89R14629 ANG-F
By: Bernal H.B. No. 5175
A BILL TO BE ENTITLED
AN ACT
relating to the employment of classroom teachers in public schools
and the waiver or payment of certain educator examination and
certification fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) the employment of uncertified classroom teachers
under Section 21.0032;
(4) state curriculum and graduation requirements
adopted under Chapter 28; and
(5) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2. Section 21.001, Education Code, is amended by
adding Subdivision (3-b) to read as follows:
(3-b) "Teacher of record" means a person employed by a
school district who teaches the majority of the instructional day
in an academic instructional setting and is responsible for
evaluating student achievement and assigning grades.
SECTION 3. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.0032 to read as follows:
Sec. 21.0032. EMPLOYMENT OF UNCERTIFIED CLASSROOM
TEACHERS. (a) A school district may not employ as a classroom
teacher for a course in the foundation curriculum under Section
28.002 a person who does not hold an appropriate certificate or
permit issued by the State Board for Educator Certification under
Subchapter B.
(b) Notwithstanding Subsection (a), for the 2026-2027
school year, a school district may employ as a teacher of record for
a course other than a reading language arts or mathematics course in
a grade level above grade five a person who does not hold an
appropriate certificate or permit issued by the State Board for
Educator Certification under Subchapter B.
(c) From money appropriated or otherwise available for the
purpose, the agency shall provide to each school district a
one-time payment of $1,000 for each classroom teacher employed by
the district who:
(1) was hired for the 2022-2023 or 2023-2024 school
year as a first-year teacher;
(2) was uncertified on January 1, 2025;
(3) earned a standard certificate under Subchapter B
by the end of the 2025-2026 school year; and
(4) was continuously employed by the district since
the school year described by Subdivision (1).
(d) This subsection and Subsections (b) and (c) expire
September 1, 2027.
SECTION 4. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.010 to read as follows:
Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
shall collect data from school districts and open-enrollment
charter schools for the recruitment and retention of classroom
teachers, including the classification, grade level, subject area,
duration, and other relevant information regarding vacant teaching
positions in a district or school. The data may be collected using
the Public Education Information Management System (PEIMS) or
another reporting mechanism specified by the agency.
SECTION 5. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0411 to read as follows:
Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
Section 21.041(c), the board shall, for a person applying for a
certification in special education, bilingual education, or
another area specified by the General Appropriations Act, waive:
(1) a certification examination fee imposed by the
board for the first administration of the examination to the
person; and
(2) a fee associated with the application for
certification by the person.
(b) The board shall pay to a vendor that administers a
certification examination described by Subsection (a) a fee
assessed by that vendor for the examination of a person applying for
a certification described by Subsection (a) for the first
administration of the examination to the person.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2025-2026 school year.
(b) Section 21.0032, Education Code, as added by this Act,
applies beginning with the 2026-2027 school year.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.