By: Creighton, et al. S.B. No. 27
A BILL TO BE ENTITLED
AN ACT
relating to the rights of public school educators and financial and
other assistance provided to educators and to public schools by the
Texas Education Agency related to public school educators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.1513, Education Code, is amended by
amending Subsections (d) and (e) and adding Subsection (l) to read
as follows:
(d) The employment policy must provide that not later than
the fifth [10th] school day before the date on which a district
fills a vacant position for which a certificate or license is
required as provided by Section 21.003, other than a position that
affects the safety and security of students as determined by the
board of trustees, the district must provide to each current
district employee:
(1) notice of the position by posting the position on:
(A) a bulletin board at:
(i) a place convenient to the public in the
district's central administrative office; and
(ii) the central administrative office of
each campus in the district during any time the office is open; or
(B) the district's Internet website, if the
district has a website; and
(2) a reasonable opportunity to apply for the
position.
(e) If, during the school year, the district must fill a
vacant position held by a teacher, as defined by Section 21.201, in
less than five [10] school days, the district:
(1) must provide notice of the position in the manner
described by Subsection (d)(1) as soon as possible after the
vacancy occurs;
(2) is not required to provide the notice for five [10]
school days before filling the position; and
(3) is not required to comply with Subsection (d)(2).
(l) The employment policy must provide that for purposes of
determining the amount of a reduction in the salary of a classroom
teacher, full-time counselor, or full-time librarian for unpaid
leave, the employee's daily rate of pay is computed by dividing the
employee's annual salary by the number of days the employee is
expected to work for that school year.
SECTION 2. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0411 and 21.04893 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.
Sec. 21.04893. BILINGUAL TARGET LANGUAGE PROFICIENCY
TEST. The board shall propose rules to allow a person seeking
certification under this subchapter who fails to perform
satisfactorily on the Bilingual Target Language Proficiency Test
to:
(1) retake only the sections of the test that include
the domains on which the person failed to perform satisfactorily;
and
(2) during a retake of the test described by
Subdivision (1), demonstrate the person's language proficiency
through the completion of fewer components, including eliminating a
component that requires the preparation of a lesson plan for a
person who fails to perform satisfactorily on a domain requiring
completion of that component.
SECTION 3. Section 21.105, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher
employed under a probationary contract who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a probationary contract and leaves
the employment of the district after the 45th day before the first
day of instruction for the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b) if the teacher's failure to comply with
Subsection (a) was due to:
(1) a serious illness or health condition of the
teacher or a close family member of the teacher;
(2) the teacher's relocation because the teacher's
spouse or a partner who resides with the teacher changes employers
or location of employment;
(3) a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher's reasonable belief that the teacher
had written permission from the school district's administration to
resign.
SECTION 4. Section 21.160, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher who
is employed under a continuing contract that obligates the district
to employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a continuing contract and leaves the
employment of the district after the 45th day before the first day
of instruction of the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b) if the teacher's failure to comply with
Subsection (a) was due to:
(1) a serious illness or health condition of the
teacher or a close family member of the teacher;
(2) the teacher's relocation because the teacher's
spouse or a partner who resides with the teacher changes employers
or location of employment;
(3) a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher's reasonable belief that the teacher
had written permission from the school district's administration to
resign.
SECTION 5. Section 21.210, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher who
is employed under a term contract that obligates the district to
employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a term contract and leaves the
employment of the district after the 45th day before the first day
of instruction of the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b) if the teacher's failure to comply with
Subsection (a) was due to:
(1) a serious illness or health condition of the
teacher or a close family member of the teacher;
(2) the teacher's relocation because the teacher's
spouse or a partner who resides with the teacher changes employers
or location of employment;
(3) a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher's reasonable belief that the teacher
had written permission from the school district's administration to
resign.
SECTION 6. Section 21.257, Education Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) Except as provided by Subsection (f), not [Not] later
than the 60th day after the date on which the commissioner receives
a teacher's written request for a hearing, the hearing examiner
shall complete the hearing and make a written recommendation that:
(1) includes proposed findings of fact and conclusions
of law; and
(2) may include a proposal for granting relief.
(f) The hearing examiner may dismiss a hearing before
completing the hearing or making a written recommendation if:
(1) the teacher requests the dismissal;
(2) the school district withdraws the proposed
decision that is the basis of the hearing; or
(3) the teacher and school district request the
dismissal after reaching a settlement regarding the proposed
decision that is the basis of the hearing.
SECTION 7. Subchapter I, Chapter 21, Education Code, is
amended by adding Sections 21.416 and 21.417 to read as follows:
Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
PROGRAM. (a) From money appropriated or otherwise available, the
commissioner shall establish and administer a grant program to
award money to reimburse a school district, an open-enrollment
charter school, the Windham School District, the Texas School for
the Deaf, or the Texas School for the Blind and Visually Impaired
that hires a teacher who retired before September 1, 2024, for the
increased contributions to the Teacher Retirement System
associated with hiring the retired teacher.
(b) In appropriating money for grants awarded under this
section, the legislature may provide for, modify, or limit amounts
appropriated for that purpose in the General Appropriations Act,
including by:
(1) providing, notwithstanding Subsection (a), a date
or date range other than September 1, 2024, before which a teacher
must have retired for a school district, an open-enrollment charter
school, the Windham School District, the Texas School for the Deaf,
or the Texas School for the Blind and Visually Impaired that hires
the teacher to be eligible; or
(2) limiting eligibility to a district or school
described by Subdivision (1) that hires a retired teacher:
(A) who holds a certain certification;
(B) to teach a certain subject or grade;
(C) in a certain geographical area; or
(D) to provide instruction to certain students,
including to students with disabilities.
(c) The commissioner shall proportionally reduce the amount
of money awarded to school districts, open-enrollment charter
schools, the Windham School District, the Texas School for the
Deaf, and the Texas School for the Blind and Visually Impaired under
this section if the number of grant applications by eligible
districts or schools exceeds the number of grants the commissioner
could award with the money appropriated or otherwise available for
the purpose.
(d) A school district, an open-enrollment charter school,
the Windham School District, the Texas School for the Deaf, or the
Texas School for the Blind and Visually Impaired may use money
received under this section to make required payments under Section
825.4092, Government Code.
Sec. 21.417. ELECTION BY TEACHER TO USE UNPAID LEAVE. The
board of trustees of a school district shall adopt a policy that
provides a classroom teacher employed by the district the option to
elect not to take the teacher's paid personal leave concurrently
with unpaid leave the teacher is entitled to take under the Family
and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for
an absence due to pregnancy or the birth or adoption of a child.
SECTION 8. Subchapter J, Chapter 21, Education Code, is
amended by adding Sections 21.466, 21.467, and 21.468 to read as
follows:
Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From money
appropriated or otherwise available for the purpose, the agency
shall develop training for and provide technical assistance to
school districts and open-enrollment charter schools regarding:
(1) strategic compensation, staffing, and scheduling
efforts that improve professional growth, teacher leadership
opportunities, and staff retention;
(2) programs that encourage high school students or
other members of the community in the area served by the district to
become teachers, including available teacher apprenticeship
programs; and
(3) programs or strategies that school leaders may use
to establish clear and attainable behavior expectations while
proactively supporting students.
(b) From money appropriated or otherwise available, the
agency shall provide grants to school districts and open-enrollment
charter schools to implement initiatives developed under this
section.
Sec. 21.467. TEACHER TIME STUDY. (a) From money
appropriated or otherwise available for the purpose, the agency
shall develop and maintain a technical assistance program to
support school districts and open-enrollment charter schools in:
(1) studying how the district's or school's staff and
student schedules, required noninstructional duties for classroom
teachers, and professional development requirements for educators
are affecting the amount of time classroom teachers work each week;
(2) refining the schedules for students or staff as
necessary to ensure teachers have sufficient time during normal
work hours to fulfill all job duties, including addressing the
needs of students; and
(3) studying how to reduce and streamline the tasks
and duties a teacher is required to perform.
(b) The agency shall periodically make findings and
recommendations for best practices publicly available using
information from participating school districts and
open-enrollment charter schools.
Sec. 21.468. TEACHER POSITION INFORMATION. The agency
shall collect data from school districts and open-enrollment
charter schools to address teacher retention and recruitment,
including the classifications, grade levels, subject areas,
duration, and other relevant information regarding vacant teaching
positions at districts and schools. The data may be collected
through the Public Education Information Management System (PEIMS)
or another electronic reporting mechanism specified by the agency.
SECTION 9. Section 26.011, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A grievance procedure adopted under Subsection (a) must
require that, for a complaint filed against a teacher or other
employee, the school district provide:
(1) notice of the complaint to the teacher or employee
against whom the complaint was filed; and
(2) sufficient opportunity for the teacher or employee
against whom the complaint was filed to submit a written response to
the complaint to be included in the record.
SECTION 10. Section 37.002, Education Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections
(b-2), (b-3), (c-1), (c-2), (e-1), (e-2), and (f) to read as
follows:
(b) A teacher may remove from class a student who:
(1) repeatedly interferes [who has been documented by
the teacher to repeatedly interfere] with the teacher's ability to
communicate effectively with the students in the class or with the
ability of the student's classmates to learn; [or]
(2) demonstrates [whose] behavior that is unruly,
disruptive, or abusive toward the teacher, another adult, or
another student; or
(3) engages in conduct that constitutes bullying, as
defined by Section 37.0832 [determines is so unruly, disruptive, or
abusive that it seriously interferes with the teacher's ability to
communicate effectively with the students in the class or with the
ability of the student's classmates to learn].
(b-2) A teacher, campus behavior coordinator, or other
appropriate administrator shall notify a parent or person standing
in parental relation to a student of the removal of a student under
this section.
(b-3) Subject to Sections 28.0022(a)(2) and (d), a teacher
may remove a student from class under Subsection (b) of this section
based on a single incident of behavior described by Subsection
(b)(1), (2), or (3).
(c) If a teacher removes a student from class under
Subsection (b), the principal may place the student into another
appropriate classroom, into in-school suspension, or into a
disciplinary alternative education program as provided by Section
37.008. The principal may not return the student to that teacher's
class without the teacher's written consent unless the committee
established under Section 37.003 determines that such placement is
the best or only alternative available and, not later than the third
class day after the day on which the student was removed from class,
a conference in which the teacher has been provided an opportunity
to participate has been held in accordance with Section 37.009(a).
The principal may not return the student to that teacher's class
unless the teacher provides written consent for the student's
return or a return to class plan has been prepared for that student.
The principal may only designate an employee of the school whose
primary duties do not include classroom instruction to create a
return to class plan. The terms of the removal may prohibit the
student from attending or participating in school-sponsored or
school-related activity.
(c-1) A return to class plan required under Subsection (c)
must be created before or at the conference described by that
subsection. A plan created before the conference must be discussed
at the conference.
(c-2) The commissioner shall adopt a model return to class
plan for use by a school district in creating a return to class plan
for a student under Subsection (c).
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary alternative education
program or for expulsion, as appropriate, a student who engages in
conduct described under Section 37.006 or 37.007. The student may
not be returned to that teacher's class without the teacher's
written consent unless the committee established under Section
37.003 determines that such placement is the best or only
alternative available and a conference in which the teacher has
been provided an opportunity to participate has been held in
accordance with Section 37.009(a). If the teacher removed the
student from class because the student has engaged in the elements
of any offense listed in Section 37.006(a)(2)(B) or Section
37.007(a)(2)(A) or (b)(2)(C) against the teacher, the student may
not be returned to the teacher's class without the teacher's written
consent. The teacher may not be coerced to consent.
(e-1) A student may appeal the student's removal from class
under this section to:
(1) the school's placement review committee
established under Section 37.003; or
(2) the safe and supportive school team established
under Section 37.115, in accordance with a district policy
providing for such an appeal to be made to the team.
(e-2) The principal, campus behavior coordinator, or other
appropriate administrator shall, at the conference required under
Section 37.009(a), notify a student who has been removed from class
under this section and the parent of or person standing in parental
relation to the student of the student's right to appeal under
Subsection (e-1).
(f) Section 37.004 applies to the removal or placement under
this section of a student with a disability who receives special
education services.
SECTION 11. Section 37.115(c), Education Code, as amended
by Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the 88th
Legislature, Regular Session, 2023, is reenacted and amended to
read as follows:
(c) The board of trustees of each school district shall
establish a threat assessment and safe and supportive school team
to serve at each campus of the district and shall adopt policies and
procedures for the teams. The team is responsible for developing
and implementing the safe and supportive school program under
Subsection (b) at the district campus served by the team. The
policies and procedures adopted under this section must:
(1) be consistent with the model policies and
procedures developed by the Texas School Safety Center;
(2) require each team to complete training provided by
the Texas School Safety Center or a regional education service
center regarding evidence-based threat assessment programs;
(3) require each team established under this section
to report the information required under Subsection (k) regarding
the team's activities to the agency; [and]
(4) provide for:
(A) a district employee who reports a potential
threat to a team to elect for the employee's identity to be
confidential and not subject to disclosure under Chapter 552,
Government Code, except as necessary for the team, the district, or
law enforcement to investigate the potential threat; and
(B) the district to maintain a record of the
identity of a district employee who elects for the employee's
identity to be confidential under Paragraph (A);
(5) [(4)] require each district campus to establish a
clear procedure for a student to report concerning behavior
exhibited by another student for assessment by the team or other
appropriate school employee; and
(6) require that, as soon as safe and practicable
after an administrator or team for a district campus receives
information regarding a threat made against that campus, including
through social media, the administrator or team immediately provide
to each member of the teaching staff, including teacher's aides,
who may be directly affected by the threat notice that includes:
(A) a statement of the existence of the threat;
(B) the nature of the threat; and
(C) any other pertinent details to ensure student
and staff safety.
SECTION 12. Section 825.4092(f), Government Code, is
repealed.
SECTION 13. Section 21.257(f), Education Code, as added by
this Act, applies only to a hearing before a hearing examiner
commenced on or after the effective date of this Act.
SECTION 14. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 15. Sections 11.1513(d) and (e), Education Code, as
amended by this Act, apply beginning with the 2025-2026 school
year.
SECTION 16. Section 21.417, Education Code, as added by
this Act, applies beginning with the 2025-2026 school year.
SECTION 17. 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.