Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB2 Compare Versions

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11 By: Creighton, et al. S.B. No. 2
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to a local optional teacher designation system implemented
77 by a school district, a security officer employed by a school
88 district, the basic allotment and guaranteed yield under the public
99 school finance system, and certain allotments under the Foundation
1010 School Program; making an appropriation.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 21.3521(a), (c), and (e), Education
1313 Code, are amended to read as follows:
1414 (a) Subject to Subsection (b), a school district or
1515 open-enrollment charter school may designate a classroom teacher as
1616 a master, exemplary, [or] recognized, or acknowledged teacher for a
1717 five-year period based on the results from single year or multiyear
1818 appraisals that comply with Section 21.351 or 21.352.
1919 (c) Notwithstanding performance standards established
2020 under Subsection (b), a classroom teacher that holds a National
2121 Board Certification issued by the National Board for Professional
2222 Teaching Standards may be designated as nationally board certified
2323 [recognized].
2424 (e) The agency shall develop and provide technical
2525 assistance for school districts and open-enrollment charter
2626 schools that request assistance in implementing a local optional
2727 teacher designation system, including:
2828 (1) providing assistance in prioritizing high needs
2929 campuses;
3030 (2) providing examples or models of local optional
3131 teacher designation systems to reduce the time required for a
3232 district or school to implement a teacher designation system;
3333 (3) establishing partnerships between districts and
3434 schools that request assistance and districts and schools that have
3535 implemented a teacher designation system;
3636 (4) applying the performance and validity standards
3737 established by the commissioner under Subsection (b);
3838 (5) providing centralized support for the analysis of
3939 the results of assessment instruments administered to district
4040 students; and
4141 (6) facilitating effective communication on and
4242 promotion of local optional teacher designation systems.
4343 SECTION 2. Subchapter H, Chapter 21, Education Code, is
4444 amended by adding Section 21.3522 to read as follows:
4545 Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
4646 GRANT PROGRAM. (a) From funds appropriated or otherwise
4747 available for the purpose, the agency shall establish and
4848 administer a grant program to provide money and technical
4949 assistance to:
5050 (1) expand implementation of local optional teacher
5151 designation systems under Section 21.3521;
5252 (2) increase the number of classroom teachers eligible
5353 for a designation under that section; and
5454 (3) increase the salaries paid to classroom teachers
5555 employed by school districts or open-enrollment charter schools
5656 that have established or are seeking to establish a designation
5757 system under that section.
5858 (b) A grant awarded under this section must:
5959 (1) meet the needs of individual school districts; and
6060 (2) enable regional leadership capacity.
6161 SECTION 3. Section 48.051(a), Education Code, is amended to
6262 read as follows:
6363 (a) For each student in average daily attendance, not
6464 including the time students spend each day in special education
6565 programs in an instructional arrangement other than mainstream or
6666 career and technology education programs, for which an additional
6767 allotment is made under Subchapter C, a district is entitled to an
6868 allotment equal to [the lesser of $6,160 or] the amount that results
6969 from the following formula:
7070 A = B [$6,160] X TR/MCR
7171 where:
7272 "A" is the allotment to which a district is entitled;
7373 "B" is the base amount, which equals the greater of:
7474 (1) $6,235;
7575 (2) an amount equal to the district's base amount under
7676 this section for the preceding school year; or
7777 (3) the amount appropriated under Subsection (b);
7878 "TR" is the district's tier one maintenance and operations
7979 tax rate, as provided by Section 45.0032; and
8080 "MCR" is the district's maximum compressed tax rate, as
8181 determined under Section 48.2551.
8282 SECTION 4. Sections 48.112(c) and (d), Education Code, are
8383 amended to read as follows:
8484 (c) For each classroom teacher with a teacher designation
8585 under Section 21.3521 employed by a school district, the school
8686 district is entitled to an allotment equal to the following
8787 applicable base amount increased by the high needs and rural factor
8888 as determined under Subsection (d):
8989 (1) $12,000, or an increased amount not to exceed
9090 $36,000 [$32,000] as determined under Subsection (d), for each
9191 master teacher;
9292 (2) $9,000 [$6,000], or an increased amount not to
9393 exceed $25,000 [$18,000] as determined under Subsection (d), for
9494 each exemplary teacher; [and]
9595 (3) $5,000 [$3,000], or an increased amount not to
9696 exceed $15,000 [$9,000] as determined under Subsection (d), for
9797 each recognized teacher; and
9898 (4) $3,000, or an increased amount not to exceed
9999 $9,000 as determined under Subsection (d), for each:
100100 (A) acknowledged teacher; or
101101 (B) nationally board certified teacher.
102102 (d) The high needs and rural factor is determined by
103103 multiplying the following applicable amounts by the average of the
104104 point value assigned to each student at a district campus under
105105 Subsection (e):
106106 (1) $6,000 [$5,000] for each master teacher;
107107 (2) $4,000 [$3,000] for each exemplary teacher; [and]
108108 (3) $2,500 [$1,500] for each recognized teacher; and
109109 (4) $1,500 for each:
110110 (A) acknowledged teacher; or
111111 (B) nationally board certified teacher.
112112 SECTION 5. Section 48.115(a), Education Code, is amended to
113113 read as follows:
114114 (a) Except as provided by Subsection (a-1), a school
115115 district is entitled to an annual allotment equal to the sum of the
116116 following amounts or a greater amount provided by appropriation:
117117 (1) $20 [$10] for each student in average daily
118118 attendance, plus $1 for each student in average daily attendance
119119 per every $50 by which the district's maximum basic allotment under
120120 Section 48.051 exceeds the greater of $6,235 or the amount equal to
121121 the district's base amount, as defined by Section 48.051(a), for
122122 the preceding school year [$6,160], prorated as necessary; and
123123 (2) $30,000 [$15,000] per campus.
124124 SECTION 6. Section 48.202(a-1), Education Code, is amended
125125 to read as follows:
126126 (a-1) For purposes of Subsection (a), the dollar amount
127127 guaranteed level of state and local funds per weighted student per
128128 cent of tax effort ("GL") for a school district is:
129129 (1) the greater of the amount of district tax revenue
130130 per weighted student per cent of tax effort available to a school
131131 district at the 96th percentile of wealth per weighted student or
132132 the amount that results from multiplying the maximum amount of the
133133 basic allotment provided under Section 48.051 for the applicable
134134 school year [6,160, or the greater amount provided under Section
135135 48.051(b), if applicable,] by 0.016, for the first eight cents by
136136 which the district's maintenance and operations tax rate exceeds
137137 the district's tier one tax rate; and
138138 (2) subject to Subsection (f), the amount that results
139139 from multiplying the maximum amount of the basic allotment provided
140140 under Section 48.051 for the applicable school year [$6,160, or the
141141 greater amount provided under Section 48.051(b), if applicable,] by
142142 0.008, for the district's maintenance and operations tax effort
143143 that exceeds the amount of tax effort described by Subdivision (1).
144144 SECTION 7. Sections 48.277(c-1), (d), and (e), Education
145145 Code, are amended to read as follows:
146146 (c-1) Notwithstanding any other provision of this chapter,
147147 beginning with the 2024-2025 [2021-2022] school year, if the total
148148 amount of allotments to which school districts and open-enrollment
149149 charter schools are entitled under this section for a school year
150150 exceeds $65 [$400] million, the commissioner shall proportionately
151151 reduce each district's or school's allotment under this
152152 section. The reduction in the amount to which a district or school
153153 is entitled under this section may not result in an amount that is
154154 less than zero.
155155 (d) A school district or open-enrollment charter school is
156156 not entitled to an allotment under Subsection (a) beginning with
157157 the 2025-2026 [2024-2025] school year.
158158 (e) This section expires September 1, 2026 [2025].
159159 SECTION 8. Subchapter G, Chapter 48, Education Code, is
160160 amended by adding Sections 48.310 and 48.311 to read as follows:
161161 Sec. 48.310. TEACHER RETENTION ALLOTMENT. (a) In this
162162 section, "classroom teacher" has the meaning assigned by Section
163163 5.001, except that the term also includes a person who is not
164164 required to hold a certificate issued under Subchapter B, Chapter
165165 21 who otherwise meets the definition of a classroom teacher under
166166 that section.
167167 (b) A school district is entitled to an annual allotment for
168168 each classroom teacher employed by the district in the school year
169169 for which the allotment is provided as follows:
170170 (1) if the district has 5,000 or fewer students
171171 enrolled for that school year, $10,000 per classroom teacher; and
172172 (2) if the district has more than 5,000 students
173173 enrolled for that school year, $3,000 per classroom teacher.
174174 (b-1) In addition to the amount under Subsection (b)(2), a
175175 school district described by that subdivision is entitled to an
176176 allotment in the amount equal to $7,000 multiplied by the result of
177177 dividing 5,000 by 14.5 if the school district received an allotment
178178 in a previous school year under:
179179 (1) Subsection (b)(1); or
180180 (2) Section 48.311(b)(1), as that section existed on
181181 January 1, 2024.
182182 (c) For the 2024-2025 school year, a school district shall
183183 use money received under Subsection (b) to increase the salary
184184 provided to each classroom teacher in the district for that year
185185 over the salary the teacher received or would have received if
186186 employed by the district in the 2023-2024 school year by at least
187187 the amount received per classroom teacher under Subsection (b).
188188 (d) For the 2025-2026 and each subsequent school year, a
189189 school district shall use money received under Subsection (b) to
190190 maintain the salary increases for classroom teachers provided under
191191 Subsection (c). Any additional funding generated for a school
192192 district under this section may only be used for the compensation of
193193 classroom teachers employed by the district.
194194 (e) Notwithstanding any other law, the commissioner shall
195195 exclude the funding to which a school district is entitled under
196196 this section for purposes of:
197197 (1) determining the amount by which the district must
198198 reduce the district's tier one revenue level under Section 48.257;
199199 and
200200 (2) calculating a school district's maintenance and
201201 operations revenue under Section 48.277(a).
202202 Sec. 48.311. TEACHER RETENTION BONUS FOR 2023-2024 SCHOOL
203203 YEAR. (a) In this section, "classroom teacher" has the meaning
204204 assigned by Section 48.310.
205205 (b) A school district is entitled to a one-time payment for
206206 each classroom teacher employed by the district during the
207207 2023-2024 school year in the following amount:
208208 (1) if the district has 5,000 or fewer students
209209 enrolled for that school year, $10,000 per classroom teacher; and
210210 (2) if the district has more than 5,000 students
211211 enrolled for that school year, $3,000 per classroom teacher.
212212 (c) A school district shall use money received under
213213 Subsection (b) to provide a bonus payment in the amount received per
214214 classroom teacher under Subsection (b) to each classroom teacher in
215215 the district as part of the teacher's salary payment for December
216216 2023, if feasible, and if not feasible, then the district shall
217217 provide the bonus payment as part of the teacher's salary payment
218218 for the first month in which it is feasible. The bonus payment made
219219 under this subsection is in addition to the salary and wages to
220220 which the classroom teacher is otherwise entitled for the 2023-2024
221221 school year.
222222 (d) Notwithstanding any other law, the commissioner shall
223223 exclude the funding to which a school district is entitled under
224224 this section for purposes of:
225225 (1) determining the amount by which the district must
226226 reduce the district's tier one revenue level under Section 48.257;
227227 and
228228 (2) calculating a school district's maintenance and
229229 operations revenue under Section 48.277(a).
230230 (e) A bonus payment made under this section is included in
231231 salary and wages for service for purposes of Section 822.201,
232232 Government Code.
233233 (f) This section expires September 1, 2024.
234234 SECTION 9. Section 822.201(b), Government Code, is amended
235235 to read as follows:
236236 (b) "Salary and wages" as used in Subsection (a) means:
237237 (1) normal periodic payments of money for service the
238238 right to which accrues on a regular basis in proportion to the
239239 service performed;
240240 (2) amounts by which the member's salary is reduced
241241 under a salary reduction agreement authorized by Chapter 610;
242242 (3) amounts that would otherwise qualify as salary and
243243 wages under Subdivision (1) but are not received directly by the
244244 member pursuant to a good faith, voluntary written salary reduction
245245 agreement in order to finance payments to a deferred compensation
246246 or tax sheltered annuity program specifically authorized by state
247247 law or to finance benefit options under a cafeteria plan qualifying
248248 under Section 125 of the Internal Revenue Code of 1986, if:
249249 (A) the program or benefit options are made
250250 available to all employees of the employer; and
251251 (B) the benefit options in the cafeteria plan are
252252 limited to one or more options that provide deferred compensation,
253253 group health and disability insurance, group term life insurance,
254254 dependent care assistance programs, or group legal services plans;
255255 (4) performance pay awarded to an employee by a school
256256 district as part of a total compensation plan approved by the board
257257 of trustees of the district and meeting the requirements of
258258 Subsection (e);
259259 (5) the benefit replacement pay a person earns under
260260 Subchapter H, Chapter 659, except as provided by Subsection (c);
261261 (6) stipends paid to teachers in accordance with
262262 former Section 21.410, 21.411, 21.412, or 21.413, Education Code;
263263 (7) amounts by which the member's salary is reduced or
264264 that are deducted from the member's salary as authorized by
265265 Subchapter J, Chapter 659;
266266 (8) a merit salary increase made under Section 51.962,
267267 Education Code;
268268 (9) amounts received under the relevant parts of the
269269 educator excellence awards program under Subchapter O, Chapter 21,
270270 Education Code, or a mentoring program under Section 21.458,
271271 Education Code, that authorize compensation for service;
272272 (10) salary amounts designated as health care
273273 supplementation by an employee under Subchapter D, Chapter 22,
274274 Education Code;
275275 (11) to the extent required by Sections 3401(h) and
276276 414(u)(12), Internal Revenue Code of 1986, differential wage
277277 payments received by an individual from an employer on or after
278278 January 1, 2009, while the individual is performing qualified
279279 military service as defined by Section 414(u), Internal Revenue
280280 Code of 1986; [and]
281281 (12) increased compensation paid to a teacher by a
282282 school district using funds received by the district under the
283283 teacher incentive allotment under Section 48.112, Education Code;
284284 and
285285 (13) any increase in the payment of money made to a
286286 classroom teacher by a school district from funds allotted to the
287287 district under Section 48.310, Education Code.
288288 SECTION 10. Section 18.78, Article IX, Chapter 1170 (H.B.
289289 1), Acts of the 88th Legislature, Regular Session, 2023 (the
290290 General Appropriations Act), is amended by adding Subsection (m) to
291291 read as follows:
292292 (m) In addition to amounts appropriated elsewhere in this
293293 Act, TEA is appropriated $1,196,500,000 from general revenue to
294294 implement the provisions of S.B. 2, Acts of the 88th Legislature,
295295 3rd Called Session, 2023. From the amount appropriated under this
296296 subsection, not more than:
297297 (1) $400,000,000 may also be used for school safety
298298 and related purposes; and
299299 (2) $796,500,000 may also be used for financial and
300300 other assistance to public school educators and/or the public
301301 school finance system.
302302 SECTION 11. Sections 48.051(c), (c-1), (c-2), and (d),
303303 Education Code, are repealed.
304304 SECTION 12. A bonus payment made to a classroom teacher, as
305305 defined by Section 48.310, Education Code, as added by this Act, by
306306 a school district with money received by the district under Section
307307 48.311, Education Code, as added by this Act, as that section
308308 existed prior to its expiration, shall be included in salary and
309309 wages for service for purposes of Section 822.201, Government Code,
310310 as amended by this Act, regardless of the date the payment was made.
311311 SECTION 13. Immediately following the effective date of
312312 this Act, a school district or open-enrollment charter school shall
313313 redesignate a teacher who holds a designation made under Section
314314 21.3521, Education Code, before the effective date of this Act, to
315315 reflect the teacher's designation under Section 21.3521, Education
316316 Code, as amended by this Act. Funding provided to a school district
317317 under Section 48.112, Education Code, for a teacher who held a
318318 designation made under Section 21.3521, Education Code, as that
319319 section existed immediately before the effective date of this Act,
320320 shall be increased to reflect the teacher's redesignation under
321321 Section 21.3521, Education Code, as amended by this Act.
322322 SECTION 14. (a) Except as provided by Subsection (b) of
323323 this section, this Act applies beginning with the 2023-2024 school
324324 year.
325325 (b) Sections 48.277(c-1), (d), and (e), Education Code, as
326326 amended by this Act and Section 48.310, Education Code, as added by
327327 this Act, apply beginning with the 2024-2025 school year.
328328 SECTION 15. (a) Except as provided by Subsection (b), this
329329 Act takes effect immediately if it receives a vote of two-thirds of
330330 all the members elected to each house, as provided by Section 39,
331331 Article III, Texas Constitution. If this Act does not receive the
332332 vote necessary for immediate effect, this Act takes effect on the
333333 91st day after the last day of the legislative session.
334334 (b) Sections 48.277(c-1), (d), and (e), Education Code, as
335335 amended by this Act, take effect September 1, 2024.