88R8667 JES-F
By: Creighton, et al. S.B. No. 9
A BILL TO BE ENTITLED
AN ACT
relating to the rights, certification, and compensation of public
school educators and assistance provided to public schools by the
Texas Education Agency related to public school educators and to
certain allotments under the Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.1513, Education Code, is amended by
adding Subsection (l) to read as follows:
(l) The employment policy must provide that:
(1) before the beginning of each school year, the
district shall provide a duty calendar for certain professional
staff as required by Section 11.15131; and
(2) for purposes of determining the amount of a
reduction in the salary of a classroom teacher, full-time
counselor, or full-time librarian for unpaid leave, the employee's
daily rate of pay is computed by dividing the employee's annual
salary by the number of days the employee is expected to work for
that school year as provided by the district's duty calendar
adopted under Section 11.15131.
SECTION 2. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.15131 to read as follows:
Sec. 11.15131. DUTY CALENDAR FOR CERTAIN PROFESSIONAL
STAFF. (a) In this section, "supplemental duty" means a duty other
than a duty assigned under an employee's contract that is generally
expected to be performed during an instructional day and which may
be governed by an agreement, other than the employee's contract,
between the district and the employee.
(b) Not later than the 15th day before the first
instructional day of each school year, the board of trustees of a
school district shall adopt and provide to each classroom teacher,
full-time counselor, and full-time librarian employed by the
district a calendar that specifies the days each employee is
expected to work for that school year, including the days on which
the employee is expected to perform supplemental duties for more
than 30 minutes outside of the instructional day.
SECTION 3. Section 21.105, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher
employed under a probationary contract who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a probationary contract and leaves
the employment of the district after the 45th day before the first
day of instruction for the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b), if the teacher's failure to comply with
Subsection (a) was due to:
(1) the teacher, or a close family member of the
teacher, developing a serious illness or experiencing a significant
change in health condition;
(2) the teacher relocating because the teacher's
spouse or a partner who resides with the teacher changes employers;
(3) the needs of the teacher's family changing
significantly in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher reasonably believing that the teacher
received written permission from the school district to resign.
SECTION 4. Section 21.160, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher who
is employed under a continuing contract that obligates the district
to employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a continuing contract and leaves the
employment of the district after the 45th day before the first day
of instruction of the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b), if the teacher's failure to comply with
Subsection (a) was due to:
(1) the teacher, or a close family member of the
teacher, developing a serious illness or experiencing a significant
change in health condition;
(2) the teacher relocating because the teacher's
spouse or a partner who resides with the teacher changes employers;
(3) the needs of the teacher's family changing
significantly in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher reasonably believing that the teacher
received written permission from the school district to resign.
SECTION 5. Section 21.210, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher who
is employed under a term contract that obligates the district to
employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a term contract and leaves the
employment of the district after the 45th day before the first day
of instruction of the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b), if the teacher's failure to comply with
Subsection (a) was due to:
(1) the teacher, or a close family member of the
teacher, developing a serious illness or experiencing a significant
change in health condition;
(2) the teacher relocating because the teacher's
spouse or a partner who resides with the teacher changes employers;
(3) the needs of the teacher's family changing
significantly in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher reasonably believing that the teacher
received written permission from the school district to resign.
SECTION 6. Section 21.257, Education Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) Except as provided by Subsection (f), not [Not] later
than the 60th day after the date on which the commissioner receives
a teacher's written request for a hearing, the hearing examiner
shall complete the hearing and make a written recommendation that:
(1) includes proposed findings of fact and conclusions
of law; and
(2) may include a proposal for granting relief.
(f) The hearing examiner may dismiss a hearing before
completing the hearing or making a written recommendation if:
(1) the teacher requests the dismissal;
(2) the school district withdraws the proposed
decision that is the basis of the hearing; or
(3) the teacher and school district request the
dismissal after reaching a settlement regarding the proposed
decision that is the basis of the hearing.
SECTION 7. Sections 21.3521(a), (c), and (e), Education
Code, are amended to read as follows:
(a) Subject to Subsection (b), a school district or
open-enrollment charter school may designate a classroom teacher as
a master, exemplary, [or] recognized, or accomplished teacher for a
five-year period based on the results from single year or multiyear
appraisals that comply with Section 21.351 or 21.352.
(c) Notwithstanding performance standards established
under Subsection (b), a classroom teacher that holds a National
Board Certification issued by the National Board for Professional
Teaching Standards may be designated as a master teacher
[recognized].
(e) The agency shall develop and provide technical
assistance for school districts and open-enrollment charter
schools that request assistance in implementing a local optional
teacher designation system, including:
(1) providing assistance in prioritizing high needs
campuses;
(2) providing examples of local optional teacher
designation systems; and
(3) applying the performance and validity standards
established by the commissioner under Subsection (b).
SECTION 8. Subchapter I, Chapter 21, Education Code, is
amended by adding Sections 21.416 and 21.417 to read as follows:
Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
PROGRAM. (a) From funds appropriated or otherwise available, the
commissioner shall establish and administer a grant program to
award funds to reimburse a school district or open-enrollment
charter school that hires a teacher who retired before September 1,
2022, for the increased contributions to the Teacher Retirement
System associated with hiring the retired teacher.
(b) In appropriating money for grants awarded under this
section, the legislature may provide for, modify, or limit amounts
appropriated for that purpose in the General Appropriations Act,
including by:
(1) providing, notwithstanding Subsection (a), a date
or date range other than September 1, 2022, before which a teacher
must have retired for a school district or open-enrollment charter
school that hires the teacher to be eligible; or
(2) limiting eligibility to a school district or
open-enrollment charter school that hires a retired teacher:
(A) who holds a certain certification;
(B) to teach a certain subject or grade;
(C) in a certain geographical area; or
(D) to provide instruction to certain students,
including to students with disabilities.
(c) The commissioner shall proportionally reduce the amount
of funds awarded to school districts and open-enrollment charter
schools under this section if the number of grant applications by
eligible districts or schools exceeds the number of grants the
commissioner could award with the money appropriated or otherwise
available for the purpose.
(d) A school district or open-enrollment charter school may
use funds received under this section to make required payments
under Section 825.4092, Government Code.
Sec. 21.417. SALARY INCREASE FOR CLASSROOM TEACHERS. (a)
Notwithstanding any other law, each public school classroom teacher
in this state is entitled to a salary increase in the 2023-2024
school year equal to:
(1) at least $___________; and
(2) if the classroom teacher is employed by a school
district with fewer than 20,000 enrolled students, an additional
increase equal to $___________.
(b) This section expires September 1, 2025.
SECTION 9. Subchapter J, Chapter 21, Education Code, is
amended by adding Sections 21.466 and 21.467 to read as follows:
Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
appropriated or otherwise available for the purpose, the agency
shall develop training for and provide technical assistance to
school districts and open-enrollment charter schools regarding:
(1) strategic compensation, staffing, and scheduling
efforts that improve professional growth, teacher leadership
opportunities, and staff retention;
(2) programs that encourage high school students or
other members of the community in the area served by the district to
become teachers, including available teacher apprenticeship
programs; and
(3) programs or strategies that school leaders may use
to establish clear and attainable behavior expectations while
proactively supporting students.
(b) From funds appropriated or otherwise available, the
agency shall provide grants to school districts and open-enrollment
charter schools to implement initiatives developed under this
section.
Sec. 21.467. TEACHER TIME STUDY. (a) From funds
appropriated or otherwise available for the purpose, the agency
shall develop and maintain a technical assistance program to
support school districts and open-enrollment charter schools in:
(1) studying how the district's or school's staff and
student schedules, required noninstructional duties for classroom
teachers, and professional development requirements for educators
are affecting the amount of time classroom teachers work each week;
and
(2) refining the schedules for students or staff as
necessary to ensure teachers have sufficient time during normal
work hours to fulfill all job duties, including addressing the
needs of students.
(b) The agency shall periodically make findings and
recommendations for best practices publicly available using
information from participating school districts and
open-enrollment charter schools.
SECTION 10. Chapter 21, Education Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
Sec. 21.901. DEFINITIONS. In this subchapter:
(1) "Board" means the State Board for Educator
Certification.
(2) "Mentor teacher" means a classroom teacher who:
(A) meets the qualifications for assignment as a
mentor under Section 21.458; and
(B) is employed by a school district or
open-enrollment charter school participating in a partnership
program under this subchapter and paired with a partnership
resident at the district or school.
(3) "Partnership program" means a Texas Teacher
Residency Partnership Program established at a school district or
open-enrollment charter school in accordance with this subchapter.
(4) "Partnership resident" means a person enrolled in
a qualified educator preparation program participating in a
partnership program as a candidate for educator certification.
(5) "Qualified educator preparation program" means an
educator preparation program approved by the board in accordance
with rules proposed under Section 21.903.
Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
The commissioner shall establish the Texas Teacher Residency
Partnership Program to enable qualified educator preparation
programs to form partnerships with school districts or
open-enrollment charter schools to provide residency positions to
partnership residents at the district or school.
(b) The partnership program must be designed to:
(1) allow partnership residents to receive
field-based experience working with classroom teachers in
prekindergarten through grade 12 classrooms; and
(2) gradually increase the amount of time a
partnership resident spends engaging in instructional
responsibilities, including observation, co-teaching, and
lead-teaching responsibilities.
Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
board shall propose rules specifying the requirements for board
approval of an educator preparation program as a qualified educator
preparation program for purposes of this subchapter. The rules
must require an educator preparation program to:
(1) use research-based best practices for recruiting
and admitting candidates into the educator preparation program to
participate in the partnership program;
(2) integrate curriculum, classroom practice, and
formal observation and feedback;
(3) use multiple assessments to measure a partnership
resident's progress in the partnership program; and
(4) ensure a school district or open-enrollment
charter school with which an educator preparation program partners
under this subchapter meets the requirements for participating
districts and schools under Section 21.904.
Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
SCHOOLS. (a) A school district or open-enrollment charter school
participating in the partnership program shall:
(1) enter into a written agreement with a qualified
educator preparation program to:
(A) provide a partnership resident with at least
one school year of clinical teaching in a residency position at the
district or school in the subject area and grade level for which the
resident seeks certification; and
(B) pair the partnership resident with a mentor
teacher;
(2) only use money received under Section 48.157 to:
(A) implement the partnership program; and
(B) provide compensation to:
(i) partnership residents in residency
positions at the district or school; and
(ii) mentor teachers who are paired with
partnership residents at the district or school;
(3) pay at least 50 percent of the compensation paid to
partnership residents using money other than money received under
Section 48.157; and
(4) provide any information required by the agency
regarding the district's or school's implementation of the program.
(b) A school district or open-enrollment charter school may
only pair a partnership resident with a mentor teacher who agrees to
participate in that role in a partnership program at the district or
school partnership program.
(c) A partnership resident may not serve as a teacher of
record, as that term is defined by Section 21.051.
Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
shall propose rules specifying the requirements for the issuance of
a residency educator certificate to a partnership resident who has
successfully completed the program.
Sec. 21.906. AGENCY SUPPORT. The agency shall provide
technical assistance, planning, and support to school districts,
open-enrollment charter schools, and qualified educator
preparation programs, which must include:
(1) providing model forms and agreements a district,
school, or educator preparation program may use to comply with the
requirements of this subchapter; and
(2) support for district and school strategic staffing
and compensation models to incentivize participation in a
partnership program.
Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
commissioner may solicit and accept gifts, grants, and donations
from public and private entities to use for the purposes of this
subchapter.
Sec. 21.908. RULES; NEGOTIATED RULEMAKING. (a) The board
shall propose rules necessary to implement this subchapter,
including rules under Sections 21.903 and 21.905.
(b) The commissioner shall adopt rules as necessary to
implement this subchapter.
SECTION 11. Section 29.153(b), Education Code, is amended
to read as follows:
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is homeless, regardless of the residence of the
child, of either parent of the child, or of the child's guardian or
other person having lawful control of the child;
(4) is the child of an active duty member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who is ordered to active
duty by proper authority;
(5) is the child of a member of the armed forces of the
United States, including the state military forces or a reserve
component of the armed forces, who was injured or killed while
serving on active duty;
(6) is or ever has been in:
(A) the conservatorship of the Department of
Family and Protective Services following an adversary hearing held
as provided by Section 262.201, Family Code; or
(B) foster care in another state or territory, if
the child resides in this state; [or]
(7) is the child of a person eligible for the Star of
Texas Award as:
(A) a peace officer under Section 3106.002,
Government Code;
(B) a firefighter under Section 3106.003,
Government Code; or
(C) an emergency medical first responder under
Section 3106.004, Government Code; or
(8) is the child of a person employed as a classroom
teacher at a public primary or secondary school in the school
district that offers a prekindergarten class under this section.
SECTION 12. Sections 37.002(b), (c), and (d), Education
Code, are amended to read as follows:
(b) A teacher may remove from class a student who:
(1) interferes [who has been documented by the teacher
to repeatedly interfere] with the teacher's ability to communicate
effectively with the students in the class or with the ability of
the student's classmates to learn; [or]
(2) demonstrates [whose] behavior that is
disrespectful toward the teacher or another adult; or
(3) engages in conduct that constitutes bullying, as
defined by Section 37.0832 [determines is so unruly, disruptive, or
abusive that it seriously interferes with the teacher's ability to
communicate effectively with the students in the class or with the
ability of the student's classmates to learn].
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension, or into a
disciplinary alternative education program as provided by Section
37.008. The principal may not return the student to that teacher's
class without the teacher's written consent unless the committee
established under Section 37.003 determines that such placement is
the best or only alternative available. The principal may not
return the student to that teacher's class, regardless of the
teacher's consent, until a return to class plan has been prepared
for that student. The principal may only designate an employee of
the school whose primary duties do not include classroom
instruction to create a return to class plan. The terms of the
removal may prohibit the student from attending or participating in
school-sponsored or school-related activity.
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary alternative education
program or for expulsion, as appropriate, a student who engages in
conduct described under Section 37.006 or 37.007. The student may
not be returned to that teacher's class without the teacher's
written consent unless the committee established under Section
37.003 determines that such placement is the best or only
alternative available. If the teacher removed the student from
class because the student has engaged in the elements of any offense
listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or
(b)(2)(C) against the teacher, the student may not be returned to
the teacher's class without the teacher's consent. The teacher may
not be coerced to consent.
SECTION 13. Sections 48.112(c) and (d), Education Code, are
amended to read as follows:
(c) For each classroom teacher with a teacher designation
under Section 21.3521 employed by a school district, the school
district is entitled to an allotment equal to the following
applicable base amount increased by the high needs and rural factor
as determined under Subsection (d):
(1) $12,000, or an increased amount not to exceed
$36,000 [$32,000] as determined under Subsection (d), for each
master teacher;
(2) $9,000 [$6,000], or an increased amount not to
exceed $25,000 [$18,000] as determined under Subsection (d), for
each exemplary teacher; [and]
(3) $5,000 [$3,000], or an increased amount not to
exceed $15,000 [$9,000] as determined under Subsection (d), for
each recognized teacher; and
(4) $3,000, or an increased amount not to exceed
$9,000 as determined under Subsection (d), for each accomplished
teacher.
(d) The high needs and rural factor is determined by
multiplying the following applicable amounts by the average of the
point value assigned to each student at a district campus under
Subsection (e):
(1) $6,000 [$5,000] for each master teacher;
(2) $4,000 [$3,000] for each exemplary teacher; [and]
(3) $2,500 [$1,500] for each recognized teacher; and
(4) $1,500 for each accomplished teacher.
SECTION 14. Section 48.114, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A school district [that has implemented a mentoring
program for classroom teachers who have less than two years of
teaching experience under Section 21.458] is entitled to an
allotment as determined under Subsection (b) to fund a [the]
mentoring program and to provide stipends for mentor teachers if:
(1) the district has implemented a mentoring program
for classroom teachers under Section 21.458; and
(2) the mentor teachers assigned under that program
complete a training program that is required or developed by the
agency for mentor teachers.
(d) A school district is entitled to an allotment of $2,000
for each classroom teacher with less than two years of experience
who participates in a mentoring program described by Subsection
(a). A district may receive an allotment under this section for no
more than 40 teachers during a school year unless an appropriation
is made for the purposes of providing a greater number of allotments
per district.
SECTION 15. Subchapter D, Chapter 48, Education Code, is
amended by adding Sections 48.157 and 48.158 to read as follows:
Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
section:
(1) "Partnership program" and "partnership resident"
have the meanings assigned by Section 21.901.
(2) "Rural campus" has the meaning assigned by Section
48.112.
(b) For each partnership resident employed at a district in
a residency position under Subchapter R, Chapter 21, the district
is entitled to an allotment equal to a base amount of $22,000
increased by the high needs and rural factor, as determined under
Subsection (c), to an amount not to exceed $42,000.
(c) The high needs and rural factor is determined by
multiplying $5,000 by the lesser of:
(1) the average of the point value assigned to each
student at a district campus under Section 48.112(d); or
(2) 4.0.
(d) In addition to the funding under Subsection (b), a
district that qualifies for an allotment under this section is
entitled to an additional $2,000 for each partnership resident
employed in a residency position at the district who is a candidate
for special education certification.
(e) The Texas School for the Deaf and the Texas School for
the Blind and Visually Impaired are entitled to an allotment under
this section. If the commissioner determines that assigning point
values under Subsection (c) to students enrolled in the Texas
School for the Deaf or the Texas School for the Blind and Visually
Impaired is impractical, the commissioner may use the average point
value assigned for those students' home districts for purposes of
calculating the high needs and rural factor.
Sec. 48.158. FUNDING FOR CERTAIN CERTIFICATIONS. (a) A
school district is entitled to the cost of certification fees for
each classroom teacher who received a certification in special
education or bilingual education in the preceding school year. From
money received under this section, the district shall reimburse
each teacher who received a certification in special education or
bilingual education during the preceding school year the cost of
certification fees associated with that certification.
(b) Reimbursement received by a classroom teacher under
this section may not be considered when calculating the teacher's
salary for the purposes of Section 21.402.
SECTION 16. The following provisions are repealed:
(1) Section 21.042, Education Code;
(2) Subchapter Q, Chapter 21, Education Code;
(3) Section 37.002(e), Education Code;
(4) Section 48.114(b), Education Code; and
(5) Section 825.4092(f), Government Code, as added by
Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
Session, 2021.
SECTION 17. Section 21.257(f), Education Code, as added by
this Act, applies only to a hearing before a hearing examiner
commenced on or after the effective date of this Act.
SECTION 18. Section 21.3521, Education Code, as amended by
this Act, does not affect a teacher designation made under that
section before the effective date of this Act. A teacher
designation made under Section 21.3521, Education Code, and funding
provided to a school district under Section 48.112, Education Code,
for a teacher with that designation before the effective date of
this Act are governed by the law in effect on the date the
designation was made, and the former law is continued in effect for
that purpose.
SECTION 19. (a) Except as provided by Subsection (b) of this
section, this Act takes effect immediately if this Act receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, the
entirety of this Act takes effect September 1, 2023.
(b) Sections 48.112(c) and (d) and 48.114, Education Code,
as amended by this Act, and Sections 48.157 and 48.158, Education
Code, as added by this Act, take effect September 1, 2023.