1 | 1 | | By: Dutton, King of Hemphill, Harless, H.B. No. 11 |
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2 | 2 | | Buckley, Jones of Harris, et al. |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the rights and certification of public school |
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8 | 8 | | educators, including financial and other assistance and waivers |
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9 | 9 | | provided to public schools by the Texas Education Agency related to |
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10 | 10 | | public school educators, methods of instruction provided in public |
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11 | 11 | | schools, and certain allotments under the Foundation School |
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12 | 12 | | Program. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subchapter A, Chapter 21, Education Code, is |
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15 | 15 | | amended by adding Section 21.010 to read as follows: |
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16 | 16 | | Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency |
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17 | 17 | | shall collect data from school districts and open-enrollment |
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18 | 18 | | charter schools for the recruitment and retention of classroom |
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19 | 19 | | teachers, including the classification, grade level, subject area, |
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20 | 20 | | duration, and other relevant information regarding vacant teaching |
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21 | 21 | | positions in a district or school. The data may be collected using |
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22 | 22 | | the Public Education Information Management System (PEIMS) or |
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23 | 23 | | another reporting mechanism specified by the agency. |
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24 | 24 | | SECTION 2. Subchapter B, Chapter 21, Education Code, is |
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25 | 25 | | amended by adding Section 21.0411 to read as follows: |
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26 | 26 | | Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND |
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27 | 27 | | CERTIFICATION FEES. (a) Notwithstanding a rule adopted under |
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28 | 28 | | Section 21.041(c), the board shall, for a person applying for a |
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29 | 29 | | certification to teach established under this subchapter, waive: |
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30 | 30 | | (1) a certification examination fee imposed by the |
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31 | 31 | | board for the first administration of the examination to the |
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32 | 32 | | person; and |
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33 | 33 | | (2) a fee associated with the application for |
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34 | 34 | | certification by the person. |
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35 | 35 | | (b) The board shall pay to a vendor that administers a |
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36 | 36 | | certification examination required for certification to teach |
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37 | 37 | | under this subchapter a fee assessed by that vendor for the |
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38 | 38 | | examination of a person applying for a certification to teach |
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39 | 39 | | established under this subchapter for the first administration of |
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40 | 40 | | the examination to the person. |
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41 | 41 | | SECTION 3. Section 21.044, Education Code, is amended by |
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42 | 42 | | adding Subsection (h) to read as follows: |
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43 | 43 | | (h) An educator preparation program, including an educator |
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44 | 44 | | preparation program offered by an institution of higher education, |
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45 | 45 | | as defined by Section 61.003, may not include instruction that |
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46 | 46 | | incorporates the method of three-cueing, as defined by Section |
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47 | 47 | | 28.0062(a-1), into foundational skills reading instruction. |
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48 | 48 | | SECTION 4. Section 21.051, Education Code, is amended by |
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49 | 49 | | adding Subsections (f-2) and (f-3) to read as follows: |
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50 | 50 | | (f-2) The board shall propose rules as soon as practicable |
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51 | 51 | | providing that a candidate for certification enrolled in an |
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52 | 52 | | educator preparation program is entitled to not fewer than five |
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53 | 53 | | candidate observations during a school year that fulfill the |
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54 | 54 | | requirements for field-based experience if the candidate: |
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55 | 55 | | (1) is employed by a district of innovation with a |
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56 | 56 | | local innovation plan developed under Section 12A.003 that exempts |
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57 | 57 | | the district from the requirements of Section 21.003; and |
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58 | 58 | | (2) does not hold a teacher intern certificate or a |
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59 | 59 | | probationary certificate issued under Section 21.0491. |
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60 | 60 | | (f-3) A candidate for certification who fulfills the |
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61 | 61 | | requirements for field-based experience in accordance with |
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62 | 62 | | Subsection (f-2): |
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63 | 63 | | (1) may be issued a standard certificate if the |
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64 | 64 | | candidate completes all other eligibility requirements required to |
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65 | 65 | | receive a teacher intern or probationary certification, including |
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66 | 66 | | passing any examination required for that certification, required |
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67 | 67 | | by the board, and in accordance with timelines established by board |
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68 | 68 | | rule; and |
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69 | 69 | | (2) may not be issued a teacher intern or probationary |
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70 | 70 | | certificate. |
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71 | 71 | | SECTION 5. Section 21.105, Education Code, is amended by |
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72 | 72 | | amending Subsection (c) and adding Subsection (g) to read as |
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73 | 73 | | follows: |
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74 | 74 | | (c) Subject to Subsections (e), [and] (f), and (g), on |
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75 | 75 | | written complaint by the employing district, the State Board for |
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76 | 76 | | Educator Certification may impose sanctions against a teacher |
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77 | 77 | | employed under a probationary contract who: |
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78 | 78 | | (1) resigns; |
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79 | 79 | | (2) fails without good cause to comply with Subsection |
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80 | 80 | | (a) or (b); and |
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81 | 81 | | (3) fails to perform the contract. |
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82 | 82 | | (g) The State Board for Educator Certification may not |
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83 | 83 | | impose a sanction under Subsection (c) against a teacher who |
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84 | 84 | | relinquishes a position under a probationary contract and leaves |
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85 | 85 | | the employment of the district after the 45th day before the first |
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86 | 86 | | day of instruction for the upcoming school year in violation of |
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87 | 87 | | Subsection (a) and without the consent of the board of trustees |
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88 | 88 | | under Subsection (b), if the teacher's failure to comply with |
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89 | 89 | | Subsection (a) was due to: |
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90 | 90 | | (1) the teacher, or a close family member of the |
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91 | 91 | | teacher, developing a serious illness or experiencing a significant |
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92 | 92 | | change in health condition; |
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93 | 93 | | (2) the teacher relocating because the teacher's |
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94 | 94 | | spouse or a partner who resides with the teacher changes employers; |
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95 | 95 | | (3) the needs of the teacher's family changing |
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96 | 96 | | significantly in a manner that requires the teacher to: |
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97 | 97 | | (A) relocate; or |
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98 | 98 | | (B) forgo employment during a period of required |
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99 | 99 | | employment under the teacher's contract; or |
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100 | 100 | | (4) the teacher reasonably believing that the teacher |
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101 | 101 | | received written permission from the school district to resign. |
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102 | 102 | | SECTION 6. Section 21.160, Education Code, is amended by |
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103 | 103 | | amending Subsection (c) and adding Subsection (g) to read as |
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104 | 104 | | follows: |
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105 | 105 | | (c) Subject to Subsections (e), [and] (f), and (g), on |
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106 | 106 | | written complaint by the employing district, the State Board for |
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107 | 107 | | Educator Certification may impose sanctions against a teacher who |
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108 | 108 | | is employed under a continuing contract that obligates the district |
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109 | 109 | | to employ the person for the following school year and who: |
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110 | 110 | | (1) resigns; |
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111 | 111 | | (2) fails without good cause to comply with Subsection |
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112 | 112 | | (a) or (b); and |
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113 | 113 | | (3) fails to perform the contract. |
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114 | 114 | | (g) The State Board for Educator Certification may not |
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115 | 115 | | impose a sanction under Subsection (c) against a teacher who |
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116 | 116 | | relinquishes a position under a continuing contract and leaves the |
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117 | 117 | | employment of the district after the 45th day before the first day |
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118 | 118 | | of instruction of the upcoming school year in violation of |
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119 | 119 | | Subsection (a) and without the consent of the board of trustees |
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120 | 120 | | under Subsection (b), if the teacher's failure to comply with |
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121 | 121 | | Subsection (a) was due to: |
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122 | 122 | | (1) the teacher, or a close family member of the |
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123 | 123 | | teacher, developing a serious illness or experiencing a significant |
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124 | 124 | | change in health condition; |
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125 | 125 | | (2) the teacher relocating because the teacher's |
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126 | 126 | | spouse or a partner who resides with the teacher changes employers; |
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127 | 127 | | (3) the needs of the teacher's family changing |
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128 | 128 | | significantly in a manner that requires the teacher to: |
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129 | 129 | | (A) relocate; or |
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130 | 130 | | (B) forgo employment during a period of required |
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131 | 131 | | employment under the teacher's contract; or |
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132 | 132 | | (4) the teacher reasonably believing that the teacher |
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133 | 133 | | received written permission from the school district to resign. |
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134 | 134 | | SECTION 7. Section 21.210, Education Code, is amended by |
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135 | 135 | | amending Subsection (c) and adding Subsection (g) to read as |
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136 | 136 | | follows: |
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137 | 137 | | (c) Subject to Subsections (e), [and] (f), and (g), on |
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138 | 138 | | written complaint by the employing district, the State Board for |
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139 | 139 | | Educator Certification may impose sanctions against a teacher who |
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140 | 140 | | is employed under a term contract that obligates the district to |
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141 | 141 | | employ the person for the following school year and who: |
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142 | 142 | | (1) resigns; |
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143 | 143 | | (2) fails without good cause to comply with Subsection |
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144 | 144 | | (a) or (b); and |
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145 | 145 | | (3) fails to perform the contract. |
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146 | 146 | | (g) The State Board for Educator Certification may not |
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147 | 147 | | impose a sanction under Subsection (c) against a teacher who |
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148 | 148 | | relinquishes a position under a term contract and leaves the |
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149 | 149 | | employment of the district after the 45th day before the first day |
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150 | 150 | | of instruction of the upcoming school year in violation of |
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151 | 151 | | Subsection (a) and without the consent of the board of trustees |
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152 | 152 | | under Subsection (b), if the teacher's failure to comply with |
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153 | 153 | | Subsection (a) was due to: |
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154 | 154 | | (1) the teacher, or a close family member of the |
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155 | 155 | | teacher, developing a serious illness or experiencing a significant |
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156 | 156 | | change in health condition; |
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157 | 157 | | (2) the teacher relocating because the teacher's |
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158 | 158 | | spouse or a partner who resides with the teacher changes employers; |
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159 | 159 | | (3) the needs of the teacher's family changing |
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160 | 160 | | significantly in a manner that requires the teacher to: |
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161 | 161 | | (A) relocate; or |
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162 | 162 | | (B) forgo employment during a period of required |
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163 | 163 | | employment under the teacher's contract; or |
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164 | 164 | | (4) the teacher reasonably believing that the teacher |
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165 | 165 | | received written permission from the school district to resign. |
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166 | 166 | | SECTION 8. Sections 21.3521(a), (c), and (e), Education |
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167 | 167 | | Code, are amended to read as follows: |
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168 | 168 | | (a) Subject to Subsection (b), a school district or |
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169 | 169 | | open-enrollment charter school may designate a classroom teacher as |
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170 | 170 | | a master, exemplary, [or] recognized, or acknowledged teacher for a |
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171 | 171 | | five-year period based on the results from single year or multiyear |
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172 | 172 | | appraisals that comply with Section 21.351 or 21.352. |
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173 | 173 | | (c) Notwithstanding performance standards established |
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174 | 174 | | under Subsection (b), a classroom teacher that holds a National |
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175 | 175 | | Board Certification issued by the National Board for Professional |
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176 | 176 | | Teaching Standards may be designated as nationally board certified |
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177 | 177 | | [recognized]. |
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178 | 178 | | (e) The agency shall develop and provide technical |
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179 | 179 | | assistance for school districts and open-enrollment charter |
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180 | 180 | | schools that request assistance in implementing a local optional |
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181 | 181 | | teacher designation system, including: |
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182 | 182 | | (1) providing assistance in prioritizing high needs |
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183 | 183 | | campuses; |
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184 | 184 | | (2) providing examples of local optional teacher |
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185 | 185 | | designation systems; |
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186 | 186 | | (3) applying the performance and validity standards |
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187 | 187 | | established by the commissioner under Subsection (b); |
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188 | 188 | | (4) providing centralized support for the analysis of |
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189 | 189 | | the results of assessment instruments administered to district or |
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190 | 190 | | school students; and |
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191 | 191 | | (5) facilitating effective communication on and |
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192 | 192 | | promotion of local optional teacher designation systems. |
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193 | 193 | | SECTION 9. Subchapter H, Chapter 21, Education Code, is |
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194 | 194 | | amended by adding Section 21.3522 to read as follows: |
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195 | 195 | | Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM |
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196 | 196 | | GRANT PROGRAM. (a) From funds appropriated or otherwise available |
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197 | 197 | | for the purpose, the agency shall establish and administer a grant |
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198 | 198 | | program to provide money and technical assistance to: |
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199 | 199 | | (1) expand implementation of local optional teacher |
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200 | 200 | | designation systems under Section 21.3521; and |
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201 | 201 | | (2) increase the number of classroom teachers eligible |
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202 | 202 | | for a designation under that section. |
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203 | 203 | | (b) A grant awarded under this section must: |
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204 | 204 | | (1) meet the needs of individual school districts; and |
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205 | 205 | | (2) enable regional leadership capacity. |
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206 | 206 | | (c) The commissioner may adopt rules to establish and |
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207 | 207 | | administer the grant program under this section. |
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208 | 208 | | SECTION 10. Subchapter I, Chapter 21, Education Code, is |
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209 | 209 | | amended by adding Section 21.416 to read as follows: |
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210 | 210 | | Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT |
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211 | 211 | | PROGRAM. (a) From funds appropriated or otherwise available, the |
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212 | 212 | | commissioner shall establish and administer a grant program to |
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213 | 213 | | award funds to reimburse a school district or open-enrollment |
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214 | 214 | | charter school that hires a teacher who retired before September 1, |
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215 | 215 | | 2022, for the increased contributions to the Teacher Retirement |
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216 | 216 | | System of Texas associated with hiring the retired teacher. |
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217 | 217 | | (b) In appropriating money for grants awarded under this |
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218 | 218 | | section, the legislature may provide for, modify, or limit amounts |
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219 | 219 | | appropriated for that purpose in the General Appropriations Act, |
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220 | 220 | | including by: |
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221 | 221 | | (1) providing, notwithstanding Subsection (a), a date |
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222 | 222 | | or date range other than September 1, 2022, before which a teacher |
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223 | 223 | | must have retired for a school district or open-enrollment charter |
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224 | 224 | | school that hires the teacher to be eligible; or |
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225 | 225 | | (2) limiting eligibility to a school district or |
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226 | 226 | | open-enrollment charter school that hires a retired teacher: |
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227 | 227 | | (A) who holds a certain certification; |
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228 | 228 | | (B) to teach a certain subject or grade; |
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229 | 229 | | (C) in a certain geographical area; or |
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230 | 230 | | (D) to provide instruction to certain students, |
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231 | 231 | | including to students with disabilities. |
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232 | 232 | | (c) The commissioner shall proportionally reduce the amount |
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233 | 233 | | of funds awarded to school districts and open-enrollment charter |
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234 | 234 | | schools under this section if the number of grant applications by |
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235 | 235 | | eligible districts or schools exceeds the number of grants the |
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236 | 236 | | commissioner could award with the money appropriated or otherwise |
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237 | 237 | | available for the purpose. |
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238 | 238 | | (d) A school district or open-enrollment charter school may |
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239 | 239 | | use funds received under this section to make required payments |
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240 | 240 | | under Section 825.4092, Government Code. |
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241 | 241 | | SECTION 11. Subchapter J, Chapter 21, Education Code, is |
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242 | 242 | | amended by adding Sections 21.466 and 21.467 to read as follows: |
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243 | 243 | | Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds |
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244 | 244 | | appropriated or otherwise available for the purpose, the agency |
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245 | 245 | | shall develop training for and provide technical assistance to |
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246 | 246 | | school districts and open-enrollment charter schools regarding: |
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247 | 247 | | (1) strategic compensation, staffing, and scheduling |
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248 | 248 | | efforts that improve professional growth, teacher leadership |
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249 | 249 | | opportunities, and staff retention; |
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250 | 250 | | (2) programs that encourage high school students or |
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251 | 251 | | other members of the community in the area served by the district to |
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252 | 252 | | become teachers, including available teacher apprenticeship |
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253 | 253 | | programs; and |
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254 | 254 | | (3) programs or strategies that school leaders may use |
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255 | 255 | | to establish clear and attainable behavior expectations while |
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256 | 256 | | proactively supporting students. |
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257 | 257 | | (b) From funds appropriated or otherwise available, the |
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258 | 258 | | agency shall provide grants to school districts and open-enrollment |
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259 | 259 | | charter schools to implement initiatives developed under this |
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260 | 260 | | section. |
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261 | 261 | | Sec. 21.467. TEACHER TIME STUDY. (a) From funds |
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262 | 262 | | appropriated or otherwise available for the purpose, the agency |
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263 | 263 | | shall develop and maintain a technical assistance program to |
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264 | 264 | | support school districts and open-enrollment charter schools in: |
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265 | 265 | | (1) studying how the district's or school's staff and |
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266 | 266 | | student schedules, required noninstructional duties for classroom |
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267 | 267 | | teachers, and professional development requirements for educators |
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268 | 268 | | are affecting the amount of time classroom teachers work each week; |
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269 | 269 | | and |
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270 | 270 | | (2) refining the schedules for students or staff as |
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271 | 271 | | necessary to ensure teachers have sufficient time during normal |
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272 | 272 | | work hours to fulfill all job duties, including addressing the |
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273 | 273 | | needs of students. |
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274 | 274 | | (b) The agency shall periodically make findings and |
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275 | 275 | | recommendations for best practices publicly available using |
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276 | 276 | | information from participating school districts and |
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277 | 277 | | open-enrollment charter schools. |
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278 | 278 | | SECTION 12. Chapter 21, Education Code, is amended by |
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279 | 279 | | adding Subchapter R to read as follows: |
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280 | 280 | | SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM |
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281 | 281 | | Sec. 21.901. DEFINITIONS. In this subchapter: |
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282 | 282 | | (1) "Board" means the State Board for Educator |
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283 | 283 | | Certification. |
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284 | 284 | | (2) "Cooperating teacher" means a classroom teacher |
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285 | 285 | | who: |
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286 | 286 | | (A) has at least three complete years of teaching |
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287 | 287 | | experience with a superior record of assisting students, as a |
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288 | 288 | | whole, in achieving improvement in student performance; |
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289 | 289 | | (B) is employed by a school district or |
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290 | 290 | | open-enrollment charter school participating in a partnership |
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291 | 291 | | program under this subchapter and paired with a partnership |
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292 | 292 | | resident at the district or school; and |
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293 | 293 | | (C) provides coaching to a partnership resident |
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294 | 294 | | in the teacher's classroom. |
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295 | 295 | | (3) "Partnership program" means a Texas Teacher |
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296 | 296 | | Residency Partnership Program established at a school district or |
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297 | 297 | | open-enrollment charter school in accordance with this subchapter. |
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298 | 298 | | (4) "Partnership resident" means a person enrolled in |
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299 | 299 | | a qualified educator preparation program participating in a |
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300 | 300 | | partnership program as a candidate for educator certification. |
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301 | 301 | | (5) "Qualified educator preparation program" means an |
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302 | 302 | | educator preparation program approved in accordance with rules |
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303 | 303 | | proposed under Section 21.903. |
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304 | 304 | | Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a) |
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305 | 305 | | The commissioner shall establish the Texas Teacher Residency |
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306 | 306 | | Partnership Program to enable qualified educator preparation |
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307 | 307 | | programs to form partnerships with school districts or |
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308 | 308 | | open-enrollment charter schools to provide residency positions to |
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309 | 309 | | partnership residents at the district or school. |
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310 | 310 | | (b) The partnership program must be designed to: |
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311 | 311 | | (1) allow partnership residents to receive |
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312 | 312 | | field-based experience working with cooperating teachers in |
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313 | 313 | | prekindergarten through grade 12 classrooms; and |
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314 | 314 | | (2) gradually increase the amount of time a |
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315 | 315 | | partnership resident spends engaging in instructional |
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316 | 316 | | responsibilities, including observation, co-teaching, and |
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317 | 317 | | lead-teaching responsibilities. |
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318 | 318 | | Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The |
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319 | 319 | | board shall propose rules specifying the requirements for board |
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320 | 320 | | approval of an educator preparation program as a qualified educator |
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321 | 321 | | preparation program for purposes of this subchapter. The rules |
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322 | 322 | | must require an educator preparation program to: |
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323 | 323 | | (1) use research-based best practices for recruiting |
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324 | 324 | | and admitting candidates into the educator preparation program to |
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325 | 325 | | participate in the partnership program; |
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326 | 326 | | (2) integrate curriculum, classroom practice, and |
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327 | 327 | | formal observation and feedback; |
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328 | 328 | | (3) use multiple assessments to measure a partnership |
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329 | 329 | | resident's progress in the partnership program; and |
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330 | 330 | | (4) partner with a school district or open-enrollment |
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331 | 331 | | charter school. |
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332 | 332 | | Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND |
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333 | 333 | | SCHOOLS. (a) A school district or open-enrollment charter school |
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334 | 334 | | participating in the partnership program shall: |
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335 | 335 | | (1) enter into a written agreement with a qualified |
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336 | 336 | | educator preparation program to: |
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337 | 337 | | (A) provide a partnership resident with at least |
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338 | 338 | | one school year of clinical teaching in a residency position at the |
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339 | 339 | | district or school in the subject area and grade level for which the |
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340 | 340 | | resident seeks certification; and |
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341 | 341 | | (B) pair the partnership resident with a |
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342 | 342 | | cooperating teacher; |
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343 | 343 | | (2) only use money received under Section 48.157 to: |
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344 | 344 | | (A) implement the partnership program; |
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345 | 345 | | (B) provide compensation to: |
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346 | 346 | | (i) partnership residents in residency |
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347 | 347 | | positions at the district or school; and |
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348 | 348 | | (ii) cooperating teachers who are paired |
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349 | 349 | | with partnership residents at the district or school; and |
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350 | 350 | | (C) provide an amount equal to at least 10 |
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351 | 351 | | percent of the funding received by the district or school to the |
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352 | 352 | | qualified educator preparation program with which the district or |
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353 | 353 | | school partners; |
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354 | 354 | | (3) pay at least 50 percent of the compensation paid to |
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355 | 355 | | partnership residents using money other than money received under |
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356 | 356 | | Section 48.157; and |
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357 | 357 | | (4) provide any information required by the agency |
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358 | 358 | | regarding the district's or school's implementation of the program. |
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359 | 359 | | (b) A school district or open-enrollment charter school may |
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360 | 360 | | only pair a partnership resident with a cooperating teacher who |
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361 | 361 | | agrees to participate in that role in a partnership program at the |
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362 | 362 | | district or school partnership program. |
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363 | 363 | | (c) A partnership resident may not serve as a teacher of |
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364 | 364 | | record, as that term is defined by Section 21.051. |
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365 | 365 | | Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board |
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366 | 366 | | shall propose rules specifying the requirements for the issuance of |
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367 | 367 | | a residency educator certificate to a candidate who has |
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368 | 368 | | successfully completed a qualified educator preparation program |
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369 | 369 | | under Section 21.903. The rules may not require the resident to |
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370 | 370 | | pass a pedagogy examination unless the examination tests |
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371 | 371 | | subject-specific content appropriate for the grade and subject area |
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372 | 372 | | for which the candidate seeks certification. |
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373 | 373 | | Sec. 21.906. AGENCY SUPPORT. The agency shall provide |
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374 | 374 | | technical assistance, planning, and support to school districts, |
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375 | 375 | | open-enrollment charter schools, and qualified educator |
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376 | 376 | | preparation programs, which must include: |
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377 | 377 | | (1) providing model forms and agreements a district, |
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378 | 378 | | school, or educator preparation program may use to comply with the |
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379 | 379 | | requirements of this subchapter; and |
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380 | 380 | | (2) support for district and school strategic staffing |
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381 | 381 | | and compensation models to incentivize participation in a |
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382 | 382 | | partnership program. |
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383 | 383 | | Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The |
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384 | 384 | | commissioner may solicit and accept gifts, grants, and donations |
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385 | 385 | | from public and private entities to use for the purposes of this |
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386 | 386 | | subchapter. |
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387 | 387 | | Sec. 21.908. RULES; NEGOTIATED RULEMAKING COMMITTEE. (a) |
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388 | 388 | | The board shall propose rules necessary to implement this |
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389 | 389 | | subchapter, including, subject to Subsection (b), rules under |
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390 | 390 | | Sections 21.903 and 21.905. |
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391 | 391 | | (b) In using negotiated rulemaking procedures under Chapter |
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392 | 392 | | 2008, Government Code, for any proposed rule related to the |
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393 | 393 | | implementation of Section 21.903 or 21.905, the board must appoint |
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394 | 394 | | to the negotiated rulemaking committee persons representing |
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395 | 395 | | institutions of higher education, as defined by Section 61.003. |
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396 | 396 | | (c) The commissioner shall adopt rules as necessary to |
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397 | 397 | | implement this subchapter after considering the recommendations of |
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398 | 398 | | the negotiated rulemaking committee appointed under Subsection |
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399 | 399 | | (b). |
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400 | 400 | | SECTION 13. Section 28.0062, Education Code, is amended by |
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401 | 401 | | adding Subsection (a-1) to read as follows: |
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402 | 402 | | (a-1) In this subsection, "three-cueing" means any model, |
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403 | 403 | | including the model referred to as meaning, structure, and visual |
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404 | 404 | | cues (MSV), of teaching a student to read based on meaning, |
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405 | 405 | | structure and syntax, and visual cues or memory. A school district |
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406 | 406 | | or open-enrollment charter school may not include any instruction |
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407 | 407 | | that incorporates three-cueing in the foundational skills reading |
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408 | 408 | | curriculum for kindergarten through third grade. |
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409 | 409 | | SECTION 14. Sections 29.054(b) and (c), Education Code, are |
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410 | 410 | | amended to read as follows: |
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411 | 411 | | (b) An application for an exception may be filed with the |
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412 | 412 | | agency when a district is unable to hire a sufficient number of |
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413 | 413 | | teachers with teaching certificates appropriate for bilingual |
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414 | 414 | | education instruction to staff the required program. The |
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415 | 415 | | application must be accompanied by: |
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416 | 416 | | (1) documentation showing that the district has taken |
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417 | 417 | | all reasonable affirmative steps to secure teachers with teaching |
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418 | 418 | | certificates appropriate for bilingual education instruction and |
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419 | 419 | | has failed; |
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420 | 420 | | (2) documentation showing that the district has |
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421 | 421 | | affirmative hiring policies and procedures consistent with the need |
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422 | 422 | | to serve emergent bilingual students; |
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423 | 423 | | (3) documentation showing that, on the basis of |
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424 | 424 | | district records, no teacher having a teaching certificate |
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425 | 425 | | appropriate for bilingual instruction or emergency credentials has |
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426 | 426 | | been unjustifiably denied employment by the district within the |
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427 | 427 | | past 36 [12] months; and |
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428 | 428 | | (4) a plan detailing specific measures to be used by |
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429 | 429 | | the district to eliminate the conditions that created the need for |
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430 | 430 | | an exception. |
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431 | 431 | | (c) An exception shall be granted under this section on an |
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432 | 432 | | individual district basis and is valid for three years [only one |
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433 | 433 | | year]. Application for an exception for a second or succeeding |
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434 | 434 | | three-year period: [year] |
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435 | 435 | | (1) must be accompanied by the documentation |
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436 | 436 | | prescribed by Subsection (b); and |
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437 | 437 | | (2) may be for different teachers than the teachers |
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438 | 438 | | who were included in an application for an exception for a preceding |
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439 | 439 | | period. |
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440 | 440 | | SECTION 15. Section 29.153(b), Education Code, is amended |
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441 | 441 | | to read as follows: |
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442 | 442 | | (b) A child is eligible for enrollment in a prekindergarten |
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443 | 443 | | class under this section if the child is at least three years of age |
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444 | 444 | | and: |
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445 | 445 | | (1) is unable to speak and comprehend the English |
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446 | 446 | | language; |
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447 | 447 | | (2) is educationally disadvantaged; |
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448 | 448 | | (3) is homeless, regardless of the residence of the |
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449 | 449 | | child, of either parent of the child, or of the child's guardian or |
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450 | 450 | | other person having lawful control of the child; |
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451 | 451 | | (4) is the child of an active duty member of the armed |
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452 | 452 | | forces of the United States, including the state military forces or |
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453 | 453 | | a reserve component of the armed forces, who is ordered to active |
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454 | 454 | | duty by proper authority; |
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455 | 455 | | (5) is the child of a member of the armed forces of the |
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456 | 456 | | United States, including the state military forces or a reserve |
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457 | 457 | | component of the armed forces, who was injured or killed while |
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458 | 458 | | serving on active duty; |
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459 | 459 | | (6) is or ever has been in: |
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460 | 460 | | (A) the conservatorship of the Department of |
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461 | 461 | | Family and Protective Services following an adversary hearing held |
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462 | 462 | | as provided by Section 262.201, Family Code; or |
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463 | 463 | | (B) foster care in another state or territory, if |
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464 | 464 | | the child resides in this state; [or] |
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465 | 465 | | (7) is the child of a person eligible for the Star of |
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466 | 466 | | Texas Award as: |
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467 | 467 | | (A) a peace officer under Section 3106.002, |
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468 | 468 | | Government Code; |
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469 | 469 | | (B) a firefighter under Section 3106.003, |
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470 | 470 | | Government Code; or |
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471 | 471 | | (C) an emergency medical first responder under |
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472 | 472 | | Section 3106.004, Government Code; or |
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473 | 473 | | (8) is the child of a person employed as a classroom |
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474 | 474 | | teacher at a public primary or secondary school in the school |
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475 | 475 | | district that offers a prekindergarten class under this section. |
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476 | 476 | | SECTION 16. Section 48.108, Education Code, is amended by |
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477 | 477 | | adding Subsection (a-1) to read as follows: |
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478 | 478 | | (a-1) For each student in average daily attendance in |
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479 | 479 | | prekindergarten, a school district is entitled to an annual |
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480 | 480 | | allotment equal to the basic allotment multiplied by 0.1 if the |
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481 | 481 | | student is at least four years of age and eligible to enroll in a |
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482 | 482 | | prekindergarten class under Section 29.153(b). |
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483 | 483 | | SECTION 17. Sections 48.112(c) and (d), Education Code, are |
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484 | 484 | | amended to read as follows: |
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485 | 485 | | (c) For each classroom teacher with a teacher designation |
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486 | 486 | | under Section 21.3521 employed by a school district, the school |
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487 | 487 | | district is entitled to an allotment equal to the following |
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488 | 488 | | applicable base amount increased by the high needs and rural factor |
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489 | 489 | | as determined under Subsection (d): |
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490 | 490 | | (1) $12,000, or an increased amount not to exceed |
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491 | 491 | | $36,000 [$32,000] as determined under Subsection (d), for each |
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492 | 492 | | master teacher; |
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493 | 493 | | (2) $9,000 [$6,000], or an increased amount not to |
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494 | 494 | | exceed $25,000 [$18,000] as determined under Subsection (d), for |
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495 | 495 | | each exemplary teacher; [and] |
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496 | 496 | | (3) $5,000 [$3,000], or an increased amount not to |
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497 | 497 | | exceed $15,000 [$9,000] as determined under Subsection (d), for |
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498 | 498 | | each recognized teacher; and |
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499 | 499 | | (4) $3,000, or an increased amount not to exceed |
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500 | 500 | | $9,000 as determined under Subsection (d), for each: |
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501 | 501 | | (A) acknowledged teacher; or |
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502 | 502 | | (B) teacher designated as nationally board |
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503 | 503 | | certified. |
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504 | 504 | | (d) The high needs and rural factor is determined by |
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505 | 505 | | multiplying the following applicable amounts by the average of the |
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506 | 506 | | point value assigned to each student at a district campus under |
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507 | 507 | | Subsection (e): |
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508 | 508 | | (1) $6,000 [$5,000] for each master teacher; |
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509 | 509 | | (2) $4,000 [$3,000] for each exemplary teacher; [and] |
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510 | 510 | | (3) $2,500 [$1,500] for each recognized teacher; and |
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511 | 511 | | (4) $1,500 for each: |
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512 | 512 | | (A) acknowledged teacher; or |
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513 | 513 | | (B) teacher designated as nationally board |
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514 | 514 | | certified. |
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515 | 515 | | SECTION 18. Section 48.114, Education Code, is amended by |
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516 | 516 | | amending Subsection (a) and adding Subsection (d) to read as |
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517 | 517 | | follows: |
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518 | 518 | | (a) A school district [that has implemented a mentoring |
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519 | 519 | | program for classroom teachers who have less than two years of |
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520 | 520 | | teaching experience under Section 21.458] is entitled to an |
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521 | 521 | | allotment [as determined under Subsection (b)] to fund a [the] |
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522 | 522 | | mentoring program and to provide stipends for mentor teachers if: |
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523 | 523 | | (1) the district has implemented a mentoring program |
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524 | 524 | | for classroom teachers under Section 21.458; and |
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525 | 525 | | (2) the mentor teachers assigned under that program |
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526 | 526 | | complete a training program that is required or developed by the |
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527 | 527 | | agency for mentor teachers. |
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528 | 528 | | (d) A school district is entitled to an allotment of $2,000 |
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529 | 529 | | for each classroom teacher with less than two years of experience |
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530 | 530 | | who participates in a mentoring program described by Subsection |
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531 | 531 | | (a). A district may receive an allotment under this section for no |
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532 | 532 | | more than 40 teachers during a school year, except that the |
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533 | 533 | | commissioner may approve an application submitted by the district |
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534 | 534 | | to receive for a school year additional allotments for additional |
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535 | 535 | | classroom teachers, if the district has more than 40 classroom |
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536 | 536 | | teachers who are eligible to participate in the mentoring program |
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537 | 537 | | described by Subsection (a). In approving applications under this |
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538 | 538 | | subsection, the commissioner shall ensure the total amount provided |
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539 | 539 | | in allotments under this section does not exceed the amount |
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540 | 540 | | appropriated for that purpose for that school year. |
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541 | 541 | | SECTION 19. Subchapter D, Chapter 48, Education Code, is |
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542 | 542 | | amended by adding Section 48.157 to read as follows: |
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543 | 543 | | Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this |
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544 | 544 | | section: |
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545 | 545 | | (1) "Partnership program" and "partnership resident" |
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546 | 546 | | have the meanings assigned by Section 21.901. |
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547 | 547 | | (2) "Rural campus" has the meaning assigned by Section |
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548 | 548 | | 48.112. |
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549 | 549 | | (b) For each partnership resident employed at a school |
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550 | 550 | | district in a residency position under Subchapter R, Chapter 21, |
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551 | 551 | | the district is entitled to an allotment equal to a base amount of |
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552 | 552 | | $22,000 increased by the high needs and rural factor, as determined |
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553 | 553 | | under Subsection (c), to an amount not to exceed $42,000. |
---|
554 | 554 | | (c) The high needs and rural factor is determined by |
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555 | 555 | | multiplying $5,000 by the lesser of: |
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556 | 556 | | (1) the average of the point value assigned to each |
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557 | 557 | | student at a district campus under Sections 48.112(e) and (f); or |
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558 | 558 | | (2) 4.0. |
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559 | 559 | | (d) In addition to the funding under Subsection (b), a |
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560 | 560 | | district that qualifies for an allotment under this section is |
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561 | 561 | | entitled to an additional $2,000 for each partnership resident |
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562 | 562 | | employed in a residency position at the district who is a candidate |
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563 | 563 | | for special education or bilingual education certification. |
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564 | 564 | | (e) The Texas School for the Deaf and the Texas School for |
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565 | 565 | | the Blind and Visually Impaired are entitled to an allotment under |
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566 | 566 | | this section. If the commissioner determines that assigning point |
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567 | 567 | | values under Subsection (c) to students enrolled in the Texas |
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568 | 568 | | School for the Deaf or the Texas School for the Blind and Visually |
---|
569 | 569 | | Impaired is impractical, the commissioner may use the average point |
---|
570 | 570 | | value assigned for those students' home districts for purposes of |
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571 | 571 | | calculating the high needs and rural factor. |
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572 | 572 | | SECTION 20. The following provisions are repealed: |
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573 | 573 | | (1) Section 48.114(b), Education Code; |
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574 | 574 | | (2) Subchapter Q, Chapter 21, Education Code; and |
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575 | 575 | | (3) Section 825.4092(f), Government Code, as added by |
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576 | 576 | | Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular |
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577 | 577 | | Session, 2021. |
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578 | 578 | | SECTION 21. Immediately following the effective date of |
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579 | 579 | | this Act, a school district or open-enrollment charter school shall |
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580 | 580 | | redesignate a teacher who holds a designation made under Section |
---|
581 | 581 | | 21.3521, Education Code, before the effective date of this Act, to |
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582 | 582 | | reflect the teacher's designation under Section 21.3521, Education |
---|
583 | 583 | | Code, as amended by this Act. Funding provided to a school district |
---|
584 | 584 | | under Section 48.112, Education Code, for a teacher who held a |
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585 | 585 | | designation made under Section 21.3521, Education Code, as that |
---|
586 | 586 | | section existed immediately before the effective date of this Act, |
---|
587 | 587 | | shall be increased to reflect the teacher's redesignation under |
---|
588 | 588 | | Section 21.3521, Education Code, as amended by this Act. |
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589 | 589 | | SECTION 22. Notwithstanding Section 21.903, Education |
---|
590 | 590 | | Code, as added by this Act, until the State Board for Educator |
---|
591 | 591 | | Certification adopts rules specifying the requirements for |
---|
592 | 592 | | approval of an educator preparation program as a qualified educator |
---|
593 | 593 | | preparation program as required by that section, the commissioner |
---|
594 | 594 | | of education may approve a program as a qualified educator |
---|
595 | 595 | | preparation program for purposes of Subchapter R, Chapter 21, |
---|
596 | 596 | | Education Code, as added by this Act, if the commissioner |
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597 | 597 | | determines that the program meets the requirements under Section |
---|
598 | 598 | | 21.903, Education Code, as added by this Act. An educator |
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599 | 599 | | preparation program's designation as a qualified educator |
---|
600 | 600 | | preparation program by the commissioner under this section remains |
---|
601 | 601 | | effective until the first anniversary of the earliest effective |
---|
602 | 602 | | date of a rule adopted by the State Board for Educator Certification |
---|
603 | 603 | | under Section 21.903, Education Code, as added by this Act. |
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604 | 604 | | SECTION 23. Sections 29.054(b) and (c), Education Code, as |
---|
605 | 605 | | amended by this Act, apply beginning with the 2023-2024 school |
---|
606 | 606 | | year. |
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607 | 607 | | SECTION 24. (a) Except as provided by Subsection (b) of |
---|
608 | 608 | | this section, this Act applies beginning with the 2023-2024 school |
---|
609 | 609 | | year. |
---|
610 | 610 | | (b) Section 48.108(a-1), Education Code, as added by this |
---|
611 | 611 | | Act, applies beginning with the 2025-2026 school year. |
---|
612 | 612 | | SECTION 25. (a) Except as provided by Subsection (b) of |
---|
613 | 613 | | this section, this Act takes effect immediately if this Act |
---|
614 | 614 | | receives a vote of two-thirds of all the members elected to each |
---|
615 | 615 | | house, as provided by Section 39, Article III, Texas Constitution. |
---|
616 | 616 | | If this Act does not receive the vote necessary for immediate |
---|
617 | 617 | | effect, the entirety of this Act takes effect September 1, 2023. |
---|
618 | 618 | | (b) Sections 48.112(c) and (d) and 48.114, Education Code, |
---|
619 | 619 | | as amended by this Act, and Sections 48.108(a-1) and 48.157, |
---|
620 | 620 | | Education Code, as added by this Act, take effect September 1, 2023. |
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