| 1 | 1 | | By: Creighton, et al. S.B. No. 2 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a local optional teacher designation system implemented |
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| 7 | 7 | | by a school district, the basic allotment and guaranteed yield |
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| 8 | 8 | | under the public school finance system, and certain allotments |
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| 9 | 9 | | under the Foundation School Program; making an appropriation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 21.3521(a), (c), and (e), Education |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) Subject to Subsection (b), a school district or |
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| 14 | 14 | | open-enrollment charter school may designate a classroom teacher as |
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| 15 | 15 | | a master, exemplary, [or] recognized, or acknowledged teacher for a |
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| 16 | 16 | | five-year period based on the results from single year or multiyear |
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| 17 | 17 | | appraisals that comply with Section 21.351 or 21.352. |
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| 18 | 18 | | (c) Notwithstanding performance standards established |
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| 19 | 19 | | under Subsection (b), a classroom teacher that holds a National |
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| 20 | 20 | | Board Certification issued by the National Board for Professional |
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| 21 | 21 | | Teaching Standards may be designated as nationally board certified |
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| 22 | 22 | | [recognized]. |
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| 23 | 23 | | (e) The agency shall develop and provide technical |
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| 24 | 24 | | assistance for school districts and open-enrollment charter |
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| 25 | 25 | | schools that request assistance in implementing a local optional |
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| 26 | 26 | | teacher designation system, including: |
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| 27 | 27 | | (1) providing assistance in prioritizing high needs |
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| 28 | 28 | | campuses; |
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| 29 | 29 | | (2) providing examples or models of local optional |
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| 30 | 30 | | teacher designation systems to reduce the time required for a |
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| 31 | 31 | | district or school to implement a teacher designation system; |
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| 32 | 32 | | (3) establishing partnerships between districts and |
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| 33 | 33 | | schools that request assistance and districts and schools that have |
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| 34 | 34 | | implemented a teacher designation system; |
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| 35 | 35 | | (4) applying the performance and validity standards |
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| 36 | 36 | | established by the commissioner under Subsection (b); |
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| 37 | 37 | | (5) providing centralized support for the analysis of |
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| 38 | 38 | | the results of assessment instruments administered to district |
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| 39 | 39 | | students; and |
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| 40 | 40 | | (6) facilitating effective communication on and |
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| 41 | 41 | | promotion of local optional teacher designation systems. |
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| 42 | 42 | | SECTION 2. Subchapter H, Chapter 21, Education Code, is |
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| 43 | 43 | | amended by adding Section 21.3522 to read as follows: |
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| 44 | 44 | | Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM |
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| 45 | 45 | | GRANT PROGRAM. (a) From funds appropriated or otherwise |
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| 46 | 46 | | available for the purpose, the agency shall establish and |
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| 47 | 47 | | administer a grant program to provide money and technical |
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| 48 | 48 | | assistance to: |
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| 49 | 49 | | (1) expand implementation of local optional teacher |
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| 50 | 50 | | designation systems under Section 21.3521; |
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| 51 | 51 | | (2) increase the number of classroom teachers eligible |
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| 52 | 52 | | for a designation under that section; and |
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| 53 | 53 | | (3) increase the salaries paid to classroom teachers |
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| 54 | 54 | | employed by school districts or open-enrollment charter schools |
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| 55 | 55 | | that have established or are seeking to establish a designation |
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| 56 | 56 | | system under that section. |
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| 57 | 57 | | (b) A grant awarded under this section must: |
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| 58 | 58 | | (1) meet the needs of individual school districts; and |
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| 59 | 59 | | (2) enable regional leadership capacity. |
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| 60 | 60 | | SECTION 3. Section 48.051(a), Education Code, is amended to |
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| 61 | 61 | | read as follows: |
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| 62 | 62 | | (a) For each student in average daily attendance, not |
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| 63 | 63 | | including the time students spend each day in special education |
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| 64 | 64 | | programs in an instructional arrangement other than mainstream or |
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| 65 | 65 | | career and technology education programs, for which an additional |
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| 66 | 66 | | allotment is made under Subchapter C, a district is entitled to an |
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| 67 | 67 | | allotment equal to [the lesser of $6,160 or] the amount that results |
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| 68 | 68 | | from the following formula: |
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| 69 | 69 | | A = B [$6,160] X TR/MCR |
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| 70 | 70 | | where: |
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| 71 | 71 | | "A" is the allotment to which a district is entitled; |
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| 72 | 72 | | "B" is the base amount, which equals the greatest of: |
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| 73 | 73 | | (1) $6,235; |
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| 74 | 74 | | (2) an amount equal to the district's base amount under |
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| 75 | 75 | | this section for the preceding school year; or |
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| 76 | 76 | | (3) the amount appropriated under Subsection (b); |
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| 77 | 77 | | "TR" is the district's tier one maintenance and operations |
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| 78 | 78 | | tax rate, as provided by Section 45.0032; and |
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| 79 | 79 | | "MCR" is the district's maximum compressed tax rate, as |
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| 80 | 80 | | determined under Section 48.2551. |
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| 81 | 81 | | SECTION 4. Sections 48.112(c) and (d), Education Code, are |
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| 82 | 82 | | amended to read as follows: |
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| 83 | 83 | | (c) For each classroom teacher with a teacher designation |
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| 84 | 84 | | under Section 21.3521 employed by a school district, the school |
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| 85 | 85 | | district is entitled to an allotment equal to the following |
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| 86 | 86 | | applicable base amount increased by the high needs and rural factor |
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| 87 | 87 | | as determined under Subsection (d): |
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| 88 | 88 | | (1) $12,000, or an increased amount not to exceed |
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| 89 | 89 | | $36,000 [$32,000] as determined under Subsection (d), for each |
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| 90 | 90 | | master teacher; |
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| 91 | 91 | | (2) $9,000 [$6,000], or an increased amount not to |
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| 92 | 92 | | exceed $25,000 [$18,000] as determined under Subsection (d), for |
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| 93 | 93 | | each exemplary teacher; [and] |
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| 94 | 94 | | (3) $5,000 [$3,000], or an increased amount not to |
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| 95 | 95 | | exceed $15,000 [$9,000] as determined under Subsection (d), for |
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| 96 | 96 | | each recognized teacher; and |
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| 97 | 97 | | (4) $3,000, or an increased amount not to exceed |
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| 98 | 98 | | $9,000 as determined under Subsection (d), for each: |
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| 99 | 99 | | (A) acknowledged teacher; or |
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| 100 | 100 | | (B) nationally board certified teacher. |
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| 101 | 101 | | (d) The high needs and rural factor is determined by |
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| 102 | 102 | | multiplying the following applicable amounts by the average of the |
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| 103 | 103 | | point value assigned to each student at a district campus under |
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| 104 | 104 | | Subsection (e): |
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| 105 | 105 | | (1) $6,000 [$5,000] for each master teacher; |
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| 106 | 106 | | (2) $4,000 [$3,000] for each exemplary teacher; [and] |
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| 107 | 107 | | (3) $2,500 [$1,500] for each recognized teacher; and |
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| 108 | 108 | | (4) $1,500 for each: |
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| 109 | 109 | | (A) acknowledged teacher; or |
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| 110 | 110 | | (B) nationally board certified teacher. |
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| 111 | 111 | | SECTION 5. Section 48.115(a), Education Code, is amended to |
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| 112 | 112 | | read as follows: |
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| 113 | 113 | | (a) Except as provided by Subsection (a-1), a school |
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| 114 | 114 | | district is entitled to an annual allotment equal to the sum of the |
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| 115 | 115 | | following amounts or a greater amount provided by appropriation: |
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| 116 | 116 | | (1) $20 [$10] for each student in average daily |
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| 117 | 117 | | attendance, plus $1 for each student in average daily attendance |
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| 118 | 118 | | per every $50 by which the district's maximum basic allotment under |
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| 119 | 119 | | Section 48.051 exceeds the greater of $6,235 or the amount equal to |
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| 120 | 120 | | the district's base amount, as defined by Section 48.051(a), for |
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| 121 | 121 | | the preceding school year [$6,160], prorated as necessary; and |
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| 122 | 122 | | (2) $30,000 [$15,000] per campus. |
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| 123 | 123 | | SECTION 6. Section 48.202(a-1), Education Code, is amended |
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| 124 | 124 | | to read as follows: |
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| 125 | 125 | | (a-1) For purposes of Subsection (a), the dollar amount |
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| 126 | 126 | | guaranteed level of state and local funds per weighted student per |
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| 127 | 127 | | cent of tax effort ("GL") for a school district is: |
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| 128 | 128 | | (1) the greater of the amount of district tax revenue |
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| 129 | 129 | | per weighted student per cent of tax effort available to a school |
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| 130 | 130 | | district at the 96th percentile of wealth per weighted student or |
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| 131 | 131 | | the amount that results from multiplying the maximum amount of the |
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| 132 | 132 | | basic allotment provided under Section 48.051 for the applicable |
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| 133 | 133 | | school year [6,160, or the greater amount provided under Section |
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| 134 | 134 | | 48.051(b), if applicable,] by 0.016, for the first eight cents by |
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| 135 | 135 | | which the district's maintenance and operations tax rate exceeds |
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| 136 | 136 | | the district's tier one tax rate; and |
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| 137 | 137 | | (2) subject to Subsection (f), the amount that results |
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| 138 | 138 | | from multiplying the maximum amount of the basic allotment provided |
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| 139 | 139 | | under Section 48.051 for the applicable school year [$6,160, or the |
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| 140 | 140 | | greater amount provided under Section 48.051(b), if applicable,] by |
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| 141 | 141 | | 0.008, for the district's maintenance and operations tax effort |
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| 142 | 142 | | that exceeds the amount of tax effort described by Subdivision (1). |
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| 143 | 143 | | SECTION 7. Sections 48.277(c-1), (d), and (e), Education |
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| 144 | 144 | | Code, are amended to read as follows: |
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| 145 | 145 | | (c-1) Notwithstanding any other provision of this chapter, |
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| 146 | 146 | | beginning with the 2024-2025 [2021-2022] school year, if the total |
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| 147 | 147 | | amount of allotments to which school districts and open-enrollment |
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| 148 | 148 | | charter schools are entitled under this section for a school year |
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| 149 | 149 | | exceeds $65 [$400] million, the commissioner shall proportionately |
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| 150 | 150 | | reduce each district's or school's allotment under this |
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| 151 | 151 | | section. The reduction in the amount to which a district or school |
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| 152 | 152 | | is entitled under this section may not result in an amount that is |
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| 153 | 153 | | less than zero. |
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| 154 | 154 | | (d) A school district or open-enrollment charter school is |
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| 155 | 155 | | not entitled to an allotment under Subsection (a) beginning with |
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| 156 | 156 | | the 2025-2026 [2024-2025] school year. |
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| 157 | 157 | | (e) This section expires September 1, 2026 [2025]. |
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| 158 | 158 | | SECTION 8. Subchapter G, Chapter 48, Education Code, is |
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| 159 | 159 | | amended by adding Sections 48.310 and 48.311 to read as follows: |
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| 160 | 160 | | Sec. 48.310. TEACHER RETENTION ALLOTMENT. (a) In this |
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| 161 | 161 | | section, "classroom teacher" has the meaning assigned by Section |
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| 162 | 162 | | 5.001, except that the term also includes a person who is not |
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| 163 | 163 | | required to hold a certificate issued under Subchapter B, Chapter |
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| 164 | 164 | | 21, who otherwise meets the definition of a classroom teacher under |
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| 165 | 165 | | that section. |
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| 166 | 166 | | (b) A school district is entitled to an annual allotment for |
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| 167 | 167 | | each classroom teacher employed by the district in the school year |
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| 168 | 168 | | for which the allotment is provided as follows: |
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| 169 | 169 | | (1) if the district has 5,000 or fewer students |
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| 170 | 170 | | enrolled for that school year, $10,000 per classroom teacher; and |
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| 171 | 171 | | (2) if the district has more than 5,000 students |
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| 172 | 172 | | enrolled for that school year, $3,000 per classroom teacher. |
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| 173 | 173 | | (b-1) In addition to the amount under Subsection (b)(2), a |
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| 174 | 174 | | school district described by that subdivision is entitled to an |
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| 175 | 175 | | allotment in the amount equal to $7,000 multiplied by the result of |
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| 176 | 176 | | dividing 5,000 by 14.5 if the school district received an allotment |
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| 177 | 177 | | in a previous school year under: |
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| 178 | 178 | | (1) Subsection (b)(1); or |
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| 179 | 179 | | (2) Section 48.311(b)(1), as that section existed on |
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| 180 | 180 | | the date it was enacted. |
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| 181 | 181 | | (c) For the 2024-2025 school year, a school district shall |
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| 182 | 182 | | use money received under Subsection (b) to increase the salary |
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| 183 | 183 | | provided to each classroom teacher in the district for that year |
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| 184 | 184 | | over the salary the teacher received or would have received if |
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| 185 | 185 | | employed by the district in the 2023-2024 school year by at least |
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| 186 | 186 | | the amount received per classroom teacher under Subsection (b). |
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| 187 | 187 | | (d) For the 2025-2026 and each subsequent school year, a |
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| 188 | 188 | | school district shall use money received under Subsection (b) to |
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| 189 | 189 | | maintain the salary increases for classroom teachers provided under |
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| 190 | 190 | | Subsection (c). Any additional funding generated for a school |
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| 191 | 191 | | district under this section may only be used for the compensation of |
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| 192 | 192 | | classroom teachers employed by the district. |
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| 193 | 193 | | (e) Notwithstanding any other law, the commissioner shall |
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| 194 | 194 | | exclude the funding to which a school district is entitled under |
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| 195 | 195 | | this section for purposes of: |
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| 196 | 196 | | (1) determining the amount by which the district must |
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| 197 | 197 | | reduce the district's tier one revenue level under Section 48.257; |
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| 198 | 198 | | and |
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| 199 | 199 | | (2) calculating a school district's maintenance and |
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| 200 | 200 | | operations revenue under Section 48.277(a). |
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| 201 | 201 | | Sec. 48.311. TEACHER RETENTION BONUS FOR 2023-2024 SCHOOL |
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| 202 | 202 | | YEAR. (a) In this section, "classroom teacher" has the meaning |
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| 203 | 203 | | assigned by Section 48.310. |
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| 204 | 204 | | (b) A school district is entitled to a one-time payment for |
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| 205 | 205 | | each classroom teacher employed by the district during the |
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| 206 | 206 | | 2023-2024 school year in the following amount: |
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| 207 | 207 | | (1) if the district has 5,000 or fewer students |
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| 208 | 208 | | enrolled for that school year, $10,000 per classroom teacher; and |
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| 209 | 209 | | (2) if the district has more than 5,000 students |
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| 210 | 210 | | enrolled for that school year, $3,000 per classroom teacher. |
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| 211 | 211 | | (c) A school district shall use money received under |
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| 212 | 212 | | Subsection (b) to provide a bonus payment in the amount received per |
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| 213 | 213 | | classroom teacher under Subsection (b) to each classroom teacher in |
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| 214 | 214 | | the district as part of the teacher's salary payment for December |
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| 215 | 215 | | 2023, if feasible, and if not feasible, then the district shall |
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| 216 | 216 | | provide the bonus payment as part of the teacher's salary payment |
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| 217 | 217 | | for the first month in which it is feasible. The bonus payment made |
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| 218 | 218 | | under this subsection is in addition to the salary and wages to |
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| 219 | 219 | | which the classroom teacher is otherwise entitled for the 2023-2024 |
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| 220 | 220 | | school year. |
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| 221 | 221 | | (d) Notwithstanding any other law, the commissioner shall |
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| 222 | 222 | | exclude the funding to which a school district is entitled under |
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| 223 | 223 | | this section for purposes of: |
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| 224 | 224 | | (1) determining the amount by which the district must |
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| 225 | 225 | | reduce the district's tier one revenue level under Section 48.257; |
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| 226 | 226 | | and |
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| 227 | 227 | | (2) calculating a school district's maintenance and |
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| 228 | 228 | | operations revenue under Section 48.277(a). |
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| 229 | 229 | | (e) A bonus payment made under this section is included in |
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| 230 | 230 | | salary and wages for service for purposes of Section 822.201, |
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| 231 | 231 | | Government Code. |
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| 232 | 232 | | (f) This section expires September 1, 2024. |
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| 233 | 233 | | SECTION 9. Section 822.201(b), Government Code, is amended |
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| 234 | 234 | | to read as follows: |
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| 235 | 235 | | (b) "Salary and wages" as used in Subsection (a) means: |
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| 236 | 236 | | (1) normal periodic payments of money for service the |
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| 237 | 237 | | right to which accrues on a regular basis in proportion to the |
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| 238 | 238 | | service performed; |
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| 239 | 239 | | (2) amounts by which the member's salary is reduced |
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| 240 | 240 | | under a salary reduction agreement authorized by Chapter 610; |
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| 241 | 241 | | (3) amounts that would otherwise qualify as salary and |
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| 242 | 242 | | wages under Subdivision (1) but are not received directly by the |
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| 243 | 243 | | member pursuant to a good faith, voluntary written salary reduction |
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| 244 | 244 | | agreement in order to finance payments to a deferred compensation |
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| 245 | 245 | | or tax sheltered annuity program specifically authorized by state |
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| 246 | 246 | | law or to finance benefit options under a cafeteria plan qualifying |
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| 247 | 247 | | under Section 125 of the Internal Revenue Code of 1986, if: |
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| 248 | 248 | | (A) the program or benefit options are made |
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| 249 | 249 | | available to all employees of the employer; and |
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| 250 | 250 | | (B) the benefit options in the cafeteria plan are |
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| 251 | 251 | | limited to one or more options that provide deferred compensation, |
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| 252 | 252 | | group health and disability insurance, group term life insurance, |
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| 253 | 253 | | dependent care assistance programs, or group legal services plans; |
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| 254 | 254 | | (4) performance pay awarded to an employee by a school |
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| 255 | 255 | | district as part of a total compensation plan approved by the board |
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| 256 | 256 | | of trustees of the district and meeting the requirements of |
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| 257 | 257 | | Subsection (e); |
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| 258 | 258 | | (5) the benefit replacement pay a person earns under |
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| 259 | 259 | | Subchapter H, Chapter 659, except as provided by Subsection (c); |
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| 260 | 260 | | (6) stipends paid to teachers in accordance with |
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| 261 | 261 | | former Section 21.410, 21.411, 21.412, or 21.413, Education Code; |
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| 262 | 262 | | (7) amounts by which the member's salary is reduced or |
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| 263 | 263 | | that are deducted from the member's salary as authorized by |
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| 264 | 264 | | Subchapter J, Chapter 659; |
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| 265 | 265 | | (8) a merit salary increase made under Section 51.962, |
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| 266 | 266 | | Education Code; |
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| 267 | 267 | | (9) amounts received under the relevant parts of the |
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| 268 | 268 | | educator excellence awards program under Subchapter O, Chapter 21, |
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| 269 | 269 | | Education Code, or a mentoring program under Section 21.458, |
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| 270 | 270 | | Education Code, that authorize compensation for service; |
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| 271 | 271 | | (10) salary amounts designated as health care |
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| 272 | 272 | | supplementation by an employee under Subchapter D, Chapter 22, |
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| 273 | 273 | | Education Code; |
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| 274 | 274 | | (11) to the extent required by Sections 3401(h) and |
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| 275 | 275 | | 414(u)(12), Internal Revenue Code of 1986, differential wage |
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| 276 | 276 | | payments received by an individual from an employer on or after |
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| 277 | 277 | | January 1, 2009, while the individual is performing qualified |
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| 278 | 278 | | military service as defined by Section 414(u), Internal Revenue |
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| 279 | 279 | | Code of 1986; [and] |
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| 280 | 280 | | (12) increased compensation paid to a teacher by a |
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| 281 | 281 | | school district using funds received by the district under the |
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| 282 | 282 | | teacher incentive allotment under Section 48.112, Education Code; |
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| 283 | 283 | | and |
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| 284 | 284 | | (13) any increase in the payment of money made to a |
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| 285 | 285 | | classroom teacher by a school district from funds allotted to the |
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| 286 | 286 | | district under Section 48.310, Education Code. |
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| 287 | 287 | | SECTION 10. Section 18.78, Article IX, Chapter 1170 (H.B. |
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| 288 | 288 | | 1), Acts of the 88th Legislature, Regular Session, 2023 (the |
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| 289 | 289 | | General Appropriations Act), is amended by adding Subsection (m) to |
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| 290 | 290 | | read as follows: |
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| 291 | 291 | | (m) In addition to amounts appropriated elsewhere in this |
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| 292 | 292 | | Act, TEA is appropriated $1,196,500,000 from general revenue to |
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| 293 | 293 | | implement the provisions of _.B. _, 88th Legislature, 4th Called |
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| 294 | 294 | | Session, 2023. From the amount appropriated under this subsection, |
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| 295 | 295 | | not more than: |
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| 296 | 296 | | (1) $400,000,000 may also be used for school safety |
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| 297 | 297 | | and related purposes; and |
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| 298 | 298 | | (2) $796,500,000 may also be used for financial and |
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| 299 | 299 | | other assistance to public school educators and the public school |
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| 300 | 300 | | finance system. |
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| 301 | 301 | | SECTION 11. Sections 48.051(c), (c-1), (c-2), and (d), |
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| 302 | 302 | | Education Code, are repealed. |
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| 303 | 303 | | SECTION 12. A bonus payment made to a classroom teacher, as |
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| 304 | 304 | | defined by Section 48.310, Education Code, as added by this Act, by |
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| 305 | 305 | | a school district with money received by the district under Section |
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| 306 | 306 | | 48.311, Education Code, as added by this Act, as that section |
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| 307 | 307 | | existed prior to its expiration, shall be included in salary and |
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| 308 | 308 | | wages for service for purposes of Section 822.201, Government Code, |
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| 309 | 309 | | as amended by this Act, regardless of the date the payment was made. |
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| 310 | 310 | | SECTION 13. Immediately following the effective date of |
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| 311 | 311 | | this Act, a school district or open-enrollment charter school shall |
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| 312 | 312 | | redesignate a teacher who holds a designation made under Section |
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| 313 | 313 | | 21.3521, Education Code, before the effective date of this Act, to |
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| 314 | 314 | | reflect the teacher's designation under Section 21.3521, Education |
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| 315 | 315 | | Code, as amended by this Act. Funding provided to a school district |
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| 316 | 316 | | under Section 48.112, Education Code, for a teacher who held a |
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| 317 | 317 | | designation made under Section 21.3521, Education Code, as that |
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| 318 | 318 | | section existed immediately before the effective date of this Act, |
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| 319 | 319 | | shall be increased to reflect the teacher's redesignation under |
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| 320 | 320 | | Section 21.3521, Education Code, as amended by this Act. |
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| 321 | 321 | | SECTION 14. (a) Except as provided by Subsection (b) of |
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| 322 | 322 | | this section, this Act applies beginning with the 2023-2024 school |
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| 323 | 323 | | year. |
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| 324 | 324 | | (b) Sections 48.277(c-1), (d), and (e), Education Code, as |
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| 325 | 325 | | amended by this Act, and Section 48.310, Education Code, as added by |
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| 326 | 326 | | this Act, apply beginning with the 2024-2025 school year. |
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| 327 | 327 | | SECTION 15. (a) Except as provided by Subsection (b) of this |
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| 328 | 328 | | section, this Act takes effect immediately if it receives a vote of |
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| 329 | 329 | | two-thirds of all the members elected to each house, as provided by |
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| 330 | 330 | | Section 39, Article III, Texas Constitution. If this Act does not |
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| 331 | 331 | | receive the vote necessary for immediate effect, this Act takes |
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| 332 | 332 | | effect on the 91st day after the last day of the legislative |
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| 333 | 333 | | session. |
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| 334 | 334 | | (b) Sections 48.277(c-1), (d), and (e), Education Code, as |
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| 335 | 335 | | amended by this Act, take effect September 1, 2024. |
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