Texas 2023 - 88th Regular

Texas Senate Bill SB9 Compare Versions

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1	1	88R28670 JES-F
2	2	By: Creighton, et al. S.B. No. 9
3	3	(Dutton)
4	4	Substitute the following for S.B. No. 9: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the rights and certification of public school
10	10	educators, including financial and other assistance and waivers
11	11	provided to public schools by the Texas Education Agency related to
12	12	public school educators, methods of instruction provided in public
13	13	schools, and certain allotments under the Foundation School
14	14	Program.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 11.1513, Education Code, is amended by
17	17	adding Subsection (l) to read as follows:
18	18	(l) The employment policy must provide that:
19	19	(1) before the beginning of each school year, the
20	20	district shall provide a duty calendar for certain professional
21	21	staff as required by Section 11.15131; and
22	22	(2) for purposes of determining the amount of a
23	23	reduction in the salary of a classroom teacher, full-time
24	24	counselor, or full-time librarian for unpaid leave, the employee's
25	25	daily rate of pay is computed by dividing the employee's annual
26	26	salary by the number of days the employee is expected to work for
27	27	that school year as provided by the district's duty calendar
28	28	adopted under Section 11.15131.
29	29	SECTION 2. Subchapter D, Chapter 11, Education Code, is
30	30	amended by adding Section 11.15131 to read as follows:
31	31	Sec. 11.15131. DUTY CALENDAR FOR CERTAIN PROFESSIONAL
32	32	STAFF. (a) In this section, "supplemental duty" means a duty not
33	33	assigned under an employee's employment contract, that is expected
34	34	to be performed on an instructional day and that may be governed by
35	35	an agreement, other than the employee's employment contract,
36	36	between the school district and the employee.
37	37	(b) Not later than the 45th day before the first
38	38	instructional day of each school year, the board of trustees of a
39	39	school district shall adopt and provide to each classroom teacher,
40	40	full-time counselor, and full-time librarian employed by the
41	41	district a calendar that specifies the days each employee is
42	42	expected to work during that school year, including each day on
43	43	which the employee is expected to perform duties for more than 30
44	44	minutes outside of the instructional day.
45	45	(c) A school district may not require a classroom teacher,
46	46	full-time counselor, or full-time librarian to perform any duties
47	47	for more than 30 minutes outside of the instructional day and on
48	48	more than two days in each month, unless the district enters a
49	49	contract or agreement with the teacher, counselor, or librarian,
50	50	separate from the employee's employment contract and under which
51	51	the employee receives additional compensation, for the performance
52	52	of those supplemental duties.
53	53	(d) A school district may not coerce a classroom teacher,
54	54	full-time counselor, or full-time librarian to enter into a
55	55	contract or agreement to perform supplemental duties described by
56	56	Subsection (c).
57	57	SECTION 3. Subchapter A, Chapter 21, Education Code, is
58	58	amended by adding Section 21.010 to read as follows:
59	59	Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
60	60	shall collect data from school districts and open-enrollment
61	61	charter schools for the recruitment and retention of classroom
62	62	teachers, including the classification, grade level, subject area,
63	63	duration, and other relevant information regarding vacant teaching
64	64	positions in a district or school. The data may be collected using
65	65	the Public Education Information Management System (PEIMS) or
66	66	another reporting mechanism specified by the agency.
67	67	SECTION 4. Subchapter B, Chapter 21, Education Code, is
68	68	amended by adding Section 21.0411 to read as follows:
69	69	Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
70	70	CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
71	71	Section 21.041(c), the board shall, for a person applying for a
72	72	certification to teach established under this subchapter, waive:
73	73	(1) a certification examination fee imposed by the
74	74	board for the first administration of the examination to the
75	75	person; and
76	76	(2) a fee associated with the application for
77	77	certification by the person.
78	78	(b) The board shall pay to a vendor that administers a
79	79	certification examination required for certification to teach
80	80	under this subchapter a fee assessed by that vendor for the
81	81	examination of a person applying for a certification to teach
82	82	established under this subchapter for the first administration of
83	83	the examination to the person.
84	84	SECTION 5. Section 21.044, Education Code, is amended by
85	85	adding Subsection (h) to read as follows:
86	86	(h) An educator preparation program, including an educator
87	87	preparation program offered by an institution of higher education,
88	88	as defined by Section 61.003, may not include instruction that
89	89	incorporates the method of three-cueing, as defined by Section
90	90	28.0062(a-1), into foundational skills reading instruction.
91	91	SECTION 6. Section 21.051, Education Code, is amended by
92	92	adding Subsections (f-2) and (f-3) to read as follows:
93	93	(f-2) The board shall propose rules as soon as practicable
94	94	providing that a candidate for certification enrolled in an
95	95	educator preparation program is entitled to not fewer than five
96	96	candidate observations during a school year that fulfill the
97	97	requirements for field-based experience if the candidate:
98	98	(1) is employed by a district of innovation with a
99	99	local innovation plan developed under Section 12A.003 that exempts
100	100	the district from the requirements of Section 21.003;
101	101	(2) does not hold a teacher intern certificate or a
102	102	probationary certificate issued under Section 21.0491; and
103	103	(3) takes the subject matter examination required
104	104	under Section 21.048 applicable to the subject area the candidate
105	105	is teaching not later than six weeks after the date the candidate
106	106	begins teaching at the district of innovation.
107	107	(f-3) A candidate for certification who fulfills the
108	108	requirements for field-based experience in accordance with
109	109	Subsection (f-2):
110	110	(1) may be issued a standard certificate if the
111	111	candidate completes all other eligibility requirements required to
112	112	receive a standard certification, including passing any
113	113	examination required for that certification, required by the board,
114	114	and in accordance with timelines established by board rule; and
115	115	(2) may not be issued a teacher intern or probationary
116	116	certificate.
117	117	SECTION 7. Section 21.105, Education Code, is amended by
118	118	amending Subsection (c) and adding Subsection (g) to read as
119	119	follows:
120	120	(c) Subject to Subsections (e), [and] (f), and (g), on
121	121	written complaint by the employing district, the State Board for
122	122	Educator Certification may impose sanctions against a teacher
123	123	employed under a probationary contract who:
124	124	(1) resigns;
125	125	(2) fails without good cause to comply with Subsection
126	126	(a) or (b); and
127	127	(3) fails to perform the contract.
128	128	(g) The State Board for Educator Certification may not
129	129	impose a sanction under Subsection (c) against a teacher who
130	130	relinquishes a position under a probationary contract and leaves
131	131	the employment of the district after the 45th day before the first
132	132	day of instruction for the upcoming school year in violation of
133	133	Subsection (a) and without the consent of the board of trustees
134	134	under Subsection (b), if the teacher's failure to comply with
135	135	Subsection (a) was due to:
136	136	(1) the teacher, or a close family member of the
137	137	teacher, developing a serious illness or experiencing a significant
138	138	change in health condition;
139	139	(2) the teacher relocating because the teacher's
140	140	spouse or a partner who resides with the teacher changes employers;
141	141	(3) the needs of the teacher's family changing
142	142	significantly in a manner that requires the teacher to:
143	143	(A) relocate; or
144	144	(B) forgo employment during a period of required
145	145	employment under the teacher's contract; or
146	146	(4) the teacher reasonably believing that the teacher
147	147	received written permission from the school district to resign.
148	148	SECTION 8. Section 21.160, Education Code, is amended by
149	149	amending Subsection (c) and adding Subsection (g) to read as
150	150	follows:
151	151	(c) Subject to Subsections (e), [and] (f), and (g), on
152	152	written complaint by the employing district, the State Board for
153	153	Educator Certification may impose sanctions against a teacher who
154	154	is employed under a continuing contract that obligates the district
155	155	to employ the person for the following school year and who:
156	156	(1) resigns;
157	157	(2) fails without good cause to comply with Subsection
158	158	(a) or (b); and
159	159	(3) fails to perform the contract.
160	160	(g) The State Board for Educator Certification may not
161	161	impose a sanction under Subsection (c) against a teacher who
162	162	relinquishes a position under a continuing contract and leaves the
163	163	employment of the district after the 45th day before the first day
164	164	of instruction of the upcoming school year in violation of
165	165	Subsection (a) and without the consent of the board of trustees
166	166	under Subsection (b), if the teacher's failure to comply with
167	167	Subsection (a) was due to:
168	168	(1) the teacher, or a close family member of the
169	169	teacher, developing a serious illness or experiencing a significant
170	170	change in health condition;
171	171	(2) the teacher relocating because the teacher's
172	172	spouse or a partner who resides with the teacher changes employers;
173	173	(3) the needs of the teacher's family changing
174	174	significantly in a manner that requires the teacher to:
175	175	(A) relocate; or
176	176	(B) forgo employment during a period of required
177	177	employment under the teacher's contract; or
178	178	(4) the teacher reasonably believing that the teacher
179	179	received written permission from the school district to resign.
180	180	SECTION 9. Section 21.210, Education Code, is amended by
181	181	amending Subsection (c) and adding Subsection (g) to read as
182	182	follows:
183	183	(c) Subject to Subsections (e), [and] (f), and (g), on
184	184	written complaint by the employing district, the State Board for
185	185	Educator Certification may impose sanctions against a teacher who
186	186	is employed under a term contract that obligates the district to
187	187	employ the person for the following school year and who:
188	188	(1) resigns;
189	189	(2) fails without good cause to comply with Subsection
190	190	(a) or (b); and
191	191	(3) fails to perform the contract.
192	192	(g) The State Board for Educator Certification may not
193	193	impose a sanction under Subsection (c) against a teacher who
194	194	relinquishes a position under a term contract and leaves the
195	195	employment of the district after the 45th day before the first day
196	196	of instruction of the upcoming school year in violation of
197	197	Subsection (a) and without the consent of the board of trustees
198	198	under Subsection (b), if the teacher's failure to comply with
199	199	Subsection (a) was due to:
200	200	(1) the teacher, or a close family member of the
201	201	teacher, developing a serious illness or experiencing a significant
202	202	change in health condition;
203	203	(2) the teacher relocating because the teacher's
204	204	spouse or a partner who resides with the teacher changes employers;
205	205	(3) the needs of the teacher's family changing
206	206	significantly in a manner that requires the teacher to:
207	207	(A) relocate; or
208	208	(B) forgo employment during a period of required
209	209	employment under the teacher's contract; or
210	210	(4) the teacher reasonably believing that the teacher
211	211	received written permission from the school district to resign.
212	212	SECTION 10. Sections 21.3521(a), (c), and (e), Education
213	213	Code, are amended to read as follows:
214	214	(a) Subject to Subsection (b), a school district or
215	215	open-enrollment charter school may designate a classroom teacher as
216	216	a master, exemplary, [or] recognized, or acknowledged teacher for a
217	217	five-year period based on the results from single year or multiyear
218	218	appraisals that comply with Section 21.351 or 21.352.
219	219	(c) Notwithstanding performance standards established
220	220	under Subsection (b), a classroom teacher that holds a National
221	221	Board Certification issued by the National Board for Professional
222	222	Teaching Standards may be designated as nationally board certified
223	223	[recognized].
224	224	(e) The agency shall develop and provide technical
225	225	assistance for school districts and open-enrollment charter
226	226	schools that request assistance in implementing a local optional
227	227	teacher designation system, including:
228	228	(1) providing assistance in prioritizing high needs
229	229	campuses;
230	230	(2) providing examples of local optional teacher
231	231	designation systems;
232	232	(3) applying the performance and validity standards
233	233	established by the commissioner under Subsection (b);
234	234	(4) providing centralized support for the analysis of
235	235	the results of assessment instruments administered to district or
236	236	school students; and
237	237	(5) facilitating effective communication on and
238	238	promotion of local optional teacher designation systems.
239	239	SECTION 11. Subchapter H, Chapter 21, Education Code, is
240	240	amended by adding Section 21.3522 to read as follows:
241	241	Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
242	242	GRANT PROGRAM. (a) From funds appropriated or otherwise available
243	243	for the purpose, the agency shall establish and administer a grant
244	244	program to provide money and technical assistance to:
245	245	(1) expand implementation of local optional teacher
246	246	designation systems under Section 21.3521; and
247	247	(2) increase the number of classroom teachers eligible
248	248	for a designation under that section.
249	249	(b) A grant awarded under this section must:
250	250	(1) meet the needs of individual school districts; and
251	251	(2) enable regional leadership capacity.
252	252	(c) The commissioner may adopt rules to establish and
253	253	administer the grant program under this section.
254	254	SECTION 12. Subchapter I, Chapter 21, Education Code, is
255	255	amended by adding Section 21.416 to read as follows:
256	256	Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
257	257	PROGRAM. (a) From funds appropriated or otherwise available, the
258	258	commissioner shall establish and administer a grant program to
259	259	award funds to reimburse a school district or open-enrollment
260	260	charter school that hires a teacher who retired before September 1,
261	261	2022, for the increased contributions to the Teacher Retirement
262	262	System of Texas associated with hiring the retired teacher.
263	263	(b) In appropriating money for grants awarded under this
264	264	section, the legislature may provide for, modify, or limit amounts
265	265	appropriated for that purpose in the General Appropriations Act,
266	266	including by:
267	267	(1) providing, notwithstanding Subsection (a), a date
268	268	or date range other than September 1, 2022, before which a teacher
269	269	must have retired for a school district or open-enrollment charter
270	270	school that hires the teacher to be eligible; or
271	271	(2) limiting eligibility to a school district or
272	272	open-enrollment charter school that hires a retired teacher:
273	273	(A) who holds a certain certification;
274	274	(B) to teach a certain subject or grade;
275	275	(C) in a certain geographical area; or
276	276	(D) to provide instruction to certain students,
277	277	including to students with disabilities.
278	278	(c) The commissioner shall proportionally reduce the amount
279	279	of funds awarded to school districts and open-enrollment charter
280	280	schools under this section if the number of grant applications by
281	281	eligible districts or schools exceeds the number of grants the
282	282	commissioner could award with the money appropriated or otherwise
283	283	available for the purpose.
284	284	(d) A school district or open-enrollment charter school may
285	285	use funds received under this section to make required payments
286	286	under Section 825.4092, Government Code.
287	287	SECTION 13. Subchapter J, Chapter 21, Education Code, is
288	288	amended by adding Sections 21.466 and 21.467 to read as follows:
289	289	Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
290	290	appropriated or otherwise available for the purpose, the agency
291	291	shall develop training for and provide technical assistance to
292	292	school districts and open-enrollment charter schools regarding:
293	293	(1) strategic compensation, staffing, and scheduling
294	294	efforts that improve professional growth, teacher leadership
295	295	opportunities, and staff retention;
296	296	(2) programs that encourage high school students or
297	297	other members of the community in the area served by the district to
298	298	become teachers, including available teacher apprenticeship
299	299	programs; and
300	300	(3) programs or strategies that school leaders may use
301	301	to establish clear and attainable behavior expectations while
302	302	proactively supporting students.
303	303	(b) From funds appropriated or otherwise available, the
304	304	agency shall provide grants to school districts and open-enrollment
305	305	charter schools to implement initiatives developed under this
306	306	section.
307	307	Sec. 21.467. TEACHER TIME STUDY. (a) From funds
308	308	appropriated or otherwise available for the purpose, the agency
309	309	shall develop and maintain a technical assistance program to
310	310	support school districts and open-enrollment charter schools in:
311	311	(1) studying how the district's or school's staff and
312	312	student schedules, required noninstructional duties for classroom
313	313	teachers, and professional development requirements for educators
314	314	are affecting the amount of time classroom teachers work each week;
315	315	and
316	316	(2) refining the schedules for students or staff as
317	317	necessary to ensure teachers have sufficient time during normal
318	318	work hours to fulfill all job duties, including addressing the
319	319	needs of students.
320	320	(b) The agency shall periodically make findings and
321	321	recommendations for best practices publicly available using
322	322	information from participating school districts and
323	323	open-enrollment charter schools.
324	324	SECTION 14. Chapter 21, Education Code, is amended by
325	325	adding Subchapter R to read as follows:
326	326	SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
327	327	Sec. 21.901. DEFINITIONS. In this subchapter:
328	328	(1) "Board" means the State Board for Educator
329	329	Certification.
330	330	(2) "Cooperating teacher" means a classroom teacher
331	331	who:
332	332	(A) has at least three complete years of teaching
333	333	experience with a superior record of assisting students, as a
334	334	whole, in achieving improvement in student performance;
335	335	(B) is employed by a school district or
336	336	open-enrollment charter school participating in a partnership
337	337	program under this subchapter and paired with a partnership
338	338	resident at the district or school; and
339	339	(C) provides coaching to a partnership resident
340	340	in the teacher's classroom.
341	341	(3) "Partnership program" means a Texas Teacher
342	342	Residency Partnership Program established at a school district or
343	343	open-enrollment charter school in accordance with this subchapter.
344	344	(4) "Partnership resident" means a person enrolled in
345	345	a qualified educator preparation program participating in a
346	346	partnership program as a candidate for educator certification.
347	347	(5) "Qualified educator preparation program" means an
348	348	educator preparation program approved in accordance with rules
349	349	proposed under Section 21.903.
350	350	Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
351	351	The commissioner shall establish the Texas Teacher Residency
352	352	Partnership Program to enable qualified educator preparation
353	353	programs to form partnerships with school districts or
354	354	open-enrollment charter schools to provide residency positions to
355	355	partnership residents at the district or school.
356	356	(b) The partnership program must be designed to:
357	357	(1) allow partnership residents to receive
358	358	field-based experience working with cooperating teachers in
359	359	prekindergarten through grade 12 classrooms; and
360	360	(2) gradually increase the amount of time a
361	361	partnership resident spends engaging in instructional
362	362	responsibilities, including observation, co-teaching, and
363	363	lead-teaching responsibilities.
364	364	Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
365	365	board shall propose rules specifying the requirements for board
366	366	approval of an educator preparation program as a qualified educator
367	367	preparation program for purposes of this subchapter. The rules
368	368	must require an educator preparation program to:
369	369	(1) use research-based best practices for recruiting
370	370	and admitting candidates into the educator preparation program to
371	371	participate in the partnership program;
372	372	(2) integrate curriculum, classroom practice, and
373	373	formal observation and feedback;
374	374	(3) use multiple assessments to measure a partnership
375	375	resident's progress in the partnership program; and
376	376	(4) partner with a school district or open-enrollment
377	377	charter school.
378	378	Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
379	379	SCHOOLS. (a) A school district or open-enrollment charter school
380	380	participating in the partnership program shall:
381	381	(1) enter into a written agreement with a qualified
382	382	educator preparation program to:
383	383	(A) provide a partnership resident with at least
384	384	one school year of clinical teaching in a residency position at the
385	385	district or school in the subject area and grade level for which the
386	386	resident seeks certification; and
387	387	(B) pair the partnership resident with a
388	388	cooperating teacher;
389	389	(2) only use money received under Section 48.157 to:
390	390	(A) implement the partnership program;
391	391	(B) provide compensation to:
392	392	(i) partnership residents in residency
393	393	positions at the district or school; and
394	394	(ii) cooperating teachers who are paired
395	395	with partnership residents at the district or school; and
396	396	(C) provide an amount equal to at least 10
397	397	percent of the funding received by the district or school to the
398	398	qualified educator preparation program with which the district or
399	399	school partners;
400	400	(3) pay at least 50 percent of the compensation paid to
401	401	partnership residents using money other than money received under
402	402	Section 48.157; and
403	403	(4) provide any information required by the agency
404	404	regarding the district's or school's implementation of the program.
405	405	(b) A school district or open-enrollment charter school may
406	406	only pair a partnership resident with a cooperating teacher who
407	407	agrees to participate in that role in a partnership program at the
408	408	district or school partnership program.
409	409	(c) A partnership resident may not serve as a teacher of
410	410	record, as that term is defined by Section 21.051.
411	411	Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
412	412	shall propose rules specifying the requirements for the issuance of
413	413	a residency educator certificate to a candidate who has
414	414	successfully completed a qualified educator preparation program
415	415	under Section 21.903. The rules may not require the resident to
416	416	pass a pedagogy examination unless the examination tests
417	417	subject-specific content appropriate for the grade and subject area
418	418	for which the candidate seeks certification.
419	419	Sec. 21.906. AGENCY SUPPORT. The agency shall provide
420	420	technical assistance, planning, and support to school districts,
421	421	open-enrollment charter schools, and qualified educator
422	422	preparation programs, which must include:
423	423	(1) providing model forms and agreements a district,
424	424	school, or educator preparation program may use to comply with the
425	425	requirements of this subchapter; and
426	426	(2) support for district and school strategic staffing
427	427	and compensation models to incentivize participation in a
428	428	partnership program.
429	429	Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
430	430	commissioner may solicit and accept gifts, grants, and donations
431	431	from public and private entities to use for the purposes of this
432	432	subchapter.
433	433	Sec. 21.908. RULES; NEGOTIATED RULEMAKING COMMITTEE. (a)
434	434	The board shall propose rules necessary to implement this
435	435	subchapter, including, subject to Subsection (b), rules under
436	436	Sections 21.903 and 21.905.
437	437	(b) In using negotiated rulemaking procedures under Chapter
438	438	2008, Government Code, for any proposed rule related to the
439	439	implementation of Section 21.903 or 21.905, the board must appoint
440	440	to the negotiated rulemaking committee persons representing
441	441	institutions of higher education, as defined by Section 61.003.
442	442	(c) The commissioner shall adopt rules as necessary to
443	443	implement this subchapter after considering the recommendations of
444	444	the negotiated rulemaking committee appointed under Subsection
445	445	(b).
446	446	SECTION 15. Section 28.0062, Education Code, is amended by
447	447	adding Subsection (a-1) to read as follows:
448	448	(a-1) In this subsection, "three-cueing" means any model,
449	449	including the model referred to as meaning, structure, and visual
450	450	cues (MSV), of teaching a student to read based on meaning,
451	451	structure and syntax, and visual cues or memory. A school district
452	452	or open-enrollment charter school may not include any instruction
453	453	that incorporates three-cueing in the foundational skills reading
454	454	curriculum for kindergarten through third grade.
455	455	SECTION 16. Sections 29.054(b) and (c), Education Code, are
456	456	amended to read as follows:
457	457	(b) An application for an exception may be filed with the
458	458	agency when a district is unable to hire a sufficient number of
459	459	teachers with teaching certificates appropriate for bilingual
460	460	education instruction to staff the required program. The
461	461	application must be accompanied by:
462	462	(1) documentation showing that the district has taken
463	463	all reasonable affirmative steps to secure teachers with teaching
464	464	certificates appropriate for bilingual education instruction and
465	465	has failed;
466	466	(2) documentation showing that the district has
467	467	affirmative hiring policies and procedures consistent with the need
468	468	to serve emergent bilingual students;
469	469	(3) documentation showing that, on the basis of
470	470	district records, no teacher having a teaching certificate
471	471	appropriate for bilingual instruction or emergency credentials has
472	472	been unjustifiably denied employment by the district within the
473	473	past 36 [12] months; and
474	474	(4) a plan detailing specific measures to be used by
475	475	the district to eliminate the conditions that created the need for
476	476	an exception.
477	477	(c) An exception shall be granted under this section on an
478	478	individual district basis and is valid for three years [only one
479	479	year]. Application for an exception for a second or succeeding
480	480	three-year period: [year]
481	481	(1) must be accompanied by the documentation
482	482	prescribed by Subsection (b); and
483	483	(2) may be for different teachers than the teachers
484	484	who were included in an application for an exception for a preceding
485	485	period.
486	486	SECTION 17. Section 29.153(b), Education Code, is amended
487	487	to read as follows:
488	488	(b) A child is eligible for enrollment in a prekindergarten
489	489	class under this section if the child is at least three years of age
490	490	and:
491	491	(1) is unable to speak and comprehend the English
492	492	language;
493	493	(2) is educationally disadvantaged;
494	494	(3) is homeless, regardless of the residence of the
495	495	child, of either parent of the child, or of the child's guardian or
496	496	other person having lawful control of the child;
497	497	(4) is the child of an active duty member of the armed
498	498	forces of the United States, including the state military forces or
499	499	a reserve component of the armed forces, who is ordered to active
500	500	duty by proper authority;
501	501	(5) is the child of a member of the armed forces of the
502	502	United States, including the state military forces or a reserve
503	503	component of the armed forces, who was injured or killed while
504	504	serving on active duty;
505	505	(6) is or ever has been in:
506	506	(A) the conservatorship of the Department of
507	507	Family and Protective Services following an adversary hearing held
508	508	as provided by Section 262.201, Family Code; or
509	509	(B) foster care in another state or territory, if
510	510	the child resides in this state; [or]
511	511	(7) is the child of a person eligible for the Star of
512	512	Texas Award as:
513	513	(A) a peace officer under Section 3106.002,
514	514	Government Code;
515	515	(B) a firefighter under Section 3106.003,
516	516	Government Code; or
517	517	(C) an emergency medical first responder under
518	518	Section 3106.004, Government Code; or
519	519	(8) is the child of a person employed as a classroom
520	520	teacher at a public primary or secondary school in the school
521	521	district that offers a prekindergarten class under this section.
522	522	SECTION 18. Section 48.108, Education Code, is amended by
523	523	adding Subsection (a-1) to read as follows:
524	524	(a-1) For each student in average daily attendance in
525	525	prekindergarten, a school district is entitled to an annual
526	526	allotment equal to the basic allotment multiplied by 0.1 if the
527	527	student is at least four years of age and eligible to enroll in a
528	528	prekindergarten class under Section 29.153(b).
529	529	SECTION 19. Sections 48.112(c) and (d), Education Code, are
530	530	amended to read as follows:
531	531	(c) For each classroom teacher with a teacher designation
532	532	under Section 21.3521 employed by a school district, the school
533	533	district is entitled to an allotment equal to the following
534	534	applicable base amount increased by the high needs and rural factor
535	535	as determined under Subsection (d):
536	536	(1) $12,000, or an increased amount not to exceed
537	537	$36,000 [$32,000] as determined under Subsection (d), for each
538	538	master teacher;
539	539	(2) $9,000 [$6,000], or an increased amount not to
540	540	exceed $25,000 [$18,000] as determined under Subsection (d), for
541	541	each exemplary teacher; [and]
542	542	(3) $5,000 [$3,000], or an increased amount not to
543	543	exceed $15,000 [$9,000] as determined under Subsection (d), for
544	544	each recognized teacher; and
545	545	(4) $3,000, or an increased amount not to exceed
546	546	$9,000 as determined under Subsection (d), for each:
547	547	(A) acknowledged teacher; or
548	548	(B) teacher designated as nationally board
549	549	certified.
550	550	(d) The high needs and rural factor is determined by
551	551	multiplying the following applicable amounts by the average of the
552	552	point value assigned to each student at a district campus under
553	553	Subsection (e):
554	554	(1) $6,000 [$5,000] for each master teacher;
555	555	(2) $4,000 [$3,000] for each exemplary teacher; [and]
556	556	(3) $2,500 [$1,500] for each recognized teacher; and
557	557	(4) $1,500 for each:
558	558	(A) acknowledged teacher; or
559	559	(B) teacher designated as nationally board
560	560	certified.
561	561	SECTION 20. Section 48.114, Education Code, is amended by
562	562	amending Subsection (a) and adding Subsection (d) to read as
563	563	follows:
564	564	(a) A school district [that has implemented a mentoring
565	565	program for classroom teachers who have less than two years of
566	566	teaching experience under Section 21.458] is entitled to an
567	567	allotment [as determined under Subsection (b)] to fund a [the]
568	568	mentoring program and to provide stipends for mentor teachers if:
569	569	(1) the district has implemented a mentoring program
570	570	for classroom teachers under Section 21.458; and
571	571	(2) the mentor teachers assigned under that program
572	572	complete a training program that is required or developed by the
573	573	agency for mentor teachers.
574	574	(d) A school district is entitled to an allotment of $2,000
575	575	for each classroom teacher with less than two years of experience
576	576	who participates in a mentoring program described by Subsection
577	577	(a). A district may receive an allotment under this section for no
578	578	more than 40 teachers during a school year, except that the
579	579	commissioner may approve an application submitted by the district
580	580	to receive for a school year additional allotments for additional
581	581	classroom teachers, if the district has more than 40 classroom
582	582	teachers who are eligible to participate in the mentoring program
583	583	described by Subsection (a). In approving applications under this
584	584	subsection, the commissioner shall ensure the total amount provided
585	585	in allotments under this section does not exceed the amount
586	586	appropriated for that purpose for that school year.
587	587	SECTION 21. Subchapter D, Chapter 48, Education Code, is
588	588	amended by adding Section 48.157 to read as follows:
589	589	Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
590	590	section:
591	591	(1) "Partnership program" and "partnership resident"
592	592	have the meanings assigned by Section 21.901.
593	593	(2) "Rural campus" has the meaning assigned by Section
594	594	48.112.
595	595	(b) For each partnership resident employed at a school
596	596	district in a residency position under Subchapter R, Chapter 21,
597	597	the district is entitled to an allotment equal to a base amount of
598	598	$22,000 increased by the high needs and rural factor, as determined
599	599	under Subsection (c), to an amount not to exceed $42,000.
600	600	(c) The high needs and rural factor is determined by
601	601	multiplying $5,000 by the lesser of:
602	602	(1) the average of the point value assigned to each
603	603	student at a district campus under Sections 48.112(e) and (f); or
604	604	(2) 4.0.
605	605	(d) In addition to the funding under Subsection (b), a
606	606	district that qualifies for an allotment under this section is
607	607	entitled to an additional $2,000 for each partnership resident
608	608	employed in a residency position at the district who is a candidate
609	609	for special education or bilingual education certification.
610	610	(e) The Texas School for the Deaf and the Texas School for
611	611	the Blind and Visually Impaired are entitled to an allotment under
612	612	this section. If the commissioner determines that assigning point
613	613	values under Subsection (c) to students enrolled in the Texas
614	614	School for the Deaf or the Texas School for the Blind and Visually
615	615	Impaired is impractical, the commissioner may use the average point
616	616	value assigned for those students' home districts for purposes of
617	617	calculating the high needs and rural factor.
618	618	SECTION 22. The following provisions are repealed:
619	619	(1) Section 48.114(b), Education Code;
620	620	(2) Subchapter Q, Chapter 21, Education Code; and
621	621	(3) Section 825.4092(f), Government Code, as added by
622	622	Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
623	623	Session, 2021.
624	624	SECTION 23. Immediately following the effective date of
625	625	this Act, a school district or open-enrollment charter school shall
626	626	redesignate a teacher who holds a designation made under Section
627	627	21.3521, Education Code, before the effective date of this Act, to
628	628	reflect the teacher's designation under Section 21.3521, Education
629	629	Code, as amended by this Act. Funding provided to a school district
630	630	under Section 48.112, Education Code, for a teacher who held a
631	631	designation made under Section 21.3521, Education Code, as that
632	632	section existed immediately before the effective date of this Act,
633	633	shall be increased to reflect the teacher's redesignation under
634	634	Section 21.3521, Education Code, as amended by this Act.
635	635	SECTION 24. Notwithstanding Section 21.903, Education
636	636	Code, as added by this Act, until the State Board for Educator
637	637	Certification adopts rules specifying the requirements for
638	638	approval of an educator preparation program as a qualified educator
639	639	preparation program as required by that section, the commissioner
640	640	of education may approve a program as a qualified educator
641	641	preparation program for purposes of Subchapter R, Chapter 21,
642	642	Education Code, as added by this Act, if the commissioner
643	643	determines that the program meets the requirements under Section
644	644	21.903, Education Code, as added by this Act. An educator
645	645	preparation program's designation as a qualified educator
646	646	preparation program by the commissioner under this section remains
647	647	effective until the first anniversary of the earliest effective
648	648	date of a rule adopted by the State Board for Educator Certification
649	649	under Section 21.903, Education Code, as added by this Act.
650	650	SECTION 25. Sections 29.054(b) and (c), Education Code, as
651	651	amended by this Act, apply beginning with the 2023-2024 school
652	652	year.
653	653	SECTION 26. (a) Except as provided by Subsection (b) of
654	654	this section, this Act applies beginning with the 2023-2024 school
655	655	year.
656	656	(b) Section 48.108(a-1), Education Code, as added by this
657	657	Act, applies beginning with the 2025-2026 school year.
658	658	SECTION 27. (a) Except as provided by Subsection (b) of
659	659	this section, this Act takes effect immediately if this Act
660	660	receives a vote of two-thirds of all the members elected to each
661	661	house, as provided by Section 39, Article III, Texas Constitution.
662	662	If this Act does not receive the vote necessary for immediate
663	663	effect, the entirety of this Act takes effect September 1, 2023.
664	664	(b) Sections 48.112(c) and (d) and 48.114, Education Code,
665	665	as amended by this Act, and Sections 48.108(a-1) and 48.157,
666	666	Education Code, as added by this Act, take effect September 1, 2023.