college educators. “Defined contribution” plans such as ORP are becoming increasingly popular. In order for these plans to succeed for prospective retirees, the contribution rate must be robust and dependable.
For many of our members, the Texas Teacher Retirement System is their retirement plan. Most urgently, these participants want the state to fortify the fund’s actuarial soundness for the long term. Legislative appropriations have been frozen at six percent, the constitutional minimum, for many years. We praise the efforts during the recent Special Session of Senator Robert Duncan, Representative Craig Eiland, and others, to increase the state’s contribution. We encourage all members to embrace such reforms in the 80th Regular Session.
Please don’t hesitate to contact our state office to request a meeting or for more information. We deeply appreciate your hard work and dedication.
Sincerely,
Danita McAnally
President
More on Perry Veto
TCCTA State President responds to veto
(June 28, 2007)
AACC President Responds to veto
(June 25, 2007)
More TCCTA Benefits
Bill Tracking: 80th Legislative Session
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