Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB58 Compare Versions

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1	1	88S30326 TSS-D
2	2	By: Creighton S.B. No. 58
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rights and certification of public school educators
8	8	and assistance provided to public schools by the Texas Education
9	9	Agency related to public school educators and to certain allotments
10	10	under the Foundation School Program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 11.1513, Education Code, is amended by
13	13	adding Subsection (l) to read as follows:
14	14	(l) The employment policy must provide that:
15	15	(1) before the beginning of each school year, the
16	16	district shall provide a duty calendar for certain professional
17	17	staff as required by Section 11.15131; and
18	18	(2) for purposes of determining the amount of a
19	19	reduction in the salary of a classroom teacher, full-time
20	20	counselor, or full-time librarian for unpaid leave, the employee's
21	21	daily rate of pay is computed by dividing the employee's annual
22	22	salary by the number of days the employee is expected to work for
23	23	that school year as provided by the district's duty calendar
24	24	adopted under Section 11.15131.
25	25	SECTION 2. Subchapter D, Chapter 11, Education Code, is
26	26	amended by adding Section 11.15131 to read as follows:
27	27	Sec. 11.15131. DUTY CALENDAR FOR CERTAIN PROFESSIONAL
28	28	STAFF. (a) In this section, "supplemental duty" means a duty other
29	29	than a duty assigned under an employee's contract that is generally
30	30	expected to be performed during an instructional day and which may
31	31	be governed by an agreement, other than the employee's contract,
32	32	between the district and the employee.
33	33	(b) Not later than the 15th day before the first
34	34	instructional day of each school year, the board of trustees of a
35	35	school district shall adopt and provide to each classroom teacher,
36	36	full-time counselor, and full-time librarian employed by the
37	37	district a calendar that specifies the days each employee is
38	38	expected to work for that school year, including the days on which
39	39	the employee is expected to perform supplemental duties for more
40	40	than 30 minutes outside of the instructional day, and except for
41	41	days on which the employee may be required to spend time on an
42	42	unanticipated duty outside of the instructional day to comply with
43	43	a state or federal law.
44	44	SECTION 3. Section 21.054, Education Code, is amended by
45	45	amending Subsections (a) and (i) and adding Subsection (i-1) to
46	46	read as follows:
47	47	(a) The board shall propose rules establishing a process for
48	48	identifying continuing education courses and programs that fulfill
49	49	educators' continuing education requirements, including
50	50	opportunities for educators to receive micro-credentials, as
51	51	provided by Subsection (i), in:
52	52	(1) fields of study related to the educator's
53	53	certification class; or
54	54	(2) digital teaching [as provided by Subsection (i)].
55	55	(i) The board shall propose rules establishing a program to
56	56	issue micro-credentials in fields of study related to an educator's
57	57	certification class or in digital teaching. The agency shall
58	58	approve continuing education providers to offer micro-credential
59	59	courses. A micro-credential received by an educator shall be
60	60	recorded on the agency's Educator Certification Online System
61	61	(ECOS) and included as part of the educator's public certification
62	62	records.
63	63	(i-1) In proposing rules under Subsection (i) for
64	64	micro-credentials related to digital teaching, the board shall
65	65	engage relevant stakeholders.
66	66	SECTION 4. Section 21.105, Education Code, is amended by
67	67	amending Subsection (c) and adding Subsection (g) to read as
68	68	follows:
69	69	(c) Subject to Subsections (e), [and] (f), and (g), on
70	70	written complaint by the employing district, the State Board for
71	71	Educator Certification may impose sanctions against a teacher
72	72	employed under a probationary contract who:
73	73	(1) resigns;
74	74	(2) fails without good cause to comply with Subsection
75	75	(a) or (b); and
76	76	(3) fails to perform the contract.
77	77	(g) The State Board for Educator Certification may not
78	78	impose a sanction under Subsection (c) against a teacher who
79	79	relinquishes a position under a probationary contract and leaves
80	80	the employment of the district after the 45th day before the first
81	81	day of instruction of the upcoming school year in violation of
82	82	Subsection (a) and without the consent of the board of trustees
83	83	under Subsection (b) if the teacher's failure to comply with
84	84	Subsection (a) was due to:
85	85	(1) a serious illness or health condition of the
86	86	teacher or a close family member of the teacher;
87	87	(2) the teacher's relocation because the teacher's
88	88	spouse or a partner who resides with the teacher changes employers;
89	89	(3) a significant change in the needs of the teacher's
90	90	family in a manner that requires the teacher to:
91	91	(A) relocate; or
92	92	(B) forgo employment during a period of required
93	93	employment under the teacher's contract; or
94	94	(4) the teacher's reasonable belief that the teacher
95	95	had written permission from the school district's administration to
96	96	resign.
97	97	SECTION 5. Section 21.160, Education Code, is amended by
98	98	amending Subsection (c) and adding Subsection (g) to read as
99	99	follows:
100	100	(c) Subject to Subsections (e), [and] (f), and (g), on
101	101	written complaint by the employing district, the State Board for
102	102	Educator Certification may impose sanctions against a teacher who
103	103	is employed under a continuing contract that obligates the district
104	104	to employ the person for the following school year and who:
105	105	(1) resigns;
106	106	(2) fails without good cause to comply with Subsection
107	107	(a) or (b); and
108	108	(3) fails to perform the contract.
109	109	(g) The State Board for Educator Certification may not
110	110	impose a sanction under Subsection (c) against a teacher who
111	111	relinquishes a position under a continuing contract and leaves the
112	112	employment of the district after the 45th day before the first day
113	113	of instruction of the upcoming school year in violation of
114	114	Subsection (a) and without the consent of the board of trustees
115	115	under Subsection (b) if the teacher's failure to comply with
116	116	Subsection (a) was due to:
117	117	(1) a serious illness or health condition of the
118	118	teacher or a close family member of the teacher;
119	119	(2) the teacher's relocation because the teacher's
120	120	spouse or a partner who resides with the teacher changes employers;
121	121	(3) a significant change in the needs of the teacher's
122	122	family in a manner that requires the teacher to:
123	123	(A) relocate; or
124	124	(B) forgo employment during a period of required
125	125	employment under the teacher's contract; or
126	126	(4) the teacher's reasonable belief that the teacher
127	127	had written permission from the school district's administration to
128	128	resign.
129	129	SECTION 6. Section 21.210, Education Code, is amended by
130	130	amending Subsection (c) and adding Subsection (g) to read as
131	131	follows:
132	132	(c) Subject to Subsections (e), [and] (f), and (g), on
133	133	written complaint by the employing district, the State Board for
134	134	Educator Certification may impose sanctions against a teacher who
135	135	is employed under a term contract that obligates the district to
136	136	employ the person for the following school year and who:
137	137	(1) resigns;
138	138	(2) fails without good cause to comply with Subsection
139	139	(a) or (b); and
140	140	(3) fails to perform the contract.
141	141	(g) The State Board for Educator Certification may not
142	142	impose a sanction under Subsection (c) against a teacher who
143	143	relinquishes a position under a term contract and leaves the
144	144	employment of the district after the 45th day before the first day
145	145	of instruction of the upcoming school year in violation of
146	146	Subsection (a) and without the consent of the board of trustees
147	147	under Subsection (b) if the teacher's failure to comply with
148	148	Subsection (a) was due to:
149	149	(1) a serious illness or health condition of the
150	150	teacher or a close family member of the teacher;
151	151	(2) the teacher's relocation because the teacher's
152	152	spouse or a partner who resides with the teacher changes employers;
153	153	(3) a significant change in the needs of the teacher's
154	154	family in a manner that requires the teacher to:
155	155	(A) relocate; or
156	156	(B) forgo employment during a period of required
157	157	employment under the teacher's contract; or
158	158	(4) the teacher's reasonable belief that the teacher
159	159	had written permission from the school district's administration to
160	160	resign.
161	161	SECTION 7. Section 21.257, Education Code, is amended by
162	162	amending Subsection (a) and adding Subsection (f) to read as
163	163	follows:
164	164	(a) Except as provided by Subsection (f), not [Not] later
165	165	than the 60th day after the date on which the commissioner receives
166	166	a teacher's written request for a hearing, the hearing examiner
167	167	shall complete the hearing and make a written recommendation that:
168	168	(1) includes proposed findings of fact and conclusions
169	169	of law; and
170	170	(2) may include a proposal for granting relief.
171	171	(f) The hearing examiner may dismiss a hearing before
172	172	completing the hearing or making a written recommendation if:
173	173	(1) the teacher requests the dismissal;
174	174	(2) the school district withdraws the proposed
175	175	decision that is the basis of the hearing; or
176	176	(3) the teacher and school district request the
177	177	dismissal after reaching a settlement regarding the proposed
178	178	decision that is the basis of the hearing.
179	179	SECTION 8. Sections 21.3521(a), (c), and (e), Education
180	180	Code, are amended to read as follows:
181	181	(a) Subject to Subsection (b), a school district or
182	182	open-enrollment charter school may designate a classroom teacher as
183	183	a master, exemplary, [or] recognized, or acknowledged teacher for a
184	184	five-year period based on the results from single year or multiyear
185	185	appraisals that comply with Section 21.351 or 21.352.
186	186	(c) Notwithstanding performance standards established
187	187	under Subsection (b), a classroom teacher that holds a National
188	188	Board Certification issued by the National Board for Professional
189	189	Teaching Standards may be designated as nationally board certified
190	190	[recognized].
191	191	(e) The agency shall develop and provide technical
192	192	assistance for school districts and open-enrollment charter
193	193	schools that request assistance in implementing a local optional
194	194	teacher designation system, including:
195	195	(1) providing assistance in prioritizing high needs
196	196	campuses;
197	197	(2) providing examples or models of local optional
198	198	teacher designation systems to reduce the time required for a
199	199	district or school to implement a teacher designation system;
200	200	(3) establishing partnerships between districts and
201	201	schools that request assistance and districts and schools that have
202	202	implemented a teacher designation system;
203	203	(4) applying the performance and validity standards
204	204	established by the commissioner under Subsection (b);
205	205	(5) providing centralized support for the analysis of
206	206	the results of assessment instruments administered to district
207	207	students; and
208	208	(6) facilitating effective communication on and
209	209	promotion of local optional teacher designation systems.
210	210	SECTION 9. Subchapter I, Chapter 21, Education Code, is
211	211	amended by adding Sections 21.416 and 21.417 to read as follows:
212	212	Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
213	213	PROGRAM. (a) From funds appropriated or otherwise available, the
214	214	commissioner shall establish and administer a grant program to
215	215	award funds to reimburse a school district, an open-enrollment
216	216	charter school, the Windham School District, the Texas School for
217	217	the Deaf, or the Texas School for the Blind and Visually Impaired
218	218	that hires a teacher who retired before September 1, 2023, for the
219	219	increased contributions to the Teacher Retirement System
220	220	associated with hiring the retired teacher.
221	221	(b) In appropriating money for grants awarded under this
222	222	section, the legislature may provide for, modify, or limit amounts
223	223	appropriated for that purpose in the General Appropriations Act,
224	224	including by:
225	225	(1) providing, notwithstanding Subsection (a), a date
226	226	or date range other than September 1, 2023, before which a teacher
227	227	must have retired for a school district, an open-enrollment charter
228	228	school, the Windham School District, the Texas School for the Deaf,
229	229	or the Texas School for the Blind and Visually Impaired that hires
230	230	the teacher to be eligible; or
231	231	(2) limiting eligibility to a district or school
232	232	described by Subdivision (1) that hires a retired teacher:
233	233	(A) who holds a certain certification;
234	234	(B) to teach a certain subject or grade;
235	235	(C) in a certain geographical area; or
236	236	(D) to provide instruction to certain students,
237	237	including to students with disabilities.
238	238	(c) The commissioner shall proportionally reduce the amount
239	239	of funds awarded to school districts, open-enrollment charter
240	240	schools, the Windham School District, the Texas School for the
241	241	Deaf, and the Texas School for the Blind and Visually Impaired under
242	242	this section if the number of grant applications by eligible
243	243	districts or schools exceeds the number of grants the commissioner
244	244	could award with the money appropriated or otherwise available for
245	245	the purpose.
246	246	(d) A school district, an open-enrollment charter school,
247	247	the Windham School District, the Texas School for the Deaf, or the
248	248	Texas School for the Blind and Visually Impaired may use funds
249	249	received under this section to make required payments under Section
250	250	825.4092, Government Code.
251	251	Sec. 21.417. RESOURCES, INCLUDING LIABILITY INSURANCE, FOR
252	252	CLASSROOM TEACHERS. (a) From funds appropriated or otherwise
253	253	available for the purpose, the agency shall contract with a third
254	254	party to provide the following services for a classroom teacher
255	255	employed under a probationary, continuing, or term contract:
256	256	(1) assistance in understanding the teacher's rights,
257	257	duties, and benefits; and
258	258	(2) liability insurance to protect a teacher against
259	259	liability to a third party based on conduct that the teacher
260	260	allegedly engaged in during the course of the teacher's duties.
261	261	(b) A school district may not interfere with a classroom
262	262	teacher's access to services provided under this section.
263	263	(c) A contract entered into by the agency to provide
264	264	services under Subsection (a) must prohibit the entity with which
265	265	the agency contracts from using funds received under the contract
266	266	to engage in:
267	267	(1) conduct that a state agency using appropriated
268	268	money is prohibited from engaging in under Chapter 556, Government
269	269	Code; and
270	270	(2) political activities or advocacy for issues
271	271	regarding public schools, including for boards of trustees of
272	272	school districts or school districts.
273	273	(d) This section may not be interpreted to interfere with a
274	274	classroom teacher's or other school district employee's exercise of
275	275	a right protected by the First Amendment to the United States
276	276	Constitution.
277	277	SECTION 10. Subchapter J, Chapter 21, Education Code, is
278	278	amended by adding Sections 21.466, 21.467, and 21.468 to read as
279	279	follows:
280	280	Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
281	281	appropriated or otherwise available for the purpose, the agency
282	282	shall develop training for and provide technical assistance to
283	283	school districts and open-enrollment charter schools regarding:
284	284	(1) strategic compensation, staffing, and scheduling
285	285	efforts that improve professional growth, teacher leadership
286	286	opportunities, and staff retention;
287	287	(2) programs that encourage high school students or
288	288	other members of the community in the area served by the district to
289	289	become teachers, including available teacher apprenticeship
290	290	programs; and
291	291	(3) programs or strategies that school leaders may use
292	292	to establish clear and attainable behavior expectations while
293	293	proactively supporting students.
294	294	(b) From funds appropriated or otherwise available, the
295	295	agency shall provide grants to school districts and open-enrollment
296	296	charter schools to implement initiatives developed under this
297	297	section.
298	298	Sec. 21.467. TEACHER TIME STUDY. (a) From funds
299	299	appropriated or otherwise available for the purpose, the agency
300	300	shall develop and maintain a technical assistance program to
301	301	support school districts and open-enrollment charter schools in:
302	302	(1) studying how the district's or school's staff and
303	303	student schedules, required noninstructional duties for classroom
304	304	teachers, and professional development requirements for educators
305	305	are affecting the amount of time classroom teachers work each week;
306	306	and
307	307	(2) refining the schedules for students or staff as
308	308	necessary to ensure teachers have sufficient time during normal
309	309	work hours to fulfill all job duties, including addressing the
310	310	needs of students.
311	311	(b) The agency shall periodically make findings and
312	312	recommendations for best practices publicly available using
313	313	information from participating school districts and
314	314	open-enrollment charter schools.
315	315	Sec. 21.468. TEACHER POSITION INFORMATION. The agency
316	316	shall collect data to address teacher retention and recruitment,
317	317	including the classifications, grade levels, subject areas,
318	318	duration, and other relevant data relating to vacancies in teaching
319	319	positions. The data may be collected through the Public Education
320	320	Information Management System (PEIMS) or another electronic
321	321	reporting mechanism, as determined by the agency.
322	322	SECTION 11. Chapter 21, Education Code, is amended by
323	323	adding Subchapter R to read as follows:
324	324	SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
325	325	Sec. 21.901. DEFINITIONS. In this subchapter:
326	326	(1) "Board" means the State Board for Educator
327	327	Certification.
328	328	(2) "Cooperating teacher" means a classroom teacher
329	329	who:
330	330	(A) meets the qualifications for assignment as a
331	331	mentor under Section 21.458; and
332	332	(B) is employed by a school district or
333	333	open-enrollment charter school participating in a partnership
334	334	program under this subchapter and paired with a partnership
335	335	resident at the district or school.
336	336	(3) "Partnership program" means a Texas Teacher
337	337	Residency Partnership Program established at a school district or
338	338	open-enrollment charter school in accordance with this subchapter.
339	339	(4) "Partnership resident" means a person enrolled in
340	340	a qualified educator preparation program participating in a
341	341	partnership program as a candidate for educator certification.
342	342	(5) "Qualified educator preparation program" means an
343	343	educator preparation program approved in accordance with rules
344	344	proposed under Section 21.903.
345	345	Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
346	346	The commissioner shall establish the Texas Teacher Residency
347	347	Partnership Program to enable qualified educator preparation
348	348	programs to form partnerships with school districts or
349	349	open-enrollment charter schools to provide residency positions to
350	350	partnership residents at the district or school.
351	351	(b) The partnership program must be designed to:
352	352	(1) allow partnership residents to receive
353	353	field-based experience working with classroom teachers in
354	354	prekindergarten through grade 12 classrooms; and
355	355	(2) gradually increase the amount of time a
356	356	partnership resident spends engaging in instructional
357	357	responsibilities, including observation, co-teaching, and
358	358	lead-teaching responsibilities.
359	359	Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
360	360	board shall propose rules specifying the requirements for board
361	361	approval of an educator preparation program as a qualified educator
362	362	preparation program for purposes of this subchapter. The rules
363	363	must require an educator preparation program to:
364	364	(1) use research-based best practices for recruiting
365	365	and admitting candidates into the educator preparation program to
366	366	participate in the partnership program;
367	367	(2) integrate curriculum, classroom practice, and
368	368	formal observation and feedback;
369	369	(3) use multiple assessments to measure a partnership
370	370	resident's progress in the partnership program; and
371	371	(4) partner with a school district or open-enrollment
372	372	charter school.
373	373	Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
374	374	SCHOOLS. (a) A school district or open-enrollment charter school
375	375	participating in the partnership program shall:
376	376	(1) enter into a written agreement with a qualified
377	377	educator preparation program to:
378	378	(A) provide a partnership resident with at least
379	379	one school year of clinical teaching in a residency position at the
380	380	district or school in the subject area and grade level for which the
381	381	resident seeks certification; and
382	382	(B) pair the partnership resident with a
383	383	cooperating teacher;
384	384	(2) specify the amount of money the district receives
385	385	under Section 48.157 that the district will provide to the program;
386	386	(3) only use money received under Section 48.157 to:
387	387	(A) implement the partnership program; and
388	388	(B) provide compensation to:
389	389	(i) partnership residents in residency
390	390	positions at the district or school; and
391	391	(ii) cooperating teachers who are paired
392	392	with partnership residents at the district or school;
393	393	(4) pay at least 50 percent of the compensation paid to
394	394	partnership residents using money other than money received under
395	395	Section 48.157; and
396	396	(5) provide any information required by the agency
397	397	regarding the district's or school's implementation of the program.
398	398	(b) A school district or open-enrollment charter school may
399	399	only pair a partnership resident with a cooperating teacher who
400	400	agrees to participate in that role in a partnership program at the
401	401	district or school partnership program.
402	402	(c) A partnership resident may not serve as a teacher of
403	403	record, as that term is defined by Section 21.051.
404	404	Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
405	405	shall propose rules specifying the requirements for the issuance of
406	406	a residency educator certificate to a candidate who has
407	407	successfully completed a qualified educator preparation program
408	408	under Section 21.903.
409	409	Sec. 21.906. AGENCY SUPPORT. The agency shall provide
410	410	technical assistance, planning, and support to school districts,
411	411	open-enrollment charter schools, and qualified educator
412	412	preparation programs, which must include:
413	413	(1) providing model forms and agreements a district,
414	414	school, or educator preparation program may use to comply with the
415	415	requirements of this subchapter; and
416	416	(2) support for district and school strategic staffing
417	417	and compensation models to incentivize participation in a
418	418	partnership program.
419	419	Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
420	420	commissioner may solicit and accept gifts, grants, and donations
421	421	from public and private entities to use for the purposes of this
422	422	subchapter.
423	423	Sec. 21.908. RULES. (a) The board shall propose rules
424	424	necessary to implement this subchapter, including rules under
425	425	Sections 21.903 and 21.905.
426	426	(b) The commissioner shall adopt rules as necessary to
427	427	implement this subchapter.
428	428	SECTION 12. The heading to Section 22.001, Education Code,
429	429	is amended to read as follows:
430	430	Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER
431	431	DUES.
432	432	SECTION 13. Sections 22.001(a) and (b), Education Code, are
433	433	amended to read as follows:
434	434	(a) A school district employee is entitled to have an amount
435	435	deducted from the employee's salary for membership fees or dues to a
436	436	professional organization or an entity providing services to
437	437	classroom teachers under Section 21.417. The employee must:
438	438	(1) file with the district a signed written request
439	439	identifying the organization or entity [and specifying the number
440	440	of pay periods per year the deductions are to be made]; and
441	441	(2) inform the district of the total amount of the fees
442	442	and dues for each year or have the organization or entity notify the
443	443	district of the amount.
444	444	(b) The district shall deduct the total amount of the fees
445	445	or dues for a year in equal amounts per pay period [for the number of
446	446	periods specified by the employee]. The district shall notify the
447	447	employee not later than the 45th day after the district receives a
448	448	request under Subsection (a) of the number of pay periods annually
449	449	from which the district will deduct the fees or dues. The
450	450	deductions shall be made until the employee requests in writing
451	451	that the deductions be discontinued.
452	452	SECTION 14. Section 29.153(b), Education Code, is amended
453	453	to read as follows:
454	454	(b) A child is eligible for enrollment in a prekindergarten
455	455	class under this section if the child is at least three years of age
456	456	and:
457	457	(1) is unable to speak and comprehend the English
458	458	language;
459	459	(2) is educationally disadvantaged;
460	460	(3) is homeless, regardless of the residence of the
461	461	child, of either parent of the child, or of the child's guardian or
462	462	other person having lawful control of the child;
463	463	(4) is the child of an active duty member of the armed
464	464	forces of the United States, including the state military forces or
465	465	a reserve component of the armed forces, who is ordered to active
466	466	duty by proper authority;
467	467	(5) is the child of a member of the armed forces of the
468	468	United States, including the state military forces or a reserve
469	469	component of the armed forces, who was injured or killed while
470	470	serving on active duty;
471	471	(6) is or ever has been in:
472	472	(A) the conservatorship of the Department of
473	473	Family and Protective Services following an adversary hearing held
474	474	as provided by Section 262.201, Family Code; or
475	475	(B) foster care in another state or territory, if
476	476	the child resides in this state; [or]
477	477	(7) is the child of a person eligible for the Star of
478	478	Texas Award as:
479	479	(A) a peace officer under Section 3106.002,
480	480	Government Code;
481	481	(B) a firefighter under Section 3106.003,
482	482	Government Code; or
483	483	(C) an emergency medical first responder under
484	484	Section 3106.004, Government Code; or
485	485	(8) is the child of a person employed as a classroom
486	486	teacher at a public primary or secondary school in the school
487	487	district that offers a prekindergarten class under this section.
488	488	SECTION 15. Section 37.002, Education Code, is amended by
489	489	amending Subsections (b), (c), and (d) and adding Subsections
490	490	(b-2), (e-1), and (f) to read as follows:
491	491	(b) A teacher may remove from class a student who:
492	492	(1) interferes [who has been documented by the teacher
493	493	to repeatedly interfere] with the teacher's ability to communicate
494	494	effectively with the students in the class or with the ability of
495	495	the student's classmates to learn; [or]
496	496	(2) demonstrates [whose] behavior that is unruly,
497	497	disruptive, or abusive toward the teacher, another adult, or
498	498	another student; or
499	499	(3) engages in conduct that constitutes bullying, as
500	500	defined by Section 37.0832 [determines is so unruly, disruptive, or
501	501	abusive that it seriously interferes with the teacher's ability to
502	502	communicate effectively with the students in the class or with the
503	503	ability of the student's classmates to learn].
504	504	(b-2) A teacher, campus behavior coordinator, or other
505	505	appropriate administrator shall notify a parent or person standing
506	506	in parental relation to a student of the removal of a student under
507	507	this section.
508	508	(c) If a teacher removes a student from class under
509	509	Subsection (b), the principal may place the student into another
510	510	appropriate classroom, into in-school suspension, or into a
511	511	disciplinary alternative education program as provided by Section
512	512	37.008. The principal may not return the student to that teacher's
513	513	class without the teacher's written consent unless the committee
514	514	established under Section 37.003 determines that such placement is
515	515	the best or only alternative available. The principal may not
516	516	return the student to that teacher's class, regardless of the
517	517	teacher's consent, until a return to class plan has been prepared
518	518	for that student. The principal may only designate an employee of
519	519	the school whose primary duties do not include classroom
520	520	instruction to create a return to class plan. The terms of the
521	521	removal may prohibit the student from attending or participating in
522	522	school-sponsored or school-related activity.
523	523	(d) A teacher shall remove from class and send to the
524	524	principal for placement in a disciplinary alternative education
525	525	program or for expulsion, as appropriate, a student who engages in
526	526	conduct described under Section 37.006 or 37.007. The student may
527	527	not be returned to that teacher's class without the teacher's
528	528	written consent unless the committee established under Section
529	529	37.003 determines that such placement is the best or only
530	530	alternative available. If the teacher removed the student from
531	531	class because the student has engaged in the elements of any offense
532	532	listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or
533	533	(b)(2)(C) against the teacher, the student may not be returned to
534	534	the teacher's class without the teacher's consent. The teacher may
535	535	not be coerced to consent.
536	536	(e-1) A student may appeal the student's removal from class
537	537	under this section to:
538	538	(1) the school's placement review committee
539	539	established under Section 37.003; or
540	540	(2) the safe and supportive school team established
541	541	under Section 37.115, in accordance with a district policy
542	542	providing for such an appeal to be made to the team.
543	543	(f) Section 37.004 applies to the removal or placement under
544	544	this section of a student with a disability who receives special
545	545	education services.
546	546	SECTION 16. Section 48.114, Education Code, is amended by
547	547	amending Subsection (a) and adding Subsection (d) to read as
548	548	follows:
549	549	(a) A school district [that has implemented a mentoring
550	550	program for classroom teachers who have less than two years of
551	551	teaching experience under Section 21.458] is entitled to an
552	552	allotment [as determined under Subsection (b)] to fund a [the]
553	553	mentoring program and to provide stipends for mentor teachers if:
554	554	(1) the district has implemented a mentoring program
555	555	for classroom teachers under Section 21.458; and
556	556	(2) the mentor teachers assigned under that program
557	557	complete a training program that is required or developed by the
558	558	agency for mentor teachers.
559	559	(d) A school district is entitled to an allotment of $2,000
560	560	for each classroom teacher with less than two years of experience
561	561	who participates in a mentoring program described by Subsection
562	562	(a). A district may receive an allotment under this section for no
563	563	more than 40 teachers during a school year unless an appropriation
564	564	is made for the purposes of providing a greater number of allotments
565	565	per district.
566	566	SECTION 17. Subchapter D, Chapter 48, Education Code, is
567	567	amended by adding Sections 48.157 and 48.158 to read as follows:
568	568	Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
569	569	section, "partnership program" and "partnership resident" have the
570	570	meanings assigned by Section 21.901.
571	571	(b) For each partnership resident employed at a district in
572	572	a residency position under Subchapter R, Chapter 21, the district
573	573	is entitled to an allotment equal to a base amount of $22,000
574	574	increased by the high needs and rural factor, as determined under
575	575	Subsection (c), to an amount not to exceed $42,000.
576	576	(c) The high needs and rural factor is determined by
577	577	multiplying $5,000 by the lesser of:
578	578	(1) the average of the point value assigned to each
579	579	student at a district campus under Section 48.112(d); or
580	580	(2) 4.0.
581	581	(d) In addition to the funding under Subsection (b), a
582	582	district that qualifies for an allotment under this section is
583	583	entitled to an additional $2,000 for each partnership resident
584	584	employed in a residency position at the district who is a candidate
585	585	for special education certification.
586	586	(e) The Texas School for the Deaf and the Texas School for
587	587	the Blind and Visually Impaired are entitled to an allotment under
588	588	this section. If the commissioner determines that assigning point
589	589	values under Subsection (c) to students enrolled in the Texas
590	590	School for the Deaf or the Texas School for the Blind and Visually
591	591	Impaired is impractical, the commissioner may use the average point
592	592	value assigned for those students' home districts for purposes of
593	593	calculating the high needs and rural factor.
594	594	Sec. 48.158. FUNDING FOR CERTAIN CERTIFICATIONS. (a) A
595	595	school district is entitled to the cost of certification
596	596	examination fees for each classroom teacher who received a
597	597	certification in special education or bilingual education in the
598	598	preceding school year. From money received under this section, the
599	599	district shall reimburse each teacher who received a certification
600	600	in special education or bilingual education during the preceding
601	601	school year the cost of certification examination fees associated
602	602	with that certification.
603	603	(b) Reimbursement received by a classroom teacher under
604	604	this section may not be considered when calculating the teacher's
605	605	salary for the purposes of Section 21.402.
606	606	SECTION 18. The following provisions are repealed:
607	607	(1) Section 21.042, Education Code;
608	608	(2) Subchapter Q, Chapter 21, Education Code;
609	609	(3) Section 37.002(e), Education Code;
610	610	(4) Section 48.114(b), Education Code; and
611	611	(5) Section 825.4092(f), Government Code.
612	612	SECTION 19. (a) The legislature finds that:
613	613	(1) the Windfall Elimination Provision was enacted in
614	614	1983 to equalize the earned social security benefits of workers who
615	615	spend part of their careers in exempt public service and workers who
616	616	spend their entire careers participating in social security;
617	617	(2) the Windfall Elimination Provision reduces the
618	618	social security benefits of public servants who have received a
619	619	pension that is not subject to social security taxes, including
620	620	thousands of teachers in Texas as well as the spouses and children
621	621	of these public servants;
622	622	(3) the flawed application of the Windfall Elimination
623	623	Provision diminishes Texans' retirement security and fails to
624	624	recognize their rightfully earned social security and public
625	625	pension benefits;
626	626	(4) for years, the United States Congress has failed
627	627	to act to remove this detriment to many citizens of Texas, including
628	628	teachers; and
629	629	(5) the United States Congress should take swift
630	630	action to replace the Windfall Elimination Provision with a more
631	631	fair and just formula that accurately reflects the contributions of
632	632	all American workers to the social security system.
633	633	(b) As soon as practicable after the effective date of this
634	634	Act, the secretary of the Senate shall forward official copies of
635	635	the legislative findings under Subsection (a) of this section to
636	636	the president of the United States, to the president of the Senate
637	637	and the speaker of the House of Representatives of the United States
638	638	Congress, and to all the members of the Texas delegation to
639	639	Congress.
640	640	SECTION 20. Section 21.257(f), Education Code, as added by
641	641	this Act, applies only to a hearing before a hearing examiner
642	642	commenced on or after the effective date of this Act.
643	643	SECTION 21. Immediately following the effective date of
644	644	this Act, a school district or open-enrollment charter school shall
645	645	redesignate a teacher who holds a designation made under Section
646	646	21.3521, Education Code, before the effective date of this Act, to
647	647	reflect the teacher's designation under Section 21.3521, Education
648	648	Code, as amended by this Act.
649	649	SECTION 22. Notwithstanding Section 21.903, Education
650	650	Code, as added by this Act, until the State Board for Educator
651	651	Certification adopts rules specifying the requirements for
652	652	approval of an educator preparation program as a qualified educator
653	653	preparation program as required by that section, the commissioner
654	654	of education may approve a program as a qualified educator
655	655	preparation program for purposes of Subchapter R, Chapter 21,
656	656	Education Code, as added by this Act, if the commissioner
657	657	determines that the program meets the requirements under Section
658	658	21.903, Education Code, as added by this Act. An educator
659	659	preparation program's designation as a qualified educator
660	660	preparation program by the commissioner under this section remains
661	661	effective until the first anniversary of the adoption of rules by
662	662	the State Board for Educator Certification under Section 21.903,
663	663	Education Code, as added by this Act.
664	664	SECTION 23. (a) Except as provided by Subsection (b) of
665	665	this section, this Act takes effect immediately if it receives a
666	666	vote of two-thirds of all the members elected to each house, as
667	667	provided by Section 39, Article III, Texas Constitution. If this
668	668	Act does not receive the vote necessary for immediate effect, this
669	669	Act takes effect on the 91st day after the last day of the
670	670	legislative session.
671	671	(b) Section 48.114, Education Code, as amended by this Act,
672	672	and Sections 48.157 and 48.158, Education Code, as added by this
673	673	Act, take effect September 1, 2024.