Texas 2025 - 89th Regular

Texas Senate Bill SB27 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton, et al. S.B. No. 27
2		-
3		-
	1	+	By: Creighton S.B. No. 27
	2	+	(In the Senate - Filed February 27, 2025;
	3	+	February 28, 2025, read first time and referred to Committee on
	4	+	Education K-16; March 31, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 11, Nays 0;
	6	+	March 31, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 27 By: Bettencourt
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the rights of public school educators and financial and
9	14		other assistance provided to educators and to public schools by the
10	15		Texas Education Agency related to public school educators.
11	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	17		SECTION 1. Section 11.1513, Education Code, is amended by
13		-	amending Subsections (d) and (e) and adding Subsection (l) to read
14		-	as follows:
15		-	(d) The employment policy must provide that not later than
16		-	the fifth [10th] school day before the date on which a district
17		-	fills a vacant position for which a certificate or license is
18		-	required as provided by Section 21.003, other than a position that
19		-	affects the safety and security of students as determined by the
20		-	board of trustees, the district must provide to each current
21		-	district employee:
22		-	(1) notice of the position by posting the position on:
23		-	(A) a bulletin board at:
24		-	(i) a place convenient to the public in the
25		-	district's central administrative office; and
26		-	(ii) the central administrative office of
27		-	each campus in the district during any time the office is open; or
28		-	(B) the district's Internet website, if the
29		-	district has a website; and
30		-	(2) a reasonable opportunity to apply for the
31		-	position.
32		-	(e) If, during the school year, the district must fill a
33		-	vacant position held by a teacher, as defined by Section 21.201, in
34		-	less than five [10] school days, the district:
35		-	(1) must provide notice of the position in the manner
36		-	described by Subsection (d)(1) as soon as possible after the
37		-	vacancy occurs;
38		-	(2) is not required to provide the notice for five [10]
39		-	school days before filling the position; and
40		-	(3) is not required to comply with Subsection (d)(2).
	18	+	adding Subsection (l) to read as follows:
41	19		(l) The employment policy must provide that for purposes of
42	20		determining the amount of a reduction in the salary of a classroom
43	21		teacher, full-time counselor, or full-time librarian for unpaid
44	22		leave, the employee's daily rate of pay is computed by dividing the
45	23		employee's annual salary by the number of days the employee is
46	24		expected to work for that school year.
47	25		SECTION 2. Subchapter B, Chapter 21, Education Code, is
48		-	amended by adding ~~Sections~~ 21.0411 ~~and 21.04893~~ to read as follows:
	26	+	amended by adding Section 21.0411 to read as follows:
49	27		Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
50	28		CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
51	29		Section 21.041(c), the board shall, for a person applying for a
52	30		certification in special education, bilingual education, or
53	31		another area specified by the General Appropriations Act, waive:
54	32		(1) a certification examination fee imposed by the
55	33		board for the first administration of the examination to the
56	34		person; and
57	35		(2) a fee associated with the application for
58	36		certification by the person.
59	37		(b) The board shall pay to a vendor that administers a
60	38		certification examination described by Subsection (a) a fee
61	39		assessed by that vendor for the examination of a person applying for
62	40		a certification described by Subsection (a) for the first
63	41		administration of the examination to the person.
64		-	Sec. 21.04893. BILINGUAL TARGET LANGUAGE PROFICIENCY
65		-	TEST. The board shall propose rules to allow a person seeking
66		-	certification under this subchapter who fails to perform
67		-	satisfactorily on the Bilingual Target Language Proficiency Test
68		-	to:
69		-	(1) retake only the sections of the test that include
70		-	the domains on which the person failed to perform satisfactorily;
71		-	and
72		-	(2) during a retake of the test described by
73		-	Subdivision (1), demonstrate the person's language proficiency
74		-	through the completion of fewer components, including eliminating a
75		-	component that requires the preparation of a lesson plan for a
76		-	person who fails to perform satisfactorily on a domain requiring
77		-	completion of that component.
78	42		SECTION 3. Section 21.105, Education Code, is amended by
79	43		amending Subsection (c) and adding Subsection (g) to read as
80	44		follows:
81	45		(c) Subject to Subsections (e), [and] (f), and (g), on
82	46		written complaint by the employing district, the State Board for
83	47		Educator Certification may impose sanctions against a teacher
84	48		employed under a probationary contract who:
85	49		(1) resigns;
86	50		(2) fails without good cause to comply with Subsection
87	51		(a) or (b); and
88	52		(3) fails to perform the contract.
89	53		(g) The State Board for Educator Certification may not
90	54		impose a sanction under Subsection (c) against a teacher who
91	55		relinquishes a position under a probationary contract and leaves
92	56		the employment of the district after the 45th day before the first
93	57		day of instruction for the upcoming school year in violation of
94	58		Subsection (a) and without the consent of the board of trustees
95	59		under Subsection (b) if the teacher's failure to comply with
96	60		Subsection (a) was due to:
97	61		(1) a serious illness or health condition of the
98	62		teacher or a close family member of the teacher;
99	63		(2) the teacher's relocation because the teacher's
100	64		spouse or a partner who resides with the teacher changes employers
101	65		or location of employment;
102	66		(3) a significant change in the needs of the teacher's
103	67		family in a manner that requires the teacher to:
104	68		(A) relocate; or
105	69		(B) forgo employment during a period of required
106	70		employment under the teacher's contract; or
107	71		(4) the teacher's reasonable belief that the teacher
108	72		had written permission from the school district's administration to
109	73		resign.
110	74		SECTION 4. Section 21.160, Education Code, is amended by
111	75		amending Subsection (c) and adding Subsection (g) to read as
112	76		follows:
113	77		(c) Subject to Subsections (e), [and] (f), and (g), on
114	78		written complaint by the employing district, the State Board for
115	79		Educator Certification may impose sanctions against a teacher who
116	80		is employed under a continuing contract that obligates the district
117	81		to employ the person for the following school year and who:
118	82		(1) resigns;
119	83		(2) fails without good cause to comply with Subsection
120	84		(a) or (b); and
121	85		(3) fails to perform the contract.
122	86		(g) The State Board for Educator Certification may not
123	87		impose a sanction under Subsection (c) against a teacher who
124	88		relinquishes a position under a continuing contract and leaves the
125	89		employment of the district after the 45th day before the first day
126	90		of instruction of the upcoming school year in violation of
127	91		Subsection (a) and without the consent of the board of trustees
128	92		under Subsection (b) if the teacher's failure to comply with
129	93		Subsection (a) was due to:
130	94		(1) a serious illness or health condition of the
131	95		teacher or a close family member of the teacher;
132	96		(2) the teacher's relocation because the teacher's
133	97		spouse or a partner who resides with the teacher changes employers
134	98		or location of employment;
135	99		(3) a significant change in the needs of the teacher's
136	100		family in a manner that requires the teacher to:
137	101		(A) relocate; or
138	102		(B) forgo employment during a period of required
139	103		employment under the teacher's contract; or
140	104		(4) the teacher's reasonable belief that the teacher
141	105		had written permission from the school district's administration to
142	106		resign.
143	107		SECTION 5. Section 21.210, Education Code, is amended by
144	108		amending Subsection (c) and adding Subsection (g) to read as
145	109		follows:
146	110		(c) Subject to Subsections (e), [and] (f), and (g), on
147	111		written complaint by the employing district, the State Board for
148	112		Educator Certification may impose sanctions against a teacher who
149	113		is employed under a term contract that obligates the district to
150	114		employ the person for the following school year and who:
151	115		(1) resigns;
152	116		(2) fails without good cause to comply with Subsection
153	117		(a) or (b); and
154	118		(3) fails to perform the contract.
155	119		(g) The State Board for Educator Certification may not
156	120		impose a sanction under Subsection (c) against a teacher who
157	121		relinquishes a position under a term contract and leaves the
158	122		employment of the district after the 45th day before the first day
159	123		of instruction of the upcoming school year in violation of
160	124		Subsection (a) and without the consent of the board of trustees
161	125		under Subsection (b) if the teacher's failure to comply with
162	126		Subsection (a) was due to:
163	127		(1) a serious illness or health condition of the
164	128		teacher or a close family member of the teacher;
165	129		(2) the teacher's relocation because the teacher's
166	130		spouse or a partner who resides with the teacher changes employers
167	131		or location of employment;
168	132		(3) a significant change in the needs of the teacher's
169	133		family in a manner that requires the teacher to:
170	134		(A) relocate; or
171	135		(B) forgo employment during a period of required
172	136		employment under the teacher's contract; or
173	137		(4) the teacher's reasonable belief that the teacher
174	138		had written permission from the school district's administration to
175	139		resign.
176	140		SECTION 6. Section 21.257, Education Code, is amended by
177	141		amending Subsection (a) and adding Subsection (f) to read as
178	142		follows:
179	143		(a) Except as provided by Subsection (f), not [Not] later
180	144		than the 60th day after the date on which the commissioner receives
181	145		a teacher's written request for a hearing, the hearing examiner
182	146		shall complete the hearing and make a written recommendation that:
183	147		(1) includes proposed findings of fact and conclusions
184	148		of law; and
185	149		(2) may include a proposal for granting relief.
186	150		(f) The hearing examiner may dismiss a hearing before
187	151		completing the hearing or making a written recommendation if:
188	152		(1) the teacher requests the dismissal;
189	153		(2) the school district withdraws the proposed
190	154		decision that is the basis of the hearing; or
191	155		(3) the teacher and school district request the
192	156		dismissal after reaching a settlement regarding the proposed
193	157		decision that is the basis of the hearing.
194	158		SECTION 7. Subchapter I, Chapter 21, Education Code, is
195		-	amended by adding ~~Sections~~ 21.416 ~~and 21.417~~ to read as follows:
	159	+	amended by adding Section 21.416 to read as follows:
196	160		Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
197	161		PROGRAM. (a) From money appropriated or otherwise available, the
198	162		commissioner shall establish and administer a grant program to
199	163		award money to reimburse a school district, an open-enrollment
200	164		charter school, the Windham School District, the Texas School for
201	165		the Deaf, or the Texas School for the Blind and Visually Impaired
202	166		that hires a teacher who retired before September 1, 2024, for the
203	167		increased contributions to the Teacher Retirement System
204	168		associated with hiring the retired teacher.
205	169		(b) In appropriating money for grants awarded under this
206	170		section, the legislature may provide for, modify, or limit amounts
207	171		appropriated for that purpose in the General Appropriations Act,
208	172		including by:
209	173		(1) providing, notwithstanding Subsection (a), a date
210	174		or date range other than September 1, 2024, before which a teacher
211	175		must have retired for a school district, an open-enrollment charter
212	176		school, the Windham School District, the Texas School for the Deaf,
213	177		or the Texas School for the Blind and Visually Impaired that hires
214	178		the teacher to be eligible; or
215	179		(2) limiting eligibility to a district or school
216	180		described by Subdivision (1) that hires a retired teacher:
217	181		(A) who holds a certain certification;
218	182		(B) to teach a certain subject or grade;
219	183		(C) in a certain geographical area; or
220	184		(D) to provide instruction to certain students,
221	185		including to students with disabilities.
222	186		(c) The commissioner shall proportionally reduce the amount
223	187		of money awarded to school districts, open-enrollment charter
224	188		schools, the Windham School District, the Texas School for the
225	189		Deaf, and the Texas School for the Blind and Visually Impaired under
226	190		this section if the number of grant applications by eligible
227	191		districts or schools exceeds the number of grants the commissioner
228	192		could award with the money appropriated or otherwise available for
229	193		the purpose.
230	194		(d) A school district, an open-enrollment charter school,
231	195		the Windham School District, the Texas School for the Deaf, or the
232	196		Texas School for the Blind and Visually Impaired may use money
233	197		received under this section to make required payments under Section
234	198		825.4092, Government Code.
235		-	Sec. 21.417. ELECTION BY TEACHER TO USE UNPAID LEAVE. The
236		-	board of trustees of a school district shall adopt a policy that
237		-	provides a classroom teacher employed by the district the option to
238		-	elect not to take the teacher's paid personal leave concurrently
239		-	with unpaid leave the teacher is entitled to take under the Family
240		-	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for
241		-	an absence due to pregnancy or the birth or adoption of a child.
242	199		SECTION 8. Subchapter J, Chapter 21, Education Code, is
243	200		amended by adding Sections 21.466, 21.467, and 21.468 to read as
244	201		follows:
245	202		Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From money
246	203		appropriated or otherwise available for the purpose, the agency
247	204		shall develop training for and provide technical assistance to
248	205		school districts and open-enrollment charter schools regarding:
249	206		(1) strategic compensation, staffing, and scheduling
250	207		efforts that improve professional growth, teacher leadership
251	208		opportunities, and staff retention;
252	209		(2) programs that encourage high school students or
253	210		other members of the community in the area served by the district to
254	211		become teachers, including available teacher apprenticeship
255	212		programs; and
256	213		(3) programs or strategies that school leaders may use
257	214		to establish clear and attainable behavior expectations while
258	215		proactively supporting students.
259	216		(b) From money appropriated or otherwise available, the
260	217		agency shall provide grants to school districts and open-enrollment
261	218		charter schools to implement initiatives developed under this
262	219		section.
263	220		Sec. 21.467. TEACHER TIME STUDY. (a) From money
264	221		appropriated or otherwise available for the purpose, the agency
265	222		shall develop and maintain a technical assistance program to
266	223		support school districts and open-enrollment charter schools in:
267	224		(1) studying how the district's or school's staff and
268	225		student schedules, required noninstructional duties for classroom
269	226		teachers, and professional development requirements for educators
270	227		are affecting the amount of time classroom teachers work each week;
271	228		(2) refining the schedules for students or staff as
272	229		necessary to ensure teachers have sufficient time during normal
273	230		work hours to fulfill all job duties, including addressing the
274	231		needs of students; and
275	232		(3) studying how to reduce and streamline the tasks
276	233		and duties a teacher is required to perform.
277	234		(b) The agency shall periodically make findings and
278	235		recommendations for best practices publicly available using
279	236		information from participating school districts and
280	237		open-enrollment charter schools.
281	238		Sec. 21.468. TEACHER POSITION INFORMATION. The agency
282	239		shall collect data from school districts and open-enrollment
283	240		charter schools to address teacher retention and recruitment,
284	241		including the classifications, grade levels, subject areas,
285	242		duration, and other relevant information regarding vacant teaching
286	243		positions at districts and schools. The data may be collected
287	244		through the Public Education Information Management System (PEIMS)
288	245		or another electronic reporting mechanism specified by the agency.
289	246		SECTION 9. Section 26.011, Education Code, is amended by
290	247		adding Subsection (c) to read as follows:
291	248		(c) A grievance procedure adopted under Subsection (a) must
292	249		require that, for a complaint filed against a teacher or other
293	250		employee, the school district provide:
294	251		(1) notice of the complaint to the teacher or employee
295	252		against whom the complaint was filed; and
296	253		(2) sufficient opportunity for the teacher or employee
297	254		against whom the complaint was filed to submit a written response to
298	255		the complaint to be included in the record.
299	256		SECTION 10. Section 37.002, Education Code, is amended by
300	257		amending Subsections (b), (c), and (d) and adding Subsections
301		-	(b-2), (b-3), (c-1), (c-2), (e-1), (e-2), and (f) to read as
302		-	follows:
	258	+	(b-2), (b-3), (e-1), and (f) to read as follows:
303	259		(b) A teacher may remove from class a student who:
304		-	(1) ~~repeatedly~~ interferes [who has been documented by
305		-	~~the teacher~~ to repeatedly interfere] with the teacher's ability to
306		-	~~communicate~~ effectively with the students in the class or with the
307		-	~~ability of~~ the student's classmates to learn; [or]
	260	+	(1) interferes [who has been documented by the teacher
	261	+	to repeatedly interfere] with the teacher's ability to communicate
	262	+	effectively with the students in the class or with the ability of
	263	+	the student's classmates to learn; [or]
308	264		(2) demonstrates [whose] behavior that is unruly,
309	265		disruptive, or abusive toward the teacher, another adult, or
310	266		another student; or
311	267		(3) engages in conduct that constitutes bullying, as
312	268		defined by Section 37.0832 [determines is so unruly, disruptive, or
313	269		abusive that it seriously interferes with the teacher's ability to
314	270		communicate effectively with the students in the class or with the
315	271		ability of the student's classmates to learn].
316	272		(b-2) A teacher, campus behavior coordinator, or other
317	273		appropriate administrator shall notify a parent or person standing
318	274		in parental relation to a student of the removal of a student under
319	275		this section.
320	276		(b-3) Subject to Sections 28.0022(a)(2) and (d), a teacher
321	277		may remove a student from class under Subsection (b) of this section
322	278		based on a single incident of behavior described by Subsection
323	279		(b)(1), (2), or (3).
324	280		(c) If a teacher removes a student from class under
325	281		Subsection (b), the principal may place the student into another
326	282		appropriate classroom, into in-school suspension, or into a
327	283		disciplinary alternative education program as provided by Section
328	284		37.008. The principal may not return the student to that teacher's
329	285		class without the teacher's written consent unless the committee
330	286		established under Section 37.003 determines that such placement is
331		-	the best or only alternative available and, not later than the third
332		-	class day after the day on which the student was removed from class,
333		-	a conference in which the teacher has been provided an opportunity
334		-	to participate has been held in accordance with Section 37.009(a).
335		-	The principal may not return the student to that teacher's class
336		-	unless the teacher provides written consent for the student's
337		-	return or a return to class plan has been prepared for that student.
338		-	The principal may only designate an employee of the school whose
339		-	primary duties do not include classroom instruction to create a
340		-	return to class plan. The terms of the removal may prohibit the
341		-	student from attending or participating in school-sponsored or
342		-	school-related activity.
343		-	(c-1) A return to class plan required under Subsection (c)
344		-	must be created before or at the conference described by that
345		-	subsection. A plan created before the conference must be discussed
346		-	at the conference.
347		-	(c-2) The commissioner shall adopt a model return to class
348		-	plan for use by a school district in creating a return to class plan
349		-	for a student under Subsection (c).
	287	+	the best or only alternative available. The principal may not
	288	+	return the student to that teacher's class, regardless of the
	289	+	teacher's consent, until a return to class plan has been prepared
	290	+	for that student. The principal may only designate an employee of
	291	+	the school whose primary duties do not include classroom
	292	+	instruction to create a return to class plan. The terms of the
	293	+	removal may prohibit the student from attending or participating in
	294	+	school-sponsored or school-related activity.
350	295		(d) A teacher shall remove from class and send to the
351	296		principal for placement in a disciplinary alternative education
352	297		program or for expulsion, as appropriate, a student who engages in
353	298		conduct described under Section 37.006 or 37.007. The student may
354	299		not be returned to that teacher's class without the teacher's
355	300		written consent unless the committee established under Section
356	301		37.003 determines that such placement is the best or only
357		-	alternative available and a conference in which the teacher has
358		-	been provided an opportunity to participate has been held in
359		-	accordance with Section 37.009(a). If the teacher removed the
360		-	student from class because the student has engaged in the elements
361		-	of any offense listed in Section 37.006(a)(2)(B) or Section
362		-	37.007(a)(2)(A) or (b)(2)(C) against the teacher, the student may
363		-	not be returned to the teacher's class without the teacher's written
364		-	consent. The teacher may not be coerced to consent.
	302	+	alternative available. If the teacher removed the student from
	303	+	class because the student has engaged in the elements of any offense
	304	+	listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or
	305	+	(b)(2)(C) against the teacher, the student may not be returned to
	306	+	the teacher's class without the teacher's written consent. The
	307	+	teacher may not be coerced to consent.
365	308		(e-1) A student may appeal the student's removal from class
366	309		under this section to:
367	310		(1) the school's placement review committee
368	311		established under Section 37.003; or
369	312		(2) the safe and supportive school team established
370	313		under Section 37.115, in accordance with a district policy
371	314		providing for such an appeal to be made to the team.
372		-	(e-2) The principal, campus behavior coordinator, or other
373		-	appropriate administrator shall, at the conference required under
374		-	Section 37.009(a), notify a student who has been removed from class
375		-	under this section and the parent of or person standing in parental
376		-	relation to the student of the student's right to appeal under
377		-	Subsection (e-1).
378	315		(f) Section 37.004 applies to the removal or placement under
379	316		this section of a student with a disability who receives special
380	317		education services.
381	318		SECTION 11. Section 37.115(c), Education Code, as amended
382	319		by Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the 88th
383	320		Legislature, Regular Session, 2023, is reenacted and amended to
384	321		read as follows:
385	322		(c) The board of trustees of each school district shall
386	323		establish a threat assessment and safe and supportive school team
387	324		to serve at each campus of the district and shall adopt policies and
388	325		procedures for the teams. The team is responsible for developing
389	326		and implementing the safe and supportive school program under
390	327		Subsection (b) at the district campus served by the team. The
391	328		policies and procedures adopted under this section must:
392	329		(1) be consistent with the model policies and
393	330		procedures developed by the Texas School Safety Center;
394	331		(2) require each team to complete training provided by
395	332		the Texas School Safety Center or a regional education service
396	333		center regarding evidence-based threat assessment programs;
397	334		(3) require each team established under this section
398	335		to report the information required under Subsection (k) regarding
399	336		the team's activities to the agency; [and]
400	337		(4) provide for:
401	338		(A) a district employee who reports a potential
402	339		threat to a team to elect for the employee's identity to be
403	340		confidential and not subject to disclosure under Chapter 552,
404	341		Government Code, except as necessary for the team, the district, or
405	342		law enforcement to investigate the potential threat; and
406	343		(B) the district to maintain a record of the
407	344		identity of a district employee who elects for the employee's
408	345		identity to be confidential under Paragraph (A);
409	346		(5) [(4)] require each district campus to establish a
410	347		clear procedure for a student to report concerning behavior
411	348		exhibited by another student for assessment by the team or other
412	349		appropriate school employee; and
413	350		(6) require that, as soon as safe and practicable
414	351		after an administrator or team for a district campus receives
415	352		information regarding a threat made against that campus, including
416	353		through social media, the administrator or team immediately provide
417	354		to each member of the teaching staff, including teacher's aides,
418	355		who may be directly affected by the threat notice that includes:
419	356		(A) a statement of the existence of the threat;
420	357		(B) the nature of the threat; and
421	358		(C) any other pertinent details to ensure student
422	359		and staff safety.
423	360		SECTION 12. Section 825.4092(f), Government Code, is
424	361		repealed.
425	362		SECTION 13. Section 21.257(f), Education Code, as added by
426	363		this Act, applies only to a hearing before a hearing examiner
427	364		commenced on or after the effective date of this Act.
428	365		SECTION 14. To the extent of any conflict, this Act prevails
429	366		over another Act of the 89th Legislature, Regular Session, 2025,
430	367		relating to nonsubstantive additions to and corrections in enacted
431	368		codes.
432		-	SECTION 15. Sections 11.1513(d) and (e), Education Code, as
433		-	amended by this Act, apply beginning with the 2025-2026 school
434		-	year.
435		-	SECTION 16. Section 21.417, Education Code, as added by
436		-	this Act, applies beginning with the 2025-2026 school year.
437		-	SECTION 17. This Act takes effect immediately if it
	369	+	SECTION 15. This Act takes effect immediately if it
438	370		receives a vote of two-thirds of all the members elected to each
439	371		house, as provided by Section 39, Article III, Texas Constitution.
440	372		If this Act does not receive the vote necessary for immediate
441	373		effect, this Act takes effect September 1, 2025.
	374	+	* * * * *