Texas 2023 - 88th Regular

Texas House Bill HB4188 Compare Versions

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1	1	By: Dutton H.B. No. 4188
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the rights, certification, and compensation of public
7	7	school educators, including financial and other assistance
8	8	provided to public schools by the Texas Education Agency related to
9	9	public school educators and to certain allotments under the
10	10	Foundation School Program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 19.009(d-2), Education Code, is amended
13	13	to read as follows:
14	14	(d-2) Beginning with the 2009-2010 school year, the
15	15	district shall increase the [monthly] salary of each classroom
16	16	teacher, full-time speech pathologist, full-time librarian,
17	17	full-time school counselor certified under Subchapter B, Chapter
18	18	21, and full-time school nurse employed by the district by the
19	19	greater of:
20	20	(1) $80 per month; or
21	21	(2) the maximum uniform amount per month that, when
22	22	combined with any resulting increases in the amount of
23	23	contributions made by the district for social security coverage for
24	24	the specified employees or by the district on behalf of the
25	25	specified employees under Section 825.405, Government Code, may be
26	26	provided using an amount equal to the product of $60 multiplied by
27	27	the number of students in weighted average daily attendance in the
28	28	district during the 2009-2010 school year.
29	29	SECTION 2. Section 21.044, Education Code, is amended by
30	30	adding Subsection (h) to read as follows:
31	31	(h) In this subsection, "three-cueing" means a method of
32	32	reading instruction for identification of words by which a student
33	33	is encouraged to draw on context and sentence structure to identify
34	34	a word without sounding the word out or using a phonics-based
35	35	approach. An educator preparation program, including an educator
36	36	preparation program offered by an institution of higher education,
37	37	as defined by Section 61.003:
38	38	(1) may not include instruction that incorporates the
39	39	reading instruction method of three-cueing; and
40	40	(2) must include instruction on the science of
41	41	teaching reading.
42	42	SECTION 3. Section 21.105, Education Code, is amended by
43	43	amending Subsection (c) and adding Subsection (g) to read as
44	44	follows:
45	45	(c) Subject to Subsections (e), [and] (f), and (g), on
46	46	written complaint by the employing district, the State Board for
47	47	Educator Certification may impose sanctions against a teacher
48	48	employed under a probationary contract who:
49	49	(1) resigns;
50	50	(2) fails without good cause to comply with Subsection
51	51	(a) or (b); and
52	52	(3) fails to perform the contract.
53	53	(g) The State Board for Educator Certification may not
54	54	impose a sanction under Subsection (c) against a teacher who
55	55	relinquishes a position under a probationary contract and leaves
56	56	the employment of the district after the 45th day before the first
57	57	day of instruction for the upcoming school year in violation of
58	58	Subsection (a) and without the consent of the board of trustees
59	59	under Subsection (b), if the teacher's failure to comply with
60	60	Subsection (a) was due to:
61	61	(1) the teacher, or a close family member of the
62	62	teacher, developing a serious illness or experiencing a significant
63	63	change in health condition;
64	64	(2) the teacher relocating because the teacher's
65	65	spouse or a partner who resides with the teacher changes employers;
66	66	(3) the needs of the teacher's family changing
67	67	significantly in a manner that requires the teacher to:
68	68	(A) relocate; or
69	69	(B) forgo employment during a period of required
70	70	employment under the teacher's contract; or
71	71	(4) the teacher reasonably believing that the teacher
72	72	received written permission from the school district to resign.
73	73	SECTION 4. Section 21.160, Education Code, is amended by
74	74	amending Subsection (c) and adding Subsection (g) to read as
75	75	follows:
76	76	(c) Subject to Subsections (e), [and] (f), and (g), on
77	77	written complaint by the employing district, the State Board for
78	78	Educator Certification may impose sanctions against a teacher who
79	79	is employed under a continuing contract that obligates the district
80	80	to employ the person for the following school year and who:
81	81	(1) resigns;
82	82	(2) fails without good cause to comply with Subsection
83	83	(a) or (b); and
84	84	(3) fails to perform the contract.
85	85	(g) The State Board for Educator Certification may not
86	86	impose a sanction under Subsection (c) against a teacher who
87	87	relinquishes a position under a continuing contract and leaves the
88	88	employment of the district after the 45th day before the first day
89	89	of instruction of the upcoming school year in violation of
90	90	Subsection (a) and without the consent of the board of trustees
91	91	under Subsection (b), if the teacher's failure to comply with
92	92	Subsection (a) was due to:
93	93	(1) the teacher, or a close family member of the
94	94	teacher, developing a serious illness or experiencing a significant
95	95	change in health condition;
96	96	(2) the teacher relocating because the teacher's
97	97	spouse or a partner who resides with the teacher changes employers;
98	98	(3) the needs of the teacher's family changing
99	99	significantly in a manner that requires the teacher to:
100	100	(A) relocate; or
101	101	(B) forgo employment during a period of required
102	102	employment under the teacher's contract; or
103	103	(4) the teacher reasonably believing that the teacher
104	104	received written permission from the school district to resign.
105	105	SECTION 5. Section 21.210, Education Code, is amended by
106	106	amending Subsection (c) and adding Subsection (g) to read as
107	107	follows:
108	108	(c) Subject to Subsections (e), [and] (f), and (g), on
109	109	written complaint by the employing district, the State Board for
110	110	Educator Certification may impose sanctions against a teacher who
111	111	is employed under a term contract that obligates the district to
112	112	employ the person for the following school year and who:
113	113	(1) resigns;
114	114	(2) fails without good cause to comply with Subsection
115	115	(a) or (b); and
116	116	(3) fails to perform the contract.
117	117	(g) The State Board for Educator Certification may not
118	118	impose a sanction under Subsection (c) against a teacher who
119	119	relinquishes a position under a term contract and leaves the
120	120	employment of the district after the 45th day before the first day
121	121	of instruction of the upcoming school year in violation of
122	122	Subsection (a) and without the consent of the board of trustees
123	123	under Subsection (b), if the teacher's failure to comply with
124	124	Subsection (a) was due to:
125	125	(1) the teacher, or a close family member of the
126	126	teacher, developing a serious illness or experiencing a significant
127	127	change in health condition;
128	128	(2) the teacher relocating because the teacher's
129	129	spouse or a partner who resides with the teacher changes employers;
130	130	(3) the needs of the teacher's family changing
131	131	significantly in a manner that requires the teacher to:
132	132	(A) relocate; or
133	133	(B) forgo employment during a period of required
134	134	employment under the teacher's contract; or
135	135	(4) the teacher reasonably believing that the teacher
136	136	received written permission from the school district to resign.
137	137	SECTION 6. Sections 21.3521(a), (c), (e), and (i),
138	138	Education Code, are amended to read as follows:
139	139	(a) Subject to Subsection (b), a school district or
140	140	open-enrollment charter school may designate a classroom teacher as
141	141	a master, exemplary, [or] recognized, or effective teacher for a
142	142	five-year period based on the results from single year or multiyear
143	143	appraisals that comply with Section 21.351 or 21.352.
144	144	(c) Notwithstanding performance standards established
145	145	under Subsection (b), a classroom teacher that holds a National
146	146	Board Certification issued by the National Board for Professional
147	147	Teaching Standards may be designated as nationally board certified
148	148	[recognized].
149	149	(e) The agency shall develop and provide technical
150	150	assistance for school districts and open-enrollment charter
151	151	schools that request assistance in implementing a local optional
152	152	teacher designation system, including:
153	153	(1) providing assistance in prioritizing high needs
154	154	campuses;
155	155	(2) providing examples of local optional teacher
156	156	designation systems; and
157	157	(3) applying the performance and validity standards
158	158	established by the commissioner under Subsection (b).
159	159	(i) The commissioner may adopt fees to implement this
160	160	section. A fee adopted by the agency under this section:
161	161	(1) is not subject to Sections 2001.0045 and
162	162	2001.0221, Government Code; and
163	163	(2) may be used to develop and provide technical
164	164	assistance for school districts and open-enrollment charter
165	165	schools under Subsection (e).
166	166	SECTION 7. Subchapter H, Chapter 21, Education Code, is
167	167	amended by adding Section 21.3522 to read as follows:
168	168	Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
169	169	GRANT PROGRAM. (a) From funds appropriated or otherwise available
170	170	for the purpose, the agency shall establish and administer a grant
171	171	program to provide money and technical assistance to eligible
172	172	school districts and open-enrollment charter schools to:
173	173	(1) expand implementation of local optional teacher
174	174	designation systems under Section 21.3521; and
175	175	(2) increase the number of classroom teachers eligible
176	176	for a designation under that section.
177	177	(b) A grant awarded under this section must:
178	178	(1) meet the needs of individual school districts;
179	179	(2) enable regional leadership capacity;
180	180	(3) provide centralized support for the analysis of
181	181	the results of assessment instruments administered to district
182	182	students; and
183	183	(4) facilitate effective communication on and
184	184	promotion of local optional teacher designation systems.
185	185	(c) The commissioner shall adopt rules to establish and
186	186	administer the grant program under this section.
187	187	SECTION 8. Section 21.402, Education Code, is amended by
188	188	amending Subsections (a) and (g) and adding Subsections (a-1),
189	189	(c-2), (i), (j), (k), and (l) to read as follows:
190	190	(a) Except as provided by Subsection (c-2) [(e-1) or (f)], a
191	191	school district must pay each employee who is employed as a
192	192	classroom teacher, full-time librarian, full-time school counselor
193	193	certified under Subchapter B, or full-time school nurse not less
194	194	than the highest annual minimum [minimum monthly] salary described
195	195	by the following schedule applicable to [, based on] the employee's
196	196	certification, if any, and years [level] of experience:
197	197	(1) for an employee with less than five years of
198	198	experience who holds:
199	199	(A) no certification $35,000;
200	200	(B) a teacher intern, teacher trainee, or
201	201	probationary certificate issued under Subchapter B, Chapter
202	202	21. $37,000;
203	203	(C) the base certificate required under Section
204	204	21.003(a) for employment in the employee's position other than a
205	205	certificate described by Paragraph (B) $40,000;
206	206	(D) the certificate described by Paragraph (C)
207	207	and a residency educator certificate issued under Section
208	208	21.905 $43,000; or
209	209	(E) any certificate under this subsection and a
210	210	designation under Section 21.3521 $43,000;
211	211	(2) for an employee with at least five years of
212	212	experience who holds:
213	213	(A) no certification $45,000;
214	214	(B) a teacher intern, teacher trainee, or
215	215	probationary certificate issued under Subchapter B, Chapter
216	216	21 $47,000;
217	217	(C) the base certificate required under Section
218	218	21.003(a) for employment in the employee's position other than a
219	219	certificate described by Paragraph (B) $50,000; or
220	220	(D) any certificate described under this
221	221	subsection and a designation under Section 21.3521 $53,000; or
222	222	(3) for an employee with at least 10 years of
223	223	experience who holds:
224	224	(A) no certification $55,000;
225	225	(B) a teacher intern, teacher trainee, or
226	226	probationary certificate issued under Subchapter B, Chapter
227	227	21 $57,000;
228	228	(C) the base certificate required under Section
229	229	21.003(a) for employment in the employee's position $60,000; or
230	230	(D) any certificate described under this
231	231	subsection and a designation under Section 21.3521 . . . $63,000
232	232	[in addition to other factors, as determined by commissioner rule,
233	233	determined by the following formula:
234	234	[MS = SF x FS
235	235	[where:
236	236	["MS" is the minimum monthly salary;
237	237	["SF" is the applicable salary factor specified by Subsection
238	238	(c); and
239	239	["FS" is the amount, as determined by the commissioner under
240	240	Subsection (b), of the basic allotment as provided by Section
241	241	48.051(a) or (b) for a school district with a maintenance and
242	242	operations tax rate at least equal to the state maximum compressed
243	243	tax rate, as defined by Section 48.051(a)].
244	244	(a-1) For purposes of Subsection (a), a full-time school
245	245	nurse is considered to hold the base certificate required under
246	246	Section 21.003(a) for employment as a school nurse, regardless of
247	247	the other certifications held by the nurse.
248	248	(c-2) A school district is not required to pay an employee
249	249	who is employed as a classroom teacher, full-time librarian,
250	250	full-time school counselor certified under Subchapter B, or a
251	251	full-time school nurse the minimum salary required under Subsection
252	252	(a) for the school year following a school year during which the
253	253	district reviews the employee's performance and finds the
254	254	employee's performance unsatisfactory.
255	255	(g) The commissioner may adopt rules to govern the
256	256	application of this section, including rules that:
257	257	(1) require the payment of a minimum salary under this
258	258	section to a person employed in more than one capacity for which a
259	259	minimum salary is provided and whose combined employment in those
260	260	capacities constitutes full-time employment; and
261	261	(2) specify the credentials a person must hold to be
262	262	considered a [speech pathologist or] school nurse under this
263	263	section.
264	264	(i) A school district or open-enrollment charter school
265	265	must use at least 50 percent of the difference between what the
266	266	district or school would have paid under Section 825.405,
267	267	Government Code, based on the salaries paid under this section as it
268	268	existed on January 1, 2023, and what the district or school pays
269	269	under Section 825.405, Government Code, based on the salaries paid
270	270	under this section as it exists after September 1, 2023, to increase
271	271	the average total compensation per district or school employee
272	272	employed as a classroom teacher, full-time librarian, full-time
273	273	school counselor certified under Subchapter B, Chapter 21, or a
274	274	full-time school nurse. In calculating average total compensation
275	275	per district or school employee under this subsection, a district
276	276	or school may not include compensation paid to a classroom teacher,
277	277	full-time librarian, full-time school counselor certified under
278	278	Subchapter B, or full-time school nurse in a position added by the
279	279	school district for the current school year that increases the
280	280	ratio of those employees to enrolled students over the ratio of
281	281	those employees to enrolled students for the preceding year.
282	282	(j) A school district that increases employee compensation
283	283	in the 2023-2024 school year to comply with Subsection (a), as
284	284	amended by __.B. ____, Acts of the 88th Legislature, Regular
285	285	Session, 2023, is providing compensation for services rendered
286	286	independently of an existing employment contract applicable to that
287	287	year and is not in violation of Section 53, Article III, Texas
288	288	Constitution. A school district that does not meet the
289	289	requirements of Subsection (a) in the 2023-2024 school year may
290	290	satisfy the requirements of this section by providing an employee a
291	291	one-time bonus payment during the 2024-2025 school year in an
292	292	amount equal to the difference between the compensation earned by
293	293	the employee during the 2023-2024 school year and the compensation
294	294	the employee should have received during that school year if the
295	295	district had complied with Subsection (a).
296	296	(k) Notwithstanding the minimum annual salary schedule
297	297	under Subsection (a), a school district that increases the amount a
298	298	classroom teacher, full-time librarian, full-time school counselor
299	299	certified under Subchapter B, or a full-time school nurse is
300	300	compensated during the 2023-2024 school year by at least $8,000
301	301	more than the amount the employee was compensated during the
302	302	2022-2023 school year complies with the requirements of this
303	303	section for the 2023-2024 school year.
304	304	(l) Subsections (i), (j), and (k) and this subsection expire
305	305	September 1, 2025.
306	306	SECTION 9. The heading to Section 21.403, Education Code,
307	307	is amended to read as follows:
308	308	Sec. 21.403. DETERMINATION OF YEARS OF EXPERIENCE
309	309	[PLACEMENT ON MINIMUM SALARY SCHEDULE].
310	310	SECTION 10. Sections 21.403(b) and (c), Education Code, are
311	311	amended to read as follows:
312	312	(b) For each year of work experience required for
313	313	certification in a career or technological field, up to a maximum of
314	314	two years, a certified career or technology education teacher is
315	315	entitled to [salary step] credit as if the work experience were
316	316	teaching experience.
317	317	(c) The commissioner shall adopt rules for determining the
318	318	experience for which a teacher, librarian, school counselor, or
319	319	nurse is to be given credit for purposes of the minimum salary
320	320	schedule under Section 21.402(a) [in placing the teacher,
321	321	librarian, school counselor, or nurse on the minimum salary
322	322	schedule]. A district shall credit the teacher, librarian, school
323	323	counselor, or nurse for each year of experience without regard to
324	324	whether the years are consecutive.
325	325	SECTION 11. Subchapter I, Chapter 21, Education Code, is
326	326	amended by adding Section 21.416 to read as follows:
327	327	Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
328	328	PROGRAM. (a) From funds appropriated or otherwise available, the
329	329	commissioner shall establish and administer a grant program to
330	330	award funds to reimburse a school district or open-enrollment
331	331	charter school that hires a teacher who retired before September 1,
332	332	2022, for the increased contributions to the Teacher Retirement
333	333	System associated with hiring the retired teacher.
334	334	(b) In appropriating money for grants awarded under this
335	335	section, the legislature may provide for, modify, or limit amounts
336	336	appropriated for that purpose in the General Appropriations Act,
337	337	including by:
338	338	(1) providing, notwithstanding Subsection (a), a date
339	339	or date range other than September 1, 2022, before which a teacher
340	340	must have retired for a school district or open-enrollment charter
341	341	school that hires the teacher to be eligible; or
342	342	(2) limiting eligibility to a school district or
343	343	open-enrollment charter school that hires a retired teacher:
344	344	(A) who holds a certain certification;
345	345	(B) to teach a certain subject or grade;
346	346	(C) in a certain geographical area; or
347	347	(D) to provide instruction to certain students,
348	348	including to students with disabilities.
349	349	(c) The commissioner shall proportionally reduce the amount
350	350	of funds awarded to school districts and open-enrollment charter
351	351	schools under this section if the number of grant applications by
352	352	eligible districts or schools exceeds the number of grants the
353	353	commissioner could award with the money appropriated or otherwise
354	354	available for the purpose.
355	355	(d) A school district or open-enrollment charter school may
356	356	use funds received under this section to make required payments
357	357	under Section 825.4092, Government Code.
358	358	SECTION 12. Section 21.4552(d), Education Code, is amended
359	359	to read as follows:
360	360	(d) From funds appropriated for that purpose, a teacher who
361	361	attends a literacy achievement academy is entitled to receive a
362	362	stipend in the amount determined by the commissioner. A stipend
363	363	received under this subsection is not considered in determining
364	364	whether a school district is paying the teacher the minimum
365	365	[monthly] salary under Section 21.402.
366	366	SECTION 13. Section 21.4553(d), Education Code, is amended
367	367	to read as follows:
368	368	(d) From funds appropriated for that purpose, a teacher who
369	369	attends a mathematics achievement academy is entitled to receive a
370	370	stipend in the amount determined by the commissioner. A stipend
371	371	received under this subsection is not considered in determining
372	372	whether a district is paying the teacher the minimum [monthly]
373	373	salary under Section 21.402.
374	374	SECTION 14. Section 21.4555(f), Education Code, is amended
375	375	to read as follows:
376	376	(f) From funds available for that purpose, a teacher who
377	377	attends a civics training program may receive a stipend in an amount
378	378	determined by the commissioner. A stipend received under this
379	379	section is not included in determining whether a district is paying
380	380	the teacher the minimum [monthly] salary under Section 21.402.
381	381	SECTION 15. Subchapter J, Chapter 21, Education Code, is
382	382	amended by adding Sections 21.466, 21.467, and 21.468 to read as
383	383	follows:
384	384	Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
385	385	appropriated or otherwise available for the purpose, the agency
386	386	shall develop training for and provide technical assistance to
387	387	school districts and open-enrollment charter schools regarding:
388	388	(1) strategic compensation, staffing, and scheduling
389	389	efforts that improve professional growth, teacher leadership
390	390	opportunities, and staff retention;
391	391	(2) programs that encourage high school students or
392	392	other members of the community in the area served by the district to
393	393	become teachers, including available teacher apprenticeship
394	394	programs; and
395	395	(3) programs or strategies that school leaders may use
396	396	to establish clear and attainable behavior expectations while
397	397	proactively supporting students.
398	398	(b) From funds appropriated or otherwise available, the
399	399	agency shall provide grants to school districts and open-enrollment
400	400	charter schools to implement initiatives developed under this
401	401	section.
402	402	Sec. 21.467. TEACHER TIME STUDY. (a) From funds
403	403	appropriated or otherwise available for the purpose, the agency
404	404	shall develop and maintain a technical assistance program to
405	405	support school districts and open-enrollment charter schools in:
406	406	(1) studying how the district's or school's staff and
407	407	student schedules, required noninstructional duties for classroom
408	408	teachers, and professional development requirements for educators
409	409	are affecting the amount of time classroom teachers work each week;
410	410	and
411	411	(2) refining the schedules for students or staff as
412	412	necessary to ensure teachers have sufficient time during normal
413	413	work hours to fulfill all job duties, including addressing the
414	414	needs of students.
415	415	(b) The agency shall periodically make findings and
416	416	recommendations for best practices publicly available using
417	417	information from participating school districts and
418	418	open-enrollment charter schools.
419	419	Sec. 21.468. ADDITIONAL UNCOMPENSATED TRAINING PROHIBITED;
420	420	EXCEPTIONS. Notwithstanding any other law, a classroom teacher may
421	421	not be required to complete hours of a continuing education or other
422	422	training in a school year in excess of the hours required of
423	423	classroom teachers per school year as of January 1, 2023. A school
424	424	district or open-enrollment charter school may not suspend or
425	425	terminate the employment of a teacher or take other adverse
426	426	employment action against the teacher based on the teacher's
427	427	refusal to complete additional hours of continuing education or
428	428	training in excess of the hours required of classroom teachers on
429	429	January 1, 2023, unless:
430	430	(1) the teacher:
431	431	(A) is compensated for time spent completing the
432	432	additional education or training; and
433	433	(B) is not required to complete the additional
434	434	education or training while participating in a local professional
435	435	development activity provided for a purpose other than the
436	436	education or training; or
437	437	(2) the hours of additional education or training is
438	438	offset by the elimination of the same or a greater number of
439	439	required education or training hours in the following school year.
440	440	SECTION 16. Chapter 21, Education Code, is amended by
441	441	adding Subchapter R to read as follows:
442	442	SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
443	443	Sec. 21.901. DEFINITIONS. In this subchapter:
444	444	(1) "Board" means the State Board for Educator
445	445	Certification.
446	446	(2) "Mentor teacher" means a classroom teacher who:
447	447	(A) meets the qualifications for assignment as a
448	448	mentor under Section 21.458; and
449	449	(B) is employed by a school district or
450	450	open-enrollment charter school participating in a partnership
451	451	program under this subchapter and paired with a partnership
452	452	resident at the district or school.
453	453	(3) "Partnership program" means a Texas Teacher
454	454	Residency Partnership Program established at a school district or
455	455	open-enrollment charter school in accordance with this subchapter.
456	456	(4) "Partnership resident" means a person enrolled in
457	457	a qualified educator preparation program participating in a
458	458	partnership program as a candidate for educator certification.
459	459	(5) "Qualified educator preparation program" means an
460	460	educator preparation program approved by the board in accordance
461	461	with rules proposed under Section 21.903.
462	462	Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
463	463	The commissioner shall establish the Texas Teacher Residency
464	464	Partnership Program to enable qualified educator preparation
465	465	programs to form partnerships with school districts or
466	466	open-enrollment charter schools to provide residency positions to
467	467	partnership residents at the district or school.
468	468	(b) The partnership program must be designed to:
469	469	(1) allow partnership residents to receive
470	470	field-based experience working with classroom teachers in
471	471	prekindergarten through grade 12 classrooms; and
472	472	(2) gradually increase the amount of time a
473	473	partnership resident spends engaging in instructional
474	474	responsibilities, including observation, co-teaching, and
475	475	lead-teaching responsibilities.
476	476	Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
477	477	board shall propose rules specifying the requirements for board
478	478	approval of an educator preparation program as a qualified educator
479	479	preparation program for purposes of this subchapter. The rules
480	480	must require an educator preparation program to:
481	481	(1) use research-based best practices for recruiting
482	482	and admitting candidates into the educator preparation program to
483	483	participate in the partnership program;
484	484	(2) integrate curriculum, classroom practice, and
485	485	formal observation and feedback;
486	486	(3) use multiple assessments to measure a partnership
487	487	resident's progress in the partnership program; and
488	488	(4) ensure a school district or open-enrollment
489	489	charter school with which an educator preparation program partners
490	490	under this subchapter meets the requirements for participating
491	491	districts and schools under Section 21.904.
492	492	Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
493	493	SCHOOLS. (a) A school district or open-enrollment charter school
494	494	participating in the partnership program shall:
495	495	(1) enter into a written agreement with a qualified
496	496	educator preparation program to:
497	497	(A) provide a partnership resident with at least
498	498	one school year of clinical teaching in a residency position at the
499	499	district or school in the subject area and grade level for which the
500	500	resident seeks certification; and
501	501	(B) pair the partnership resident with a mentor
502	502	teacher;
503	503	(2) only use money received under Section 48.157 to:
504	504	(A) implement the partnership program; and
505	505	(B) provide compensation to:
506	506	(i) partnership residents in residency
507	507	positions at the district or school; and
508	508	(ii) mentor teachers who are paired with
509	509	partnership residents at the district or school;
510	510	(3) pay at least 50 percent of the compensation paid to
511	511	partnership residents using money other than money received under
512	512	Section 48.157; and
513	513	(4) provide any information required by the agency
514	514	regarding the district's or school's implementation of the program.
515	515	(b) A school district or open-enrollment charter school may
516	516	only pair a partnership resident with a mentor teacher who agrees to
517	517	participate in that role in a partnership program at the district or
518	518	school partnership program.
519	519	(c) A partnership resident may not serve as a teacher of
520	520	record, as that term is defined by Section 21.051.
521	521	Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
522	522	shall propose rules specifying the requirements for the issuance of
523	523	a residency educator certificate to a partnership resident who has
524	524	successfully completed the program. The rules may not require the
525	525	resident to pass a pedagogy examination unless the examination
526	526	tests subject-specific content appropriate for the grade and
527	527	subject area for which the candidate seeks certification.
528	528	Sec. 21.906. AGENCY SUPPORT. The agency shall provide
529	529	technical assistance, planning, and support to school districts,
530	530	open-enrollment charter schools, and qualified educator
531	531	preparation programs, which must include:
532	532	(1) providing model forms and agreements a district,
533	533	school, or educator preparation program may use to comply with the
534	534	requirements of this subchapter; and
535	535	(2) support for district and school strategic staffing
536	536	and compensation models to incentivize participation in a
537	537	partnership program.
538	538	Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
539	539	commissioner may solicit and accept gifts, grants, and donations
540	540	from public and private entities to use for the purposes of this
541	541	subchapter.
542	542	Sec. 21.908. RULES; NEGOTIATED RULEMAKING. (a) The board
543	543	shall propose rules necessary to implement this subchapter,
544	544	including, subject to Subsection (b), rules under Sections 21.903
545	545	and 21.905.
546	546	(b) Before the board submits to the State Board of Education
547	547	for approval under Section 21.042 any proposed rule related to the
548	548	implementation of Section 21.903 or 21.905, the board must use
549	549	negotiated rulemaking procedures under Chapter 2008, Government
550	550	Code, including the appointment to a negotiated rulemaking
551	551	committee of persons representing institutions of higher
552	552	education, as defined by Section 61.003.
553	553	(c) The commissioner shall adopt rules as necessary to
554	554	implement this subchapter after considering the recommendations of
555	555	the negotiated rulemaking committee appointed under Subsection
556	556	(b).
557	557	SECTION 17. Section 29.153(b), Education Code, is amended
558	558	to read as follows:
559	559	(b) A child is eligible for enrollment in a prekindergarten
560	560	class under this section if the child is at least three years of age
561	561	and:
562	562	(1) is unable to speak and comprehend the English
563	563	language;
564	564	(2) is educationally disadvantaged;
565	565	(3) is homeless, regardless of the residence of the
566	566	child, of either parent of the child, or of the child's guardian or
567	567	other person having lawful control of the child;
568	568	(4) is the child of an active duty member of the armed
569	569	forces of the United States, including the state military forces or
570	570	a reserve component of the armed forces, who is ordered to active
571	571	duty by proper authority;
572	572	(5) is the child of a member of the armed forces of the
573	573	United States, including the state military forces or a reserve
574	574	component of the armed forces, who was injured or killed while
575	575	serving on active duty;
576	576	(6) is or ever has been in:
577	577	(A) the conservatorship of the Department of
578	578	Family and Protective Services following an adversary hearing held
579	579	as provided by Section 262.201, Family Code; or
580	580	(B) foster care in another state or territory, if
581	581	the child resides in this state; [or]
582	582	(7) is the child of a person eligible for the Star of
583	583	Texas Award as:
584	584	(A) a peace officer under Section 3106.002,
585	585	Government Code;
586	586	(B) a firefighter under Section 3106.003,
587	587	Government Code; or
588	588	(C) an emergency medical first responder under
589	589	Section 3106.004, Government Code; or
590	590	(8) is the child of a person employed as a classroom
591	591	teacher at a public primary or secondary school in the school
592	592	district that offers a prekindergarten class under this section.
593	593	SECTION 18. Section 30.102(b), Education Code, is amended
594	594	to read as follows:
595	595	(b) A classroom teacher, full-time librarian, full-time
596	596	school counselor certified under Subchapter B, Chapter 21, or
597	597	full-time school nurse employed by the department is entitled to
598	598	receive as a minimum salary the [monthly] salary specified by
599	599	Section 21.402. A classroom teacher, full-time librarian,
600	600	full-time school counselor, or full-time school nurse may be paid,
601	601	from funds appropriated to the department, a salary in excess of the
602	602	minimum specified by that section, but the salary may not exceed the
603	603	rate of pay for a similar position in the public schools of an
604	604	adjacent school district.
605	605	SECTION 19. Section 33.009(h), Education Code, is amended
606	606	to read as follows:
607	607	(h) From funds appropriated for that purpose, a school
608	608	counselor who attends the academy under this section is entitled to
609	609	receive a stipend in the amount determined by the coordinating
610	610	board. If funds are available after all eligible school counselors
611	611	have received a stipend under this subsection, the coordinating
612	612	board shall pay a stipend in the amount determined by the
613	613	coordinating board to a teacher who attends the academy under this
614	614	section. A stipend received under this subsection is not
615	615	considered in determining whether a district is paying the school
616	616	counselor or teacher the minimum [monthly] salary under Section
617	617	21.402.
618	618	SECTION 20. Section 48.051, Education Code, is amended by
619	619	amending Subsections (a) and (c) and adding Subsections (c-3) and
620	620	(c-4) to read as follows:
621	621	(a) For each student in average daily attendance, not
622	622	including the time students spend each day in special education
623	623	programs in an instructional arrangement other than mainstream or
624	624	career and technology education programs, for which an additional
625	625	allotment is made under Subchapter C, a district is entitled to an
626	626	allotment equal to [the lesser of $6,160 or] the amount that results
627	627	from the following formula:
628	628	A = B [$6,160] X TR/MCR
629	629	where:
630	630	"A" is the allotment to which a district is entitled;
631	631	"B" is the base amount, which equals the greater of:
632	632	(1) $6,210;
633	633	(2) an amount equal to the district's base amount under
634	634	this section for the preceding school year; or
635	635	(3) the amount appropriated under Subsection (b);
636	636	"TR" is the district's tier one maintenance and operations
637	637	tax rate, as provided by Section 45.0032; and
638	638	"MCR" is the district's maximum compressed tax rate, as
639	639	determined under Section 48.2551.
640	640	(c) During any school year for which the value of "A"
641	641	determined [maximum amount of the basic allotment provided] under
642	642	Subsection (a) [or (b)] is greater than the value of "A" [maximum
643	643	amount provided] for the preceding school year, a school district
644	644	must use at least 50 [30] percent of the amount[, if the amount is
645	645	greater than zero,] that equals the product of the average daily
646	646	attendance of the district multiplied by the difference in the
647	647	value of "A" [amount of the difference between the district's
648	648	funding under this chapter per student in average daily attendance]
649	649	for the current school year and the value of "A" for the preceding
650	650	school year to increase the average total compensation per employee
651	651	employed by the district as [provide compensation increases to
652	652	full-time district employees other than administrators as follows:
653	653	[(1) 75 percent must be used to increase the
654	654	compensation paid to] classroom teachers, full-time librarians,
655	655	full-time school counselors certified under Subchapter B, Chapter
656	656	21, and full-time school nurses [, prioritizing differentiated
657	657	compensation for classroom teachers with more than five years of
658	658	experience; and
659	659	[(2) 25 percent may be used as determined by the
660	660	district to increase compensation paid to full-time district
661	661	employees]. In calculating average total compensation per employee
662	662	under this subsection, a school district may not consider
663	663	compensation paid to a district employee employed in a position
664	664	described by this subsection added by the school district for the
665	665	current school year that increases the ratio of those employees to
666	666	the students enrolled in the district compared to the preceding
667	667	school year.
668	668	(c-3) If a school district increases employee compensation
669	669	in a school year to comply with Subsection (c), as amended by
670	670	__.B. ____, Acts of the 88th Legislature, Regular Session, 2023,
671	671	the district is providing compensation for services rendered
672	672	independently of an existing employment contract applicable to that
673	673	year and is not a violation of Section 53, Article III, Texas
674	674	Constitution.
675	675	(c-4) A school district that does not meet the requirements
676	676	of Subsection (c) during a school year may satisfy the requirements
677	677	of this section by providing an employee a one-time bonus payment
678	678	during the following school year in an amount equal to the
679	679	difference between the compensation earned by the employee and the
680	680	compensation the employee should have received during the school
681	681	year if the district had complied with Subsection (c).
682	682	SECTION 21. Section 48.101, Education Code, is amended to
683	683	read as follows:
684	684	Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
685	685	Small and mid-sized districts are entitled to an annual allotment
686	686	in accordance with this section. In this section:
687	687	(1) "AA" is the district's annual allotment per
688	688	student in average enrollment [daily attendance];
689	689	(2) "E" ["ADA"] is the average number of students
690	690	enrolled in the school district [in average daily attendance for
691	691	which the district is entitled to an allotment under Section
692	692	48.051]; and
693	693	(3) "BA" is the basic allotment determined for a
694	694	student in average daily attendance under Section 48.051.
695	695	(b) A school district that has fewer than 1,600 students in
696	696	average enrollment [daily attendance] is entitled to an annual
697	697	allotment for each enrolled student [in average daily attendance]
698	698	based on the following formula:
699	699	AA = ((1,600 - E [ADA]) X ________[.0004]) X BA
700	700	(c) A school district that offers a kindergarten through
701	701	grade 12 program and has less than 5,000 students in average
702	702	enrollment [daily attendance] is entitled to an annual allotment
703	703	for each enrolled student [in average daily attendance] based on
704	704	the formula, of the following formulas, that results in the
705	705	greatest annual allotment:
706	706	(1) the formula in Subsection (b), if the district is
707	707	eligible for that formula; or
708	708	(2) AA = ((5,000 - E [ADA]) X ________[.000025]) X BA.
709	709	(d) Instead of the allotment under Subsection (b) or (c)(1),
710	710	a school district that has fewer than 300 students in average
711	711	enrollment [daily attendance] and is the only school district
712	712	located in and operating in a county is entitled to an annual
713	713	allotment for each enrolled student [in average daily attendance]
714	714	based on the following formula:
715	715	AA = ((1,600 - E [ADA]) X ________[.00047]) X BA
716	716	SECTION 22. Sections 48.112(c) and (d), Education Code, are
717	717	amended to read as follows:
718	718	(c) For each classroom teacher with a teacher designation
719	719	under Section 21.3521 employed by a school district, the school
720	720	district is entitled to an allotment equal to the following
721	721	applicable base amount increased by the high needs and rural factor
722	722	as determined under Subsection (d):
723	723	(1) $12,000, or an increased amount not to exceed
724	724	$36,000 [$32,000] as determined under Subsection (d), for each
725	725	master teacher;
726	726	(2) $9,000 [$6,000], or an increased amount not to
727	727	exceed $25,000 [$18,000] as determined under Subsection (d), for
728	728	each exemplary teacher; [and]
729	729	(3) $5,000 [$3,000], or an increased amount not to
730	730	exceed $15,000 [$9,000] as determined under Subsection (d), for
731	731	each recognized teacher; and
732	732	(4) $3,000, or an increased amount not to exceed
733	733	$9,000 as determined under Subsection (d), for each effective
734	734	teacher.
735	735	(d) The high needs and rural factor is determined by
736	736	multiplying the following applicable amounts by the average of the
737	737	point value assigned to each student at a district campus under
738	738	Subsection (e):
739	739	(1) $6,000 [$5,000] for each master teacher;
740	740	(2) $4,000 [$3,000] for each exemplary teacher; [and]
741	741	(3) $2,500 [$1,500] for each recognized teacher; and
742	742	(4) $1,500 for each effective teacher.
743	743	SECTION 23. Section 48.114, Education Code, is amended by
744	744	amending Subsection (a) and adding Subsection (d) to read as
745	745	follows:
746	746	(a) A school district [that has implemented a mentoring
747	747	program for classroom teachers who have less than two years of
748	748	teaching experience under Section 21.458] is entitled to an
749	749	allotment as determined under Subsection (b) to fund a [the]
750	750	mentoring program and to provide stipends for mentor teachers if:
751	751	(1) the district has implemented a mentoring program
752	752	for classroom teachers under Section 21.458; and
753	753	(2) the mentor teachers assigned under that program
754	754	complete a training program that is required or developed by the
755	755	agency for mentor teachers.
756	756	(d) A school district is entitled to an allotment of $2,000
757	757	for each classroom teacher with less than two years of experience
758	758	who participates in a mentoring program described by Subsection
759	759	(a). A district may receive an allotment under this section for no
760	760	more than 40 teachers during a school year unless an appropriation
761	761	is made for the purposes of providing a greater number of allotments
762	762	per district.
763	763	SECTION 24. Subchapter D, Chapter 48, Education Code, is
764	764	amended by adding Sections 48.157 and 48.158 to read as follows:
765	765	Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
766	766	section:
767	767	(1) "Partnership program" and "partnership resident"
768	768	have the meanings assigned by Section 21.901.
769	769	(2) "Rural campus" has the meaning assigned by Section
770	770	48.112.
771	771	(b) For each partnership resident employed at a district in
772	772	a residency position under Subchapter R, Chapter 21, the district
773	773	is entitled to an allotment equal to a base amount of $22,000
774	774	increased by the high needs and rural factor, as determined under
775	775	Subsection (c), to an amount not to exceed $42,000.
776	776	(c) The high needs and rural factor is determined by
777	777	multiplying $5,000 by the lesser of:
778	778	(1) the average of the point value assigned to each
779	779	student at a district campus under Section 48.112(d); or
780	780	(2) 4.0.
781	781	(d) In addition to the funding under Subsection (b), a
782	782	district that qualifies for an allotment under this section is
783	783	entitled to an additional $2,000 for each partnership resident
784	784	employed in a residency position at the district who is a candidate
785	785	for special education certification.
786	786	(e) The Texas School for the Deaf and the Texas School for
787	787	the Blind and Visually Impaired are entitled to an allotment under
788	788	this section. If the commissioner determines that assigning point
789	789	values under Subsection (c) to students enrolled in the Texas
790	790	School for the Deaf or the Texas School for the Blind and Visually
791	791	Impaired is impractical, the commissioner may use the average point
792	792	value assigned for those students' home districts for purposes of
793	793	calculating the high needs and rural factor.
794	794	Sec. 48.158. FUNDING FOR CERTAIN CERTIFICATIONS. (a) A
795	795	school district is entitled to the cost of certification fees for
796	796	each classroom teacher who received a certification in special
797	797	education or bilingual education in the preceding school year.
798	798	From money received under this section, the district shall
799	799	reimburse each teacher who received a certification in special
800	800	education or bilingual education during the preceding school year
801	801	the cost of certification fees associated with that certification.
802	802	(b) Reimbursement received by a classroom teacher under
803	803	this section may not be considered when calculating the teacher's
804	804	salary for the purposes of Section 21.402.
805	805	SECTION 25. Subchapter F, Chapter 48, Education Code, is
806	806	amended by adding Section 48.280 to read as follows:
807	807	Sec. 48.280. SALARY TRANSITION ALLOTMENT. (a) In the
808	808	2023-2024 and 2024-2025 school years, a school district is entitled
809	809	to receive an annual salary transition allotment equal to the
810	810	difference, if that amount is greater than zero, between:
811	811	(1) the amount calculated under Subsection (b); and
812	812	(2) the amount calculated under Subsection (c).
813	813	(b) The agency shall calculate a school district's value for
814	814	Subsection (a)(1) by determining the difference in the amount the
815	815	district must pay in compensation to employees on the minimum
816	816	salary schedule under Section 21.402, as amended by __.B. ____,
817	817	Acts of the 88th Legislature, Regular Session, 2023, from the
818	818	amount paid in compensation to employees on the minimum salary
819	819	schedule under that section as effective in the 2022-2023 school
820	820	year, less the difference between:
821	821	(1) the amount of employer contributions under Section
822	822	825.4035, Government Code, and Section 1575.203, Insurance Code,
823	823	the district paid in the 2022-2023 school year for employees on the
824	824	minimum salary schedule under Section 21.402; and
825	825	(2) the amount the district would have paid in
826	826	employer contributions under Section 825.4035, Government Code,
827	827	and Section 1575.203, Insurance Code, in the 2022-2023 school year
828	828	for employees on the minimum salary schedule if the changes made to
829	829	Section 21.402 by __.B. ____, Acts of the 88th Legislature, Regular
830	830	Session, 2023, had been in effect.
831	831	(c) The agency shall calculate a school district's value for
832	832	Subsection (a)(2) by determining the total maintenance and
833	833	operations revenue for the current school year less the total
834	834	maintenance and operations revenue that would have been available
835	835	to the district using the basic allotment formula provided by
836	836	Section 48.051 and the small and mid-sized allotment formulas
837	837	provided by Section 48.101 as those sections existed on January 1,
838	838	2023.
839	839	(d) Before making a final determination of the amount of an
840	840	allotment to which a school district is entitled under this
841	841	section, the agency shall ensure each school district has an
842	842	opportunity to review and submit revised information to the agency
843	843	for purposes of calculating the values under Subsection (a).
844	844	(e) A school district is entitled to an allotment in an
845	845	amount equal to:
846	846	(1) for the 2026-2027 school year, two-thirds of the
847	847	value determined under Subsection (a); and
848	848	(2) for the 2027-2028 school year, one-third of the
849	849	value determined under Subsection (a).
850	850	(f) A school district is not entitled to an allotment under
851	851	this section in the 2028-2029 school year or a later school year.
852	852	(g) This section expires September 1, 2029.
853	853	SECTION 26. The following provisions are repealed:
854	854	(1) Section 21.042, Education Code;
855	855	(2) Sections 21.402(b), (c), (c-1), (f), and (h),
856	856	Education Code;
857	857	(3) Sections 21.403(a) and (d), Education Code;
858	858	(4) Section 48.114(b), Education Code;
859	859	(5) Subchapter Q, Chapter 21, Education Code; and
860	860	(6) Section 825.4092(f), Government Code, as added by
861	861	Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
862	862	Session, 2021.
863	863	SECTION 27. Section 21.3521, Education Code, as amended by
864	864	this Act, does not affect a teacher designation made under that
865	865	section before the effective date of this Act. A teacher
866	866	designation made under Section 21.3521, Education Code, and funding
867	867	provided to a school district under Section 48.112, Education Code,
868	868	for a teacher with that designation before the effective date of
869	869	this Act are governed by the law in effect on the date the
870	870	designation was made, and the former law is continued in effect for
871	871	that purpose.
872	872	SECTION 28. (a) Except as provided by Subsection (b) of
873	873	this section, this Act takes effect immediately if this Act
874	874	receives a vote of two-thirds of all the members elected to each
875	875	house, as provided by Section 39, Article III, Texas Constitution.
876	876	If this Act does not receive the vote necessary for immediate
877	877	effect, the entirety of this Act takes effect September 1, 2023.
878	878	(b) Sections 48.051, 48.101, 48.112(c) and (d), and 48.114,
879	879	Education Code, as amended by this Act, and Sections 48.157,
880	880	48.158, and 48.280, Education Code, as added by this Act, take
881	881	effect September 1, 2023.