Bill Text: TX HB2 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to public education and public school finance.

Sponsorship: Moderate Partisan Bill (Republican 83-16)

Status: (Passed) 2025-06-20 - See remarks for effective date [HB2 Detail]

Download: Texas-2025-HB2-Enrolled.html

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H.B. No. 2

AN ACT
relating to public education and public school finance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEACHER COMPENSATION
SECTION 1.01. Section 21.3521, Education Code, is amended
by amending Subsections (a), (c), and (e) and adding Subsections
(c-1), (d-1), (d-2), and (d-3) to read as follows:
(a) Subject to Subsection (b), a school district or
open-enrollment charter school may designate a classroom teacher as
a master, exemplary, [or] recognized, or acknowledged teacher for a
five-year period based on the results from single year or multiyear
appraisals that comply with Section 21.351 or 21.352.
(c) Notwithstanding performance standards established
under Subsection (b) and subject to authorization under Section
21.3523, a classroom teacher that holds a National Board
Certification issued by the National Board for Professional
Teaching Standards may be designated as nationally board certified
[recognized].
(c-1) A classroom teacher's designation under Subsection
(c) is valid for a five-year period, regardless of whether the State
Board for Educator Certification subsequently revokes
authorization for a nationally board certified teacher designation
under Section 21.3523.
(d-1) Each school year, the commissioner shall, using
criteria developed by the commissioner, designate as enhanced
teacher incentive allotment systems school districts and
open-enrollment charter schools that implement comprehensive
school evaluation and support systems. The criteria developed by
the commissioner must require a district or school to:
(1) for principals and assistant principals,
implement:
(A) a strategic evaluations system aligned with
the district's or school's teacher designation system; and
(B) a compensation system based on performance;
(2) ensure that under the district's or school's
teacher designation system substantially all classroom teachers,
regardless of the grade level or subject area to which the teacher
is assigned, are eligible to earn a designation under Subsection
(a);
(3) implement for all classroom teachers a
compensation plan based on performance that:
(A) uses a salary schedule that differentiates
among classroom teachers based on staff appraisals; and
(B) does not include across-the-board salary
increases for classroom teachers except for periodic changes to the
district's or school's salary schedule to adjust for significant
inflation; and
(4) implement a locally designed plan to place highly
effective teachers at high needs campuses and in accordance with
Section 28.0062(a)(3).
(d-2) The commissioner may designate a school district or
open-enrollment charter school as an enhanced teacher incentive
allotment system under Subsection (d-1) only if the district or
school has implemented a local optional teacher designation system
under this section.
(d-3) The commissioner may remove a school district's or
open-enrollment charter school's designation under Subsection
(d-1) if the commissioner determines the district or school no
longer meets the criteria for the designation.
(e) The agency shall develop and provide technical
assistance for school districts and open-enrollment charter
schools that request assistance in implementing a local optional
teacher designation system, including:
(1) providing assistance in prioritizing high needs
campuses;
(2) providing examples or models of local optional
teacher designation systems to reduce the time required for a
district or school to implement a teacher designation system;
(3) providing examples or models of local optional
teacher designation systems that implement a teacher designation
system for teachers of special populations, including special
education and bilingual education;
(4) establishing partnerships between districts and
schools that request assistance and districts and schools that have
implemented a teacher designation system;
(5) applying the performance and validity standards
established by the commissioner under Subsection (b);
(6) providing centralized support for the analysis of
the results of assessment instruments administered to district
students; and
(7) facilitating effective communication on and
promotion of local optional teacher designation systems.
SECTION 1.02. Subchapter H, Chapter 21, Education Code, is
amended by adding Sections 21.3522 and 21.3523 to read as follows:
Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
GRANT PROGRAM. (a) From funds appropriated or otherwise
available for the purpose, the agency shall establish and
administer a grant program to provide money and technical
assistance to:
(1) expand implementation of local optional teacher
designation systems under Section 21.3521; and
(2) increase the number of classroom teachers eligible
for a designation under that section.
(b) A grant awarded under this section must:
(1) meet the needs of individual school districts; and
(2) enable regional leadership capacity.
(c) The commissioner may adopt rules as necessary to
implement this section.
Sec. 21.3523. REVIEW AND AUTHORIZATION OF NATIONALLY BOARD
CERTIFIED TEACHER DESIGNATION. (a) The State Board for Educator
Certification may periodically review National Board
Certifications issued by the National Board for Professional
Teaching Standards to determine whether to reauthorize or revoke
authorization for the nationally board certified teacher
designation under Section 21.3521(c). If the board revokes
authorization, the board may at any time conduct a review under this
subsection to determine whether to reauthorize the nationally board
certified teacher designation.
(b) A review under Subsection (a) must evaluate whether the
components and assessments required for a National Board
Certification align and comply with state law, including whether:
(1) earning a National Board Certification would
interfere with the certificate holder's ability to provide:
(A) instruction in the essential knowledge and
skills without using common core state standards, as defined by
Section 28.002;
(B) phonics instruction in accordance with
Section 28.0062 and without using three-cueing, as prohibited by
Subsection (a-1) of that section; or
(C) instruction in accordance with:
(i) the instructional requirements and
prohibitions under Section 28.0022; or
(ii) any other applicable state law; and
(2) the components and assessments align with the
criteria adopted by the State Board of Education under Section
31.022 for the approval of instructional materials.
(c) Not later than December 31, 2026, the State Board for
Educator Certification shall conduct an initial review under
Subsection (a) of National Board Certifications issued by the
National Board for Professional Teaching Standards and reauthorize
or revoke the nationally board certified teacher designation under
Section 21.3521(c). If the board fails to reauthorize the
designation by that date, the authorization for the designation is
revoked. This subsection expires September 1, 2027.
SECTION 1.03. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.417 to read as follows:
Sec. 21.417. RESOURCES, INCLUDING LIABILITY INSURANCE, FOR
CLASSROOM TEACHERS. (a) From funds appropriated or otherwise
available for the purpose, the agency shall contract with a third
party to provide the following services for a classroom teacher
employed under a probationary, continuing, or term contract:
(1) assistance in understanding the teacher's rights,
duties, and benefits; and
(2) liability insurance to protect a teacher against
liability to a third party based on conduct that the teacher
allegedly engaged in during the course of the teacher's duties.
(b) A school district may not interfere with a classroom
teacher's access to services provided under this section.
(c) A contract entered into by the agency to provide
services under Subsection (a) must prohibit the entity with which
the agency contracts from using funds received under the contract
to engage in:
(1) conduct that a state agency using appropriated
money is prohibited from engaging in under Chapter 556, Government
Code; and
(2) political activities or advocate for issues
regarding public schools, including for boards of trustees of
school districts or school districts.
(d) This section may not be interpreted to interfere with a
classroom teacher's or other school district employee's exercise of
a right protected by the First Amendment to the United States
Constitution.
SECTION 1.04. The heading to Section 22.001, Education
Code, is amended to read as follows:
Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER
DUES.
SECTION 1.05. Sections 22.001(a) and (b), Education Code,
are amended to read as follows:
(a) A school district employee is entitled to have an amount
deducted from the employee's salary for membership fees or dues to a
professional organization or an entity providing services to
classroom teachers under Section 21.417. The employee must:
(1) file with the district a signed written request
identifying the organization or entity [and specifying the number
of pay periods per year the deductions are to be made]; and
(2) inform the district of the total amount of the fees
and dues for each year or have the organization or entity notify the
district of the amount.
(b) The district shall deduct the total amount of the fees
or dues for a year in equal amounts per pay period [for the number of
periods specified by the employee]. The district shall notify the
employee not later than the 45th day after the district receives a
request under Subsection (a) of the number of pay periods annually
from which the district will deduct the fees or dues. The
deductions shall be made until the employee requests in writing
that the deductions be discontinued.
SECTION 1.06. Section 48.112, Education Code, is amended by
amending Subsections (c), (d), and (i) and adding Subsection (g-1)
to read as follows:
(c) For each classroom teacher with a teacher designation
under Section 21.3521 employed by a school district, the school
district is entitled to an allotment equal to the following
applicable base amount increased by the high needs and rural factor
as determined under Subsection (d):
(1) $12,000, or an increased amount not to exceed
$36,000 [$32,000] as determined under Subsection (d), for each
master teacher;
(2) $9,000 [$6,000], or an increased amount not to
exceed $25,000 [$18,000] as determined under Subsection (d), for
each exemplary teacher; [and]
(3) $5,000 [$3,000], or an increased amount not to
exceed $15,000 [$9,000] as determined under Subsection (d), for
each recognized teacher; and
(4) $3,000, or an increased amount not to exceed
$9,000 as determined under Subsection (d), for each:
(A) acknowledged teacher; or
(B) nationally board certified teacher.
(d) The high needs and rural factor is determined by
multiplying the following applicable amounts by the average of the
point value assigned to each student at a district campus under
Subsection (e):
(1) $6,000 [$5,000] for each master teacher;
(2) $4,000 [$3,000] for each exemplary teacher; [and]
(3) $2,500 [$1,500] for each recognized teacher; and
(4) $1,500 for each:
(A) acknowledged teacher; or
(B) nationally board certified teacher.
(g-1) For a district that is designated as an enhanced
teacher incentive allotment system under Section 21.3521(d-1), the
commissioner shall increase the amount to which the district is
entitled under this section by multiplying that amount by 1.1.
(i) A district shall annually certify that:
(1) funds received under this section were used as
follows:
(A) at least 90 percent of each allotment
received under Subsection (c) was used for the compensation of
teachers employed at the campus at which the teacher for whom the
district received the allotment is employed; [and]
(B) for a district whose allotment was increased
under Subsection (g-1), the amount by which the allotment was
increased under that subsection was used to meet the criteria to
maintain a designation as an enhanced teacher incentive allotment
system under Section 21.3521(d-1); and
(C) any other funds received under this section
were used for costs associated with implementing Section 21.3521,
including efforts to support teachers in obtaining designations;
and
(2) the district prioritized high needs campuses in
the district in using funds received under this section.
SECTION 1.07. Subchapter D, Chapter 48, Education Code, is
amended by adding Sections 48.158 and 48.1581 to read as follows:
Sec. 48.158. TEACHER RETENTION ALLOTMENT. (a) In this
section, "classroom teacher" has the meaning assigned by Section
5.001, except that the term also includes:
(1) a person who is not required to hold a certificate
issued under Subchapter B, Chapter 21, who otherwise meets the
definition of a classroom teacher under Section 5.001; and
(2) a person, including a person described by
Subdivision (1), employed by an entity with which a school district
has entered into a contract who otherwise meets the definition of a
classroom teacher under Section 5.001.
(b) A school district is entitled to an annual allotment for
each classroom teacher who is employed by or contracts with the
district for which the allotment is provided as follows:
(1) if the district has 5,000 or fewer students
enrolled for the school year:
(A) $4,000 for each classroom teacher who has at
least three but less than five years of teaching experience; and
(B) $8,000 for each classroom teacher who has
five or more years of teaching experience; and
(2) if the district has more than 5,000 students
enrolled for the school year:
(A) $2,500 for each classroom teacher who has at
least three but less than five years of teaching experience; and
(B) $5,000 for each classroom teacher who has
five or more years of teaching experience.
(b-1) Instead of the allotment under Subsection (b)(2), a
school district described by that subdivision is entitled to
funding under Subsection (b)(1) if the school district received an
allotment under Subsection (b)(1) in a previous school year.
(c) For the 2025-2026 school year, a school district shall
use money received under Subsection (b) to:
(1) increase the salary provided to each classroom
teacher for which the district is entitled to funding under
Subsection (b) for that year over the salary the teacher received or
would have received if the teacher was employed by or contracted
with the district in the 2024-2025 school year by at least the
amount received per classroom teacher under Subsection (b); or
(2) if the school district is applying to be
designated as an enhanced teacher incentive allotment system,
increase the salaries of classroom teachers for that year based on
performance.
(d) Except as provided by Subsection (e), for the 2026-2027
and each subsequent school year, a school district shall use money
received under Subsection (b) to maintain the salary increases for
classroom teachers provided under Subsection (c). Any additional
funding generated for a school district under this section may only
be used for the compensation of classroom teachers who are employed
by or contract with the district and who have three or more years of
experience.
(e) A school district that has been designated as an
enhanced teacher incentive allotment system for the applicable
school year may use money received under Subsection (b) to provide
salaries to classroom teachers in accordance with the district's
compensation plan.
(f) A school district that increases classroom teacher
compensation in the 2025-2026 school year to comply with Subsection
(c), as added by H.B. 2, 89th Legislature, Regular Session, 2025, is
providing compensation for services rendered independently of an
existing employment contract applicable to that school year and is
not in violation of Section 53, Article III, Texas Constitution.
This subsection expires September 1, 2027.
Sec. 48.1581. SUPPORT STAFF RETENTION ALLOTMENT. (a) In
this section, "non-administrative staff":
(1) includes a full-time or part-time employee who is
not eligible for a salary increase under Section 48.158, including:
(A) a teacher not eligible for a salary increase
under Section 48.158;
(B) a school counselor;
(C) a librarian;
(D) a school nurse;
(E) a teacher's assistant;
(F) a member of the custodial staff;
(G) a member of the food services staff;
(H) a bus driver;
(I) an administrative assistant; and
(J) other support staff; and
(2) does not include:
(A) a superintendent of a school district or
other administrator serving as educational leader and chief
executive officer;
(B) an assistant superintendent or a person in an
equivalent role;
(C) a principal or assistant principal; and
(D) an employee in a centralized supervisory
role.
(b) For purposes of this section, a school district's
adjusted average attendance is the quotient of:
(1) the sum of the district's allotments under
Subchapter B and, if applicable, the allotment under Section 48.101
for the applicable school year; and
(2) the basic allotment for the applicable school
year.
(b-1) In determining adjusted average daily attendance
under this section, the agency shall exclude students who do not
reside in the district and are enrolled in a full-time virtual
program.
(c) A school district is entitled to an annual allotment of
$45 for each student in adjusted average attendance.
(d) For the 2025-2026 school year, a school district shall
use money received under Subsection (c) to increase the salaries
provided to non-administrative staff.
(e) For the 2026-2027 and each subsequent school year, a
school district shall use money received under Subsection (c) to
maintain the salary increases provided under Subsection (d). Any
additional money the district receives under this section may only
be used for the compensation of non-administrative staff.
(f) A school district that increases non-administrative
staff compensation in the 2025-2026 school year to comply with
Subsection (d), as added by H.B. 2, Acts of the 89th Legislature,
Regular Session, 2025, is providing compensation for services
rendered independently of an existing employment contract
applicable to that school year and is not in violation of Section
53, Article III, Texas Constitution. This subsection expires
September 1, 2027.
SECTION 1.08. Section 48.257, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) If for any school year a school district receives an
adjustment under Subsection (b) and, after that adjustment, is no
longer subject to Subsection (a), the district is entitled to
additional state aid for that school year in an amount equal to the
lesser of:
(1) the difference, if the difference is greater than
zero, between:
(A) the amount to which the district is entitled
under Subchapters B, C, and D less the district's distribution from
the available school fund for that school year; and
(B) the district's tier one maintenance and
operations tax collections for that school year; or
(2) the district's allotment under Section 48.158 for
that school year.
SECTION 1.09. Section 822.201(b), Government Code, is
amended to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e);
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
former Section 21.410, 21.411, 21.412, or 21.413, Education Code;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659;
(8) a merit salary increase made under Section 51.962,
Education Code;
(9) amounts received under the relevant parts of the
educator excellence awards program under Subchapter O, Chapter 21,
Education Code, or a mentoring program under Section 21.458,
Education Code, that authorize compensation for service;
(10) salary amounts designated as health care
supplementation by an employee under Subchapter D, Chapter 22,
Education Code;
(11) to the extent required by Sections 3401(h) and
414(u)(12), Internal Revenue Code of 1986, differential wage
payments received by an individual from an employer on or after
January 1, 2009, while the individual is performing qualified
military service as defined by Section 414(u), Internal Revenue
Code of 1986; and
(12) increased compensation paid to an employee [a
teacher] by an employer [a school district] using funds received by
the employer [district] under:
(A) the teacher incentive allotment under
Section 48.112, Education Code;
(B) the teacher retention allotment under
Section 48.158, Education Code; or
(C) the support staff retention allotment under
Section 48.1581, Education Code.
SECTION 1.10. Sections 48.051(c), (c-1), (c-2), and (d),
Education Code, are repealed.
SECTION 1.11. Not later than September 1, 2026, a school
district or open-enrollment charter school shall redesignate a
teacher who holds a recognized teacher designation under Section
21.3521(c), Education Code, on the basis of the teacher's national
board certification, before the effective date of this article, to
reflect the teacher's nationally board certified designation under
Section 21.3521(c), Education Code, as amended by this article. A
redesignation under this section is effective beginning September
1, 2026.
SECTION 1.12. (a) Except as provided by Subsections (b) and
(c) of this section, this article takes effect immediately if this
Act 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 article takes effect September 1, 2025.
(b) Sections 48.158, 48.1581, and 48.257(b-1), Education
Code, as added by this article, and Section 822.201(b), Government
Code, as amended by this article, take effect September 1, 2025.
(c) Sections 48.112(c) and (d), Education Code, as amended
by this article, take effect September 1, 2026.
ARTICLE 2. EDUCATOR PREPARATION AND TEACHER RIGHTS
SECTION 2.01. 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) parental notification requirements under Section
21.057;
(5) state curriculum and graduation requirements
adopted under Chapter 28; and
(6) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2.02. Section 19.007(g), Education Code, is amended
to read as follows:
(g) In addition to other amounts received by the district
under this section, the district is entitled to:
(1) state aid in the amount necessary to fund the
salary increases required by Section 19.009(d-2); and
(2) the preparing and retaining educators through
partnership program allotment under Section 48.157.
SECTION 2.03. 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 2.04. Subchapter A, Chapter 21, Education Code, is
amended by adding Sections 21.0032 and 21.0033 to read as follows:
Sec. 21.0032. EMPLOYMENT OF UNCERTIFIED CLASSROOM
TEACHERS. (a) A school district may not employ as a teacher of
record for a course in the foundation curriculum under Section
28.002 a person who does not hold an appropriate certificate or
permit required by the State Board for Educator Certification under
Subchapter B.
(a-1) Notwithstanding Subsection (a), on the receipt and
approval of a plan submitted by a school district to the
commissioner that provides a reasonable timeline and strategy to
comply with that subsection before the beginning of the 2029-2030
school year, the commissioner may allow the district to delay
implementation of the requirement of that subsection. This
subsection expires September 1, 2030.
(a-2) Notwithstanding Subsection (a) and Section 12A.004, a
school district that has adopted a local innovation plan under
Chapter 12A for the 2026-2027 school year that exempts the district
from the applicable teacher certification requirements under
Section 21.003 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 required by the State Board for Educator
Certification under Subchapter B. This subsection expires
September 1, 2027.
(b) This section does not preclude a school district from:
(1) receiving a waiver under Section 7.056; or
(2) issuing a school district teaching permit under
Section 21.055.
Sec. 21.0033. TEACHER CERTIFICATION INCENTIVE. (a) 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 2026-2027 school year; and
(4) was continuously employed by the district since
the school year described by Subdivision (1).
(b) This section expires September 1, 2028.
SECTION 2.05. Section 21.041, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) A rule proposed by the board under this section relating
to educator preparation is not subject to Section 2001.0045,
Government Code.
SECTION 2.06. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0412 to read as follows:
Sec. 21.0412. TYPES OF TEACHING CERTIFICATES. (a) In
proposing rules specifying the types of teaching certificates to be
issued under this subchapter, the board shall provide for a
candidate to be issued:
(1) a standard certificate if the candidate satisfies:
(A) all traditional teacher preparation
requirements under Section 21.04421; or
(B) the applicable alternative teacher
preparation requirements under Section 21.04423;
(2) an enhanced standard certificate if the candidate
satisfies all requirements of the teacher residency preparation
route established under Section 21.04422;
(3) an intern with preservice experience certificate,
which expires one year after issuance unless modified by the board,
if the candidate has yet to satisfy all requirements for
certification for a preservice alternative teacher preparation
route established under Section 21.04423(1) but has completed a
sufficient number of preservice practice hours to serve as a
teacher of record; and
(4) an intern certificate, which expires two years
after issuance unless modified by the board, if the candidate has
yet to satisfy all requirements for certification for an
alternative teacher preparation route established under Section
21.04423(2) but has met all board requirements to serve as a teacher
of record.
(b) Rules proposed under Subsection (a)(2) may not require a
candidate to pass a pedagogy examination unless the examination
tests subject-specific content appropriate for the grade level and
subject area for which the candidate seeks certification.
(c) A candidate for a certification described by Subsection
(a) must meet all other requirements imposed under this subchapter
or board rule applicable to the candidate's certification.
(d) This section does not prohibit the board from proposing
rules that provide for certifications other than the certifications
described by Subsection (a), including specialized certifications
and other types and classes of certifications.
SECTION 2.07. Section 21.044, Education Code, is amended by
adding Subsections (i) and (j) to read as follows:
(i) An educator preparation program participating in a
Preparing and Retaining Educators through Partnership Preservice
Program under Subchapter R shall:
(1) incorporate the applicable instructional
materials and training developed under Section 21.067, as
determined by the board;
(2) if applicable for the grade and subject area for
which a teacher candidate enrolled in the educator preparation
program is seeking certification, incorporate the literacy
achievement academies and mathematics achievement academies
established under Sections 21.4552 and 21.4553; and
(3) ensure that instruction and training described by
Subdivisions (1) and (2) are delivered by a person with appropriate
training who has successfully completed a certification related to
that training offered by the agency.
(j) For purposes of Subsection (i)(2), the board by rule
shall designate the components of a literacy achievement academy or
mathematics achievement academy under Section 21.4552 or 21.4553,
as applicable, that may be completed after receiving an intern with
preservice experience certificate under Section 21.0412.
SECTION 2.08. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.04421, 21.04422, and 21.04423 to read
as follows:
Sec. 21.04421. TRADITIONAL TEACHER PREPARATION. (a) In
proposing rules under this subchapter regarding training
requirements for a candidate seeking certification through a
traditional teacher preparation route in which a candidate may
concurrently receive an undergraduate or master's degree and a
certification to teach a subject area at a particular grade level,
the board shall require the candidate to complete substantial
preservice practice in a prekindergarten through grade 12
classroom.
(b) The rules proposed under Subsection (a) must require
training to be provided synchronously. The board may approve
components of the training to be delivered asynchronously on
application by an educator preparation program.
Sec. 21.04422. TEACHER RESIDENCY PREPARATION. (a) The
board shall propose rules under this subchapter to create a teacher
residency preparation route.
(b) In proposing rules for a teacher residency preparation
route under this section, the board must require that the program:
(1) use research-based best practices for recruiting
and admitting candidates into the program;
(2) integrate course work, classroom practice, formal
observation, and feedback;
(3) require a candidate to receive preservice practice
in a prekindergarten through grade 12 classroom for at least one
full school year;
(4) use multiple assessments to measure a candidate's
progress; and
(5) provide training synchronously, unless the
educator preparation program applies to and receives approval from
the board for an exception allowing the program to provide training
asynchronously.
Sec. 21.04423. ALTERNATIVE TEACHER PREPARATION. In
proposing rules under this subchapter regarding training
requirements for a candidate who has previously earned a degree and
is seeking certification through an alternative teacher
preparation route, the board shall establish:
(1) a preservice alternative teacher preparation
route that:
(A) requires the candidate to complete
substantial preservice practice in a prekindergarten through grade
12 classroom, which may include time spent serving as a
paraprofessional; and
(B) provides training synchronously, unless the
educator preparation program applies to and receives approval from
the board for an exception allowing the program to provide training
asynchronously; and
(2) an alternative teacher preparation route that
allows for flexibility in how a candidate may demonstrate
proficiency for certification.
SECTION 2.09. Section 21.0443, Education Code, is amended
to read as follows:
Sec. 21.0443. EDUCATOR PREPARATION PROGRAM APPROVAL AND
RENEWAL. (a) The board shall propose rules to establish standards
to govern the approval or renewal of approval of:
(1) educator preparation programs; [and]
(2) the teacher preparation routes established under
Sections 21.04421, 21.04422, and 21.04423; and
(3) certification fields authorized to be offered by
an educator preparation program.
(a-1) The board may review an educator preparation
program's curriculum:
(1) before the approval or renewal of approval of the
program; and
(2) at any time after the approval or renewal of the
approval of the program to ensure the program remains eligible for
approval by demonstrating that any changes to curriculum
requirements proposed by the board since the most recent review
have been incorporated into the curriculum.
(b) To be eligible for approval or renewal of approval, an
educator preparation program must:
(1) incorporate proactive instructional planning
techniques throughout coursework [course work] and across content
areas using a framework that:
(A) provides flexibility in the ways:
(i) information is presented;
(ii) students respond or demonstrate
knowledge and skills; and
(iii) students are engaged;
(B) reduces barriers in instruction;
(C) provides appropriate accommodations,
supports, and challenges; and
(D) maintains high achievement expectations for
all students, including students with disabilities and students of
limited English proficiency;
(2) integrate inclusive practices for all students,
including students with disabilities, and evidence-based
instruction and intervention strategies throughout coursework
[course work], clinical experience, and student teaching;
(3) ensure that the program complies in the same
manner as if the program were a school district with:
(A) the prohibitions and requirements under
Sections 28.0022(a)(1)-(4) regarding program instructional
personnel and coursework;
(B) the prohibitions under Section 28.0022(c)
regarding the acceptance of private funds; and
(C) the prohibitions under Section 28.0022(d)
regarding the punishment of students;
(4) if applicable, meet the requirements of Section
21.044(i);
(5) adequately prepare candidates for educator
certification; and
(6) [(4)] meet the standards and requirements of the
board.
(b-1) Nothing in Subsection (b)(3) may be construed as
limiting instruction in the essential knowledge and skills adopted
under Subchapter A, Chapter 28.
(b-2) Subsection (b)(3) applies only to coursework offered
by an educator preparation program for purposes of preparing a
candidate to meet educator preparation and certification
requirements. Subsection (b)(3) does not apply to other coursework
offered by an entity providing an educator preparation program that
is not included in the educator preparation program's requirements.
(c) The board shall require that each educator preparation
program be reviewed for renewal of approval at least every five
years. The board may require each educator preparation program to
be reviewed for renewal of approval at least annually. The board
shall adopt an evaluation process to be used in reviewing an
educator preparation program for renewal of approval.
(d) In adopting the evaluation process under Subsection
(c), the board shall consider including:
(1) quality indicators that reflect effective program
practices; and
(2) measures that provide for the observation of
program practices to ensure program quality.
SECTION 2.10. Section 21.049, Education Code, is amended to
read as follows:
Sec. 21.049. ALTERNATIVE EDUCATOR PREPARATION PROGRAMS
[CERTIFICATION]. (a) To provide a continuing additional source of
qualified educators, the board shall propose rules providing that
[for] educator certification programs may be provided by an
institution of higher education or another entity [as an
alternative to traditional educator preparation programs]. The
rules may not provide that a person may be certified under this
section only if there is a demonstrated shortage of educators in a
school district or subject area.
(b) The board may not require a person employed as a teacher
in an alternative education program under Section 37.008 or a
juvenile justice alternative education program under Section
37.011 for at least three years to complete an alternative educator
preparation [certification] program adopted under this section
before taking the appropriate certification examination.
SECTION 2.11. Sections 21.055(a), (b), and (c), Education
Code, are amended to read as follows:
(a) As provided by this section, a school district may issue
a school district teaching permit and employ as a teacher of record
a person who does not hold a teaching certificate issued by the
board on approval by the district's board of trustees.
(b) To be eligible for a school district teaching permit
under this section, a person must:
(1) hold a baccalaureate degree; or
(2) have served at or been employed by the district as
a paraprofessional for not less than 180 days during the preceding
calendar year and be:
(A) currently enrolled in a postsecondary
program that could lead to a baccalaureate degree; and
(B) on track to earn a baccalaureate degree and
receive a probationary certificate not later than the third
anniversary of the date the person receives a school district
teaching permit under this section.
(c) Promptly after employing a person described by
Subsection (b)(1) under this section, a school district shall send
to the commissioner a written statement identifying the person, the
person's qualifications as a teacher, and the subject or class the
person will teach. The person may teach the subject or class
pending action by the commissioner.
SECTION 2.12. Section 21.057, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) If the agency has developed a model notice for purposes
of this section, the superintendent must use that model to provide
the notice required under this section.
SECTION 2.13. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.067 to read as follows:
Sec. 21.067. EDUCATOR PREPARATION MATERIALS AND TRAINING.
(a) The commissioner shall develop and make available:
(1) instructional materials for use in educator
preparation programs under this subchapter; and
(2) training for faculty responsible for preparing
educator candidates.
(b) The materials and training developed under Subsection
(a) must:
(1) be research-based;
(2) support the development of proficiency in the
knowledge and skills specified by rules proposed under Section
21.044(a)(1); and
(3) allow for an educator candidate to demonstrate the
candidate's proficiency, including proficiency in the knowledge
and skills described by Subdivision (2).
SECTION 2.14. Section 21.402, Education Code, is amended by
adding Subsections (f-1), (f-2), (f-3), and (f-4) to read as
follows:
(f-1) A school district must pay to a classroom teacher with
zero years of experience who holds a certificate under Section
21.0412(a)(1), (2), or (3) a minimum salary that is greater than the
minimum salary paid to a classroom teacher with zero years of
experience who does not hold a certificate under Section
21.0412(a)(1), (2), or (3).
(f-2) The board of trustees of a school district may adopt
minimum salaries to satisfy the requirements of Subsection (f-1) as
follows:
(1) for a classroom teacher who holds a standard
certificate or intern with preservice experience certificate under
Section 21.0412(a)(1) or (3), $3,000; and
(2) for a classroom teacher who holds an enhanced
standard certificate under Section 21.0412(a)(2), $6,000.
(f-3) Subsection (f-1) does not apply to a stipend or other
form of compensation not included in a classroom teacher's minimum
salary under this section.
(f-4) A school district may not adopt a salary schedule that
differentiates classroom teacher salaries based solely on a
teacher's certification pathway for teachers who have five or more
years of teaching experience.
SECTION 2.15. Section 21.4552(f), Education Code, is
amended to read as follows:
(f) From money appropriated or otherwise available for the
purpose, including an allotment under Section 48.108, a school
district shall provide to an educator preparation program for each
teacher enrolled in the educator preparation program who holds an
intern with preservice experience certificate under Section
21.0412(a)(3) and completes a literacy achievement academy under
this section while employed by the district a one-time payment of
$1,000 or another amount set by the agency [This section expires
September 1, 2027].
SECTION 2.16. Section 21.4553(f), Education Code, is
amended to read as follows:
(f) From money appropriated or otherwise available for the
purpose, including an allotment under Section 48.108, a school
district shall provide to an educator preparation program for each
teacher enrolled in the educator preparation program who holds an
intern with preservice experience certificate under Section
21.0412(a)(3) and completes a mathematics achievement academy
under this section while employed by the district a one-time
payment of $500 or another amount set by the agency [This section
expires September 1, 2027].
SECTION 2.17. Chapter 21, Education Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP PROGRAMS
Sec. 21.901. DEFINITIONS. In this subchapter:
(1) "Alternative partnership preservice program"
means the Preparing and Retaining Educators through Partnership
Alternative Preservice Program established under Section 21.905.
(2) "Board" means the State Board for Educator
Certification.
(3) "Cooperating teacher" means a classroom teacher
who:
(A) has at least three full school years of
teaching experience with a superior record of assisting students in
achieving improvement in student performance;
(B) is employed as a teacher of record by a school
district or open-enrollment charter school participating in a
partnership preservice program or grow your own partnership program
under this subchapter and paired with one or more teacher
candidates, students, or employees who are participating in a
program under this subchapter; and
(C) provides coaching in the teacher's classroom
to one or more teacher candidates, students, or employees
participating in a program under this subchapter.
(4) "Grow your own partnership program" means the
Preparing and Retaining Educators through Partnership Grow Your Own
Partnership Program established under Section 21.906.
(5) "Mentor teacher" means a mentor teacher as
described by Section 21.458.
(6) "Partnership preservice program" means a
Preparing and Retaining Educators through Partnership Preservice
Program established under Section 21.902.
(7) "Residency partnership preservice program" means
the Preparing and Retaining Educators through Partnership
Residency Preservice Program established under Section 21.904.
(8) "Teacher candidate" means a person enrolled in an
educator preparation program participating in a partnership
preservice program.
(9) "Traditional partnership preservice program"
means the Preparing and Retaining Educators through Partnership
Traditional Preservice Program established under Section 21.903.
Sec. 21.902. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP PRESERVICE PROGRAMS. (a) The commissioner shall
establish Preparing and Retaining Educators through Partnership
Preservice Programs to enable qualified educator preparation
programs, as determined by the commissioner, to form partnerships
with school districts and open-enrollment charter schools to
provide preservice practice opportunities in a prekindergarten
through grade 12 classroom for teacher candidates at the district
or school through the traditional partnership preservice program,
the residency partnership preservice program, or the alternative
partnership preservice program.
(b) A partnership preservice program must be designed to:
(1) allow teacher candidates to receive field-based
experience working with cooperating teachers in prekindergarten
through grade 12 classrooms; and
(2) gradually increase the amount of time a teacher
candidate spends engaging in instructional responsibilities,
including observation, co-teaching, and lead-teaching
responsibilities.
(c) A school district or open-enrollment charter school
participating in a partnership preservice program shall:
(1) enter into a written agreement with an approved
educator preparation program to:
(A) provide a teacher candidate with clinical
teaching opportunities at the district or school in the subject
area and grade level for which the candidate seeks certification;
and
(B) pair the teacher candidate with a cooperating
teacher who has successfully completed a training program for
cooperating teachers that, if required by the agency, must be
established or adopted by the agency;
(2) use money received under Section 48.157 only to
implement the partnership preservice program;
(3) ensure that a teacher candidate is mentored by a
mentor teacher who has completed mentorship training under Section
21.907 for the candidate's first two years as a teacher of record
after completing a partnership preservice program; and
(4) provide any information required by the agency
regarding the district's or school's implementation of a
partnership preservice program.
(d) A school district or open-enrollment charter school may
only pair a teacher candidate with a cooperating teacher who agrees
to participate in that role in a partnership preservice program at
the district or school.
(e) A teacher candidate participating in a partnership
preservice program may not serve:
(1) as a teacher of record; or
(2) except as provided by Subsection (f), in a
position in which the student or employee has the primary or sole
responsibility of providing instruction or supervision to
students.
(f) A teacher candidate participating in a partnership
preservice program may serve in a position described by Subsection
(e)(2) for the limited purpose of gaining experience in the
position. The teacher candidate's amount of time serving in that
position may not exceed the amount of time during which the teacher
of record for the students has the primary or sole responsibility of
providing instruction or supervision to those students.
(g) To be qualified to participate in a partnership
preservice program, an educator preparation program must meet the
requirements under Section 21.044(i).
Sec. 21.903. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP TRADITIONAL PRESERVICE PROGRAM. (a) The commissioner
shall establish the Preparing and Retaining Educators through
Partnership Traditional Preservice Program as a partnership
preservice program to enable qualified educator preparation
programs, as determined by the commissioner, that meet the
traditional teacher preparation requirements under Section
21.04421 to form partnerships with school districts or
open-enrollment charter schools to help prepare candidates for a
standard certificate.
(b) The program must be designed to:
(1) meet the requirements of a partnership preservice
program under Section 21.902; and
(2) allow a teacher candidate to satisfy the
traditional teacher preparation requirements under Section
21.04421.
(c) A school district or open-enrollment charter school
participating in the traditional partnership preservice program
shall use money received under Section 48.157(b)(1) to provide
compensation to:
(1) teacher candidates for preservice practice hours
at the district or school in an amount of at least $3,000 for
salary; and
(2) cooperating teachers who are paired with teacher
candidates at the district or school in an amount of at least
$1,000.
(d) In addition to the amount provided by Subsection (c)(1),
a school district or open-enrollment charter school shall provide
compensation to teacher candidates in any amount above the amount
provided by that subdivision for salary using money received under
Section 48.157 or from any other available source.
Sec. 21.904. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP RESIDENCY PRESERVICE PROGRAM. (a) The commissioner
shall establish the Preparing and Retaining Educators through
Partnership Residency Preservice Program as a partnership
preservice program to enable qualified educator preparation
programs, as determined by the commissioner, that meet the teacher
residency preparation requirements under Section 21.04422 to form
partnerships with school districts or open-enrollment charter
schools to help prepare candidates for an enhanced standard
certificate.
(b) The program must be designed to:
(1) meet the requirements of a partnership preservice
program under Section 21.902; and
(2) allow a teacher candidate to satisfy the teacher
residency preparation requirements under Section 21.04422.
(c) A school district or open-enrollment charter school
participating in the residency partnership preservice program
shall use money received under Section 48.157(b)(2) to provide
compensation to:
(1) teacher candidates for preservice practice hours
at the district or school in an amount of at least $10,000 for
salary; and
(2) cooperating teachers who are paired with teacher
candidates at the district or school in an amount of at least
$2,000.
(d) In addition to the amount provided by Subsection (c)(1),
a school district or open-enrollment charter school shall provide
compensation to teacher candidates in an amount of at least $10,000
for salary using money received under Section 48.157 or from any
other available source.
(e) An educator preparation program is not required to
incorporate the instruction described by Section 21.044(i) to be
eligible to participate in a residency partnership preservice
program until the date on which rules proposed by the State Board
for Educator Certification to implement that subsection take
effect. This subsection expires September 1, 2028.
Sec. 21.905. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP ALTERNATIVE PRESERVICE PROGRAM. (a) The commissioner
shall establish the Preparing and Retaining Educators through
Partnership Alternative Preservice Program as a partnership
preservice program to enable qualified educator preparation
programs, as determined by the commissioner, that meet the
preservice alternative teacher preparation requirements under
Section 21.04423 to form partnerships with school districts or
open-enrollment charter schools to help prepare candidates for an
intern with preservice experience certificate or standard
certificate.
(b) The program must be designed to:
(1) meet the requirements of a partnership preservice
program under Section 21.902; and
(2) allow a teacher candidate to satisfy the
preservice alternative teacher preparation requirements under
Section 21.04423(1).
(c) A school district or open-enrollment charter school
participating in the alternative partnership preservice program
shall use money received under Section 48.157(b)(3) to provide
compensation to:
(1) teacher candidates for preservice practice hours
at the district or school in an amount of at least $3,000 for
salary; and
(2) cooperating teachers who are paired with teacher
candidates at the district or school in an amount of at least
$1,000.
(d) In addition to the amount provided by Subsection (c)(1),
a school district or open-enrollment charter school shall provide
compensation to teacher candidates in any amount above the amount
provided by that subdivision for salary using money received under
Section 48.157 or from any other available source.
Sec. 21.906. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP GROW YOUR OWN PARTNERSHIP PROGRAM. (a) The
commissioner shall establish the Preparing and Retaining Educators
through Partnership Grow Your Own Partnership Program to enable
qualified institutions of higher education and educator
preparation programs, as determined by the commissioner, to form
partnerships with school districts or open-enrollment charter
schools to establish innovative staffing pipelines to ensure the
availability of high-quality classroom teachers to benefit future
district or school students.
(b) The grow your own partnership program must be designed
to form partnerships that support:
(1) high school students in completing career and
technical education courses that help prepare the students to
become classroom teachers; or
(2) district or school employees who do not hold a
teaching certificate in completing a bachelor's degree to enable
the person to become a classroom teacher while employed by the
district or school.
(c) A school district or open-enrollment charter school may
participate in a grow your own partnership program only if the
district or school has been approved to participate in a
partnership preservice program.
(d) A school district or open-enrollment charter school
participating in the grow your own partnership program shall:
(1) for a partnership described by Subsection (b)(1),
provide:
(A) authentic opportunities, which may be paid or
unpaid, for students to practice teaching under the supervision of
one or more cooperating teachers; and
(B) guidance and other transition supports as a
student begins an undergraduate degree program that offers a route
to teacher preparation;
(2) for a partnership described by Subsection (b)(2),
provide for a district or school employee:
(A) scheduled release time to support the
completion of a bachelor's degree;
(B) authentic opportunities to practice teaching
under the supervision of one or more cooperating teachers;
(C) on-the-job training aligned with the
standards for educator certification established by the board;
(D) a job assignment that includes instructional
support for students enrolled in the district or school; and
(E) guidance and other transition supports as the
employee begins a program to satisfy the teacher preparation
requirements under Section 21.04421, 21.04422, or 21.04423;
(3) enter into a written agreement with an institution
of higher education or educator preparation program;
(4) require an employee participating in a partnership
described by Subsection (b)(2) to, as a condition for
participation, earn a bachelor's degree and enroll in an educator
preparation program within three years of beginning participation
in the partnership; and
(5) provide any information required by the agency
regarding the district's or school's implementation of the grow
your own partnership program.
(e) A school district or open-enrollment charter school may
use money received under Section 48.157 to implement the grow your
own partnership program and pay tuition and fees for students or
employees participating in the program.
(f) A school district or open-enrollment charter school may
only pair a student or employee participating in the program with a
cooperating teacher who agrees to participate in that role in a grow
your own partnership program at the district or school.
(g) A student or employee participating in the program may
not serve:
(1) as a teacher of record; or
(2) except as provided by Subsection (h), in a
position in which the student or employee has the primary or sole
responsibility of providing instruction or supervision to
students.
(h) A student or employee participating in the program may
serve in a position described by Subsection (g)(2) for the limited
purpose of gaining experience in the position. The student's or
employee's amount of time serving in that position may not exceed
the amount of time during which the teacher of record for the
students has the primary or sole responsibility of providing
instruction or supervision to those students.
Sec. 21.907. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP MENTORSHIP PROGRAM. (a) The commissioner shall
establish a preparing and retaining educators through partnership
mentorship program through which participating school districts or
open-enrollment charter schools implement a mentoring program that
meets the requirements of Section 21.458 for classroom teachers who
have less than two years of teaching experience.
(b) A school district or open-enrollment charter school
participating in the program must require a classroom teacher who
serves as a mentor teacher to annually complete a training program
for mentor teachers established or adopted by the agency.
(c) A school district or open-enrollment charter school
shall use money received under Section 48.157(b)(5) to provide
stipends for mentor teachers in an amount of at least $1,000.
(d) If any money remains after providing a stipend to mentor
teachers in accordance with Subsection (c), the district may use
that money to provide:
(1) scheduled release time for mentor teachers and
classroom teachers being mentored to meet and engage in mentoring
activities; and
(2) support for mentor teachers through mentor
training and strategic staffing training.
Sec. 21.908. EDUCATOR PREPARATION PROGRAM SUPPORT. The
agency shall develop and maintain a program to assist educator
preparation programs in implementing this subchapter.
Sec. 21.909. PROGRAM STANDARDS AND PERFORMANCE GOALS. (a)
The commissioner shall adopt rules establishing:
(1) standards for partnership programs established
under this subchapter, including eligibility criteria for educator
preparation programs and institutions of higher education to
participate in the partnership programs; and
(2) performance goals for partnership programs
established under this subchapter.
(b) The commissioner shall periodically review the
performance of each partnership program established under this
subchapter to ensure the program meets the standards and
performance goals established under Subsection (a).
(c) If, in reviewing a partnership program under Subsection
(b), the commissioner determines that the program has failed to
meet a performance goal established under Subsection (a), the
commissioner shall prohibit the entity that failed to meet the
performance goal from participating in a partnership program under
this subchapter for a period not to exceed five years.
Sec. 21.910. AUTHORITY TO ACCEPT CERTAIN MONEY. The
commissioner may solicit and accept gifts, grants, and donations
from public and private entities to use for the purposes of this
subchapter.
Sec. 21.911. RULES. The commissioner shall adopt rules as
necessary to implement this subchapter.
SECTION 2.18. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.157 to read as follows:
Sec. 48.157. PREPARING AND RETAINING EDUCATORS THROUGH
PARTNERSHIP PROGRAM ALLOTMENT. (a) In this section, "teacher
candidate" has the meaning assigned by Section 21.901.
(b) Subject to Subsections (f) and (g), a school district is
entitled to an annual allotment equal to each of the following
applicable amounts:
(1) for each teacher candidate completing preservice
practice hours at the district under Section 21.903, the sum of:
(A) $10,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $2,000;
(2) for each teacher candidate completing preservice
practice hours at the district under Section 21.904, the sum of:
(A) $24,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $3,000;
(3) for each teacher candidate completing preservice
practice hours at the district under Section 21.905, the sum of:
(A) $10,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $2,000;
(4) for each district employee participating in a
partnership described by Section 21.906(b)(2), the sum of:
(A) $8,000; and
(B) the high needs and rural factor, as
determined under Subsection (c), multiplied by $1,000; and
(5) for each classroom teacher being mentored under
the preparing and retaining educators through partnership
mentorship program established under Section 21.907, $3,000.
(c) The high needs and rural factor is the lesser of:
(1) the average of the point value assigned to each
student at a district campus under Sections 48.112(e) and (f); or
(2) 4.0.
(d) In addition to the funding under Subsection (b), a
district is entitled to an additional $2,000 for each teacher
candidate described by Subsection (b)(1), (2), or (3) who is a
candidate for certification in bilingual education or special
education.
(e) The Texas School for the Deaf and the Texas School for
the Blind and Visually Impaired are entitled to an allotment under
this section. If the commissioner determines that assigning point
values under Subsection (c) to students enrolled in the Texas
School for the Deaf or the Texas School for the Blind and Visually
Impaired is impractical, the commissioner may use the average point
value assigned for those students' home districts for purposes of
calculating the high needs and rural factor.
(f) Unless a greater number of individuals is provided for
by appropriation for that school year, a school district may
receive an allotment for a school year for not more than:
(1) except as provided by Subsection (g), 40
individuals under each of Subsections (b)(2), (4), and (5); and
(2) a total of 80 individuals under Subsections (b)(1)
and (3).
(g) If more than 40 individuals are eligible to receive an
allotment under Subsection (b)(2) for a school district, the
district is entitled to an allotment under Subsection (b)(1) for
those individuals, subject to the limitation under Subsection
(f)(2).
(h) For purposes of offsetting tuition, fees, and
administrative costs, using money to which a school district is
otherwise entitled under Subsection (b), the commissioner shall
provide to a teacher candidate's educator preparation program each
of the following applicable amounts and reduce the district's
allotment under that subsection accordingly:
(1) $5,000 for each teacher candidate who completed a
partnership preservice program under Section 21.903 who obtains a
standard certificate and has completed one year of employment with
the district;
(2) $10,000 for each teacher candidate who completed a
partnership preservice program under Section 21.904 who obtains an
enhanced standard certificate and has completed one year of
employment with the district; and
(3) $2,500 for each teacher candidate participating in
the alternative partnership preservice program under Section
21.905 who holds an intern with preservice experience certificate,
and an additional $2,500 for each teacher candidate who completes
the alternative partnership preservice program and obtains a
standard certificate under Section 21.0412.
(i) An institution of higher education that operates an
educator preparation program that receives money under Subsection
(h) must spend not less than 85 percent of the money received on the
educator preparation program for which the money was received.
(j) The agency shall only provide:
(1) an initial payment of $4,000 of the money the
school district is entitled to receive under Subsection (b)(1) for
a teacher candidate until the teacher candidate successfully
completes the requirements of a partnership preservice program
under Section 21.903 by the deadline established by the agency;
(2) an initial payment of $12,000 of the money the
school district is entitled to receive under Subsection (b)(2) for
a teacher candidate until the teacher candidate successfully
completes the requirements of a partnership preservice program
under Section 21.904 by the deadline established by the agency;
(3) an initial payment of $4,000 of the money the
school district is entitled to receive under Subsection (b)(3) for
a teacher candidate until the teacher candidate successfully
completes the requirements of an alternative partnership
preservice program under Section 21.905 by the deadline established
by the agency and issuance of an intern with preservice experience
certificate; and
(4) 50 percent of the money the school district is
entitled to receive under Subsection (b)(4) for a district employee
on the employee's successful completion of a bachelor's degree by
the deadline established by the agency.
SECTION 2.19. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.310 to read as follows:
Sec. 48.310. ALLOTMENT FOR COMPLETION OF TEACHER LITERACY
OR MATHEMATICS ACHIEVEMENT ACADEMIES. An educator preparation
program participating in a Preparing and Retaining Educators
through Partnership Preservice Program under Section 21.902,
21.903, 21.904, or 21.905 is entitled to an annual allotment for
each teacher candidate who completes a literacy achievement academy
or mathematics achievement academy under Section 21.4552 or 21.4553
approved by the agency for the purpose in the amount of:
(1) $1,000, or a greater amount set by appropriation
for that school year, for the completion of a literacy achievement
academy; or
(2) $500, or a greater amount set by appropriation for
that school year, for the completion of a mathematics achievement
academy.
SECTION 2.20. (a) The following provisions of the
Education Code are repealed:
(1) Section 21.051(a); and
(2) Subchapter Q, Chapter 21.
(b) Effective September 1, 2026, Section 48.114, Education
Code, is repealed.
(c) Section 825.4092(f), Government Code, is repealed.
SECTION 2.21. Section 12A.004(a), Education Code, as
amended by this article, applies to each local innovation plan
adopted under Chapter 12A, Education Code, regardless of whether
the plan was adopted before, on, or after the effective date of this
article. A local innovation plan adopted or renewed before the
effective date of this article must comply with Section 12A.004(a),
Education Code, as amended by this article, not later than
September 1, 2026.
SECTION 2.22. (a) Except as otherwise provided by
Subsection (b) of this section, this article applies beginning with
the 2025-2026 school year.
(b) Section 21.0032, Education Code, as added by this
article, and Section 21.402, Education Code, as amended by this
article, apply beginning with the 2026-2027 school year.
SECTION 2.23. (a) Sections 48.157 and 48.310, Education
Code, as added by this article, take effect September 1, 2026.
(b) Except as provided by Subsection (a) of this section and
as otherwise provided by this Act, this article takes effect
immediately if this Act 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 article takes effect September
1, 2025.
ARTICLE 3. RIGHTS OF PUBLIC SCHOOL EDUCATORS
SECTION 3.01. 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 3.02. 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 3.03. 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 3.04. 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 3.05. 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 3.06. 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 3.07. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.418 to read as follows:
Sec. 21.418. 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 3.08. Subchapter J, Chapter 21, Education Code, is
amended by adding Sections 21.466 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 and
mentorship opportunities, and staff retention, including by
identifying opportunities to reduce noninstructional duties for
teachers;
(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, including by developing partnerships with educator
preparation 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. 21.468. 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 3.09. 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 3.10. 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 3.11. 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 3.12. Section 21.257(f), Education Code, as added
by this article, applies only to a hearing before a hearing examiner
commenced on or after the effective date of this article.
SECTION 3.13. Sections 11.1513(d) and (e), Education Code,
as amended by this article, and Section 21.418, Education Code, as
added by this article, apply beginning with the 2025-2026 school
year.
SECTION 3.14. To the extent of any conflict between the
changes made to the Education Code by this article and the changes
made to the Education Code by another Act of the 89th Legislature,
Regular Session, 2025, the changes made by this article prevail.
SECTION 3.15. This article takes effect immediately if this
Act 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 article takes effect September 1, 2025.
ARTICLE 4. SPECIAL EDUCATION
SECTION 4.01. Section 7.021(b)(10), Education Code, is
amended to read as follows:
(10) The agency shall carry out duties assigned under
Section 30.002 concerning children who have visual impairments, are
deaf or hard of hearing, or are deaf-blind [with visual
impairments].
SECTION 4.02. Section 7.055(b)(25), Education Code, is
amended to read as follows:
(25) The commissioner shall develop a system to
distribute to school districts or regional education service
centers a special supplemental allowance for students with visual
impairments as required under Section 30.0021 [30.002].
SECTION 4.03. Section 8.051(d), Education Code, is amended
to read as follows:
(d) Each regional education service center shall maintain
core services for purchase by school districts and campuses. The
core services are:
(1) training and assistance in:
(A) teaching each subject area assessed under
Section 39.023; and
(B) providing instruction in personal financial
literacy as required under Section 28.0021;
(2) training and assistance in providing each program
that qualifies for a funding allotment under Section 48.102,
48.1021, 48.103, 48.104, 48.105, or 48.109;
(3) assistance specifically designed for a school
district or campus assigned an unacceptable performance rating
under Section 39.054;
(4) training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5) assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6) assistance in complying with state laws and rules.
SECTION 4.04. Sections 28.025(c-7) and (c-8), Education
Code, are amended to read as follows:
(c-7) Subject to Subsection (c-8), a student who is enrolled
in a special education program under Subchapter A, Chapter 29, may
earn the distinguished level of achievement under Subsection (b-15)
or an endorsement on the student's transcript under Subsection
(c-1) by:
(1) successfully completing, with or without
modification of the curriculum:
(A) the curriculum requirements identified by
the State Board of Education under Subsection (a); [and]
(B) for the distinguished level of achievement,
the additional curriculum requirements prescribed under Subsection
(b-15); and
(C) for an endorsement, the additional
[endorsement] curriculum requirements prescribed by the State
Board of Education under Subsection (c-2); and
(2) successfully completing all curriculum
requirements for the distinguished level of achievement or that
endorsement adopted by the State Board of Education:
(A) without modification of the curriculum; or
(B) with modification of the curriculum,
provided that the curriculum, as modified, is sufficiently rigorous
as determined by the student's admission, review, and dismissal
committee and documented in the student's individualized education
program.
(c-8) For purposes of Subsection (c-7), the admission,
review, and dismissal committee of a student in a special education
program under Subchapter A, Chapter 29, shall determine whether the
student is required to achieve satisfactory performance on an
end-of-course assessment instrument to earn the distinguished
level of achievement or an endorsement on the student's transcript.
SECTION 4.05. Section 29.001, Education Code, is amended to
read as follows:
Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
LAW [STATEWIDE PLAN]. (a) As the state education agency
responsible for carrying out the purposes of Part B, Individuals
with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),
the [The] agency shall develop, and revise [modify] as necessary, a
comprehensive system to ensure statewide and local compliance
[design, consistent] with federal and state law related to special
education[, for the delivery of services to children with
disabilities in this state that includes rules for the
administration and funding of the special education program so that
a free appropriate public education is available to all of those
children between the ages of three and 21].
(b) The comprehensive system must [statewide design shall]
include the provision of services primarily through school
districts and shared services arrangements, supplemented by
regional education service centers.
(c) The comprehensive system must focus on maximizing
student outcomes and include [agency shall also develop and
implement a statewide plan with programmatic content that includes
procedures designed to]:
(1) rulemaking, technical assistance, guidance
documents, monitoring protocols, data elements necessary for
statewide reporting, and other resources as necessary to implement
and ensure compliance with federal and state law related to special
education [ensure state compliance with requirements for
supplemental federal funding for all state-administered programs
involving the delivery of instructional or related services to
students with disabilities];
(2) the facilitation of [facilitate] interagency
coordination when other state agencies are involved in the delivery
of instructional or related services to students with disabilities;
(3) the pursuit of [periodically assess statewide
personnel needs in all areas of specialization related to special
education and pursue] strategies to meet statewide special
education and related services personnel [those] needs [through a
consortium of representatives from regional education service
centers, local education agencies, and institutions of higher
education and through other available alternatives];
(4) ensuring [ensure] that regional education service
centers throughout the state maintain a regional support function,
which may include procedures for service centers to assist school
districts in identifying existing public or private educational or
related services in each region, cooperatively developing programs
for students with disabilities, providing to or obtaining for
school districts special equipment, delivering services, and
facilitating [direct service delivery and a component designed to
facilitate] the placement of students with disabilities who cannot
be appropriately served in their resident districts;
(5) [allow the agency to] effectively monitoring
[monitor] and periodically conducting [conduct] site visits of all
school districts to ensure that rules adopted under this subchapter
[section] are applied in a consistent and uniform manner, to ensure
that districts are complying with those rules, and to ensure that
annual statistical reports filed by the districts and not otherwise
available through the Public Education Information Management
System under Sections 48.008 and 48.009 are accurate and complete;
and
(6) the provision of training and technical assistance
to ensure that:
(A) appropriately trained personnel are involved
in the diagnostic and evaluative procedures operating in all
districts and that those personnel routinely serve on district
multidisciplinary evaluation teams and admissions, review, and
dismissal committees;
(B) [(7) ensure that] an individualized
education program for each student with a disability is properly
developed, implemented, and maintained in the least restrictive
environment that is appropriate to meet the student's educational
needs;
(C) appropriately trained personnel are
available to students with disabilities who have significant
behavioral support needs, including by making behavioral support
training available to each paraprofessional or teacher placed in a
classroom or other setting that is intended to provide specialized
behavioral supports to a student with a disability, as needed or at
regular intervals as provided in the student's individualized
education program;
(D) [(8) ensure that,] when appropriate, each
student with a disability is provided an opportunity to participate
in career and technology and physical education classes[, in
addition to participating in regular or special classes];
(E) [(9) ensure that] each student with a
disability is provided necessary related services;
(F) school districts have an opportunity to
request technical assistance from the agency or a regional
education service center in establishing classroom environments
conducive to learning for students with disabilities, including
environments for students whose data indicate behavior that
significantly impedes the student's own learning and the learning
of other students;
(G) [(10) ensure that] an individual assigned
to act as a surrogate parent for a child with a disability, as
provided by 20 U.S.C. Section 1415(b), is required to:
(i) [(A)] complete a training program that
complies with minimum standards established by agency rule;
(ii) [(B)] visit the child and the child's
school;
(iii) [(C)] consult with persons involved
in the child's education, including teachers, caseworkers,
court-appointed volunteers, guardians ad litem, attorneys ad
litem, foster parents, and caretakers;
(iv) [(D)] review the child's educational
records;
(v) [(E)] attend meetings of the child's
admission, review, and dismissal committee;
(vi) [(F)] exercise independent judgment
in pursuing the child's interests; and
(vii) [(G)] exercise the child's due
process rights under applicable state and federal law; and
(H) [(11) ensure that] each district develops a
process to be used by a teacher who instructs a student with a
disability in a general education [regular] classroom setting:
(i) [(A)] to request a review of the
student's individualized education program;
(ii) [(B)] to provide input in the
development of the student's individualized education program;
(iii) [(C)] that provides for a timely
district response to the teacher's request; and
(iv) [(D)] that provides for notification
to the student's parent or legal guardian of that response.
SECTION 4.06. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0012 to read as follows:
Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
least once each year, the board of trustees of a school district or
the governing body of an open-enrollment charter school shall
include during a public meeting a discussion of the performance of
students receiving special education services at the district or
school.
(b) The agency by rule shall adopt a set of performance
indicators for measuring and evaluating the quality of learning and
achievement for students receiving special education services at
the school district or open-enrollment charter school to be
considered at a meeting held under this section. The indicators
must include performance on the college, career, or military
readiness outcomes described by Section 48.110.
SECTION 4.07. Section 29.003, Education Code, is amended to
read as follows:
Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
develop specific eligibility criteria based on the general
classifications established by this section and in accordance with
federal law [with reference to contemporary diagnostic or
evaluative terminologies and techniques]. Eligible students with
disabilities shall enjoy the right to a free appropriate public
education, which may include instruction in the general education
[regular] classroom, instruction through special teaching, or
instruction through contracts approved under this subchapter.
Instruction shall be supplemented by the provision of related
services when appropriate.
(b) A student is eligible to participate in a school
district's special education program [if the student]:
(1) from birth through [is not more than] 21 years of
age if the student [and] has a visual [or auditory] impairment, is
deaf or hard of hearing, or is deaf-blind and that disability
prevents the student from being adequately or safely educated in
public school without the provision of special education services;
[or]
(2) from three years of age through nine years of age
if the student is experiencing developmental delays as described by
20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
(3) from 3 years of age through [is at least three but
not more than] 21 years of age if the student [and] has one or more
of the [following] disabilities described by 20 U.S.C. Section
1401(3)(A) and that disability prevents the student from being
adequately or safely educated in public school without the
provision of special education services[:
[(A) physical disability;
[(B) intellectual or developmental disability;
[(C) emotional disturbance;
[(D) learning disability;
[(E) autism;
[(F) speech disability; or
[(G) traumatic brain injury].
SECTION 4.08. Sections 29.005(a), (d), and (e), Education
Code, are amended to read as follows:
(a) Before a child is enrolled in a special education
program of a school district, the district shall establish a
committee composed of the persons required under 20 U.S.C. Section
1414(d) to develop the child's individualized education program.
If a committee is required to include a general [regular] education
teacher, the [regular education] teacher included must, to the
extent practicable, be a teacher who is responsible for
implementing a portion of the child's individualized education
program.
(d) If the primary language of the child's parent is a
language other than [is unable to speak] English, the district
shall:
(1) provide the parent with a written or audiotaped
copy of the child's individualized education program translated
into Spanish if Spanish is the parent's primary [native] language;
or
(2) if the parent's primary [native] language is a
language other than Spanish, make a good faith effort to provide the
parent with a written or audiotaped copy of the child's
individualized education program translated into the parent's
primary [native] language.
(e) The commissioner by rule may require a school district
to include in the individualized education program of a student
with autism [or another pervasive developmental disorder] any
information or requirement determined necessary to ensure the
student receives a free appropriate public education as required
under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.).
SECTION 4.09. Section 29.0051, Education Code, is amended
by adding Subsection (d) to read as follows:
(d) From federal money appropriated or otherwise available
for the purpose, the commissioner may develop or procure the model
form developed under Subsection (a) in a digital format. If the
commissioner develops or procures the model form in a digital
format, the commissioner shall adopt rules regarding school
district use of the form in that format.
SECTION 4.10. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0056 to read as follows:
Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
CENTERS. (a) In this section, "state supported living center" has
the meaning assigned by Section 531.002, Health and Safety Code.
(b) The Health and Human Services Commission, in
collaboration with the agency and stakeholders who represent the
full continuum of educational residential placement options, shall
develop and provide to the agency materials regarding educational
residential placement options for children who may qualify for
placement in a state supported living center. The agency shall make
the materials developed under this subsection available to school
districts.
(c) At a meeting of a child's admission, review, and
dismissal committee at which residential placement is discussed,
the school district shall provide to the child's parent the
materials developed under Subsection (b).
SECTION 4.11. Sections 29.006(a) and (c), Education Code,
are amended to read as follows:
(a) The governor shall appoint a continuing advisory
committee consistent with[, composed of 17 members, under] 20
U.S.C. Section 1412(a)(21). At least one member appointed under
this subsection must be a director of special education programs
for a school district.
(c) Members of the committee are appointed for staggered
terms of four years with the terms of half of the [eight or nine]
members or, for an odd number of members, half of the members
rounded down or half of the members rounded up expiring on February
1 of each odd-numbered year.
SECTION 4.12. Section 29.008, Education Code, is amended to
read as follows:
Sec. 29.008. CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY
PLACEMENT PROGRAMS. (a) The commissioner shall set minimum
standards for and develop and update as necessary a list of approved
public or private facilities, institutions, agencies, or
businesses inside or outside of this state that a [A] school
district, shared services arrangement unit, or regional education
service center may contract with [a public or private facility,
institution, or agency inside or outside of this state] for the
provision of services to students with disabilities in a
residential or day placement program.
(a-1) [Each contract for residential placement must be
approved by the commissioner.] The commissioner may approve a
facility, institution, agency, or business under Subsection (a)
[residential placement contract] only after at least a programmatic
evaluation of personnel qualifications, costs, adequacy of
physical plant and equipment, and curriculum content. [The
commissioner may approve either the whole or a part of a facility or
program.]
(a-2) Each contract described by this section must be
approved by the commissioner. A school district, shared services
arrangement unit, or regional education service center seeking to
place a student in a residential or day placement program that is
not on the list developed under Subsection (a) must submit to the
commissioner an application for approval in accordance with
Subsections (a) and (a-1).
(b) Except as provided by Subsection (c), costs of an
approved contract for residential placement may be paid from a
combination of federal, state, and local funds. The local share of
the total contract cost for each student is that portion of the
local tax effort that exceeds the district's local fund assignment
under Section 48.256, divided by the average daily attendance in
the district. If the contract involves a private facility, the
state share of the total contract cost is that amount remaining
after subtracting the local share. If the contract involves a
public facility, the state share is that amount remaining after
subtracting the local share from the portion of the contract that
involves the costs of instructional and related services. For
purposes of this subsection, "local tax effort" means the total
amount of money generated by taxes imposed for debt service and
maintenance and operation less any amounts paid into a tax
increment fund under Chapter 311, Tax Code. This subsection
expires September 1, 2027.
(c) When a student, including one for whom the state is
managing conservator, is placed primarily for care or treatment
reasons in a private [residential] facility that operates its own
private education program, none of the costs may be paid from public
education funds. If a [residential] placement primarily for care
or treatment reasons involves a private [residential] facility in
which the education program is provided by the school district, the
portion of the costs that includes appropriate education services,
as determined by the school district's admission, review, and
dismissal committee, shall be paid from local, state, and federal
education funds.
(d) A district that contracts for the provision of education
services rather than providing the services itself shall oversee
the implementation of the student's individualized education
program and shall annually reevaluate the appropriateness of the
arrangement. The reevaluation must include standards and
expectations that must be met to reintegrate the student to the
general education setting. An approved facility, institution, [or]
agency, or business with whom the district contracts shall
periodically report to the district and the agency on the services
the student has received or will receive in accordance with the
contract as well as diagnostic or other evaluative information that
the district or agency requires in order to fulfill its obligations
under this subchapter.
(e) The commissioner shall adopt rules for residential and
day placement of students receiving special education services.
SECTION 4.13. The heading to Section 29.009, Education
Code, is amended to read as follows:
Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
DISABILITIES].
SECTION 4.14. Section 29.010, Education Code, is amended to
read as follows:
Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
agency shall develop [adopt] and implement a comprehensive system
for monitoring school district compliance with federal and state
laws relating to special education. The monitoring system must
include a comprehensive cyclical process and a targeted risk-based
process [provide for ongoing analysis of district special education
data and of complaints filed with the agency concerning special
education services and for inspections of school districts at
district facilities]. The agency shall establish criteria and
instruments for use in determining district compliance under this
section [use the information obtained through analysis of district
data and from the complaints management system to determine the
appropriate schedule for and extent of the inspection].
(a-1) As part of the monitoring system, the agency may
require a school district to obtain specialized technical
assistance for a documented noncompliance issue or if data
indicates that technical assistance is needed, such as an incident
involving injury to staff or students by a student receiving
special education services or data indicating an excessive number
of restraints are used on students receiving special education
services.
(b) As part of the monitoring process [To complete the
inspection], the agency must obtain information from parents and
teachers of students in special education programs in the district.
(c) The agency shall develop and implement a system of
interventions and sanctions for school districts the agency
identifies as being in noncompliance with [whose most recent
monitoring visit shows a failure to comply with major requirements
of] the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.), federal regulations, state statutes, or
agency requirements necessary to carry out federal law or
regulations or state law relating to special education.
(d) The agency shall establish a system of progressive
sanctions and enforcement provisions to apply to [For] districts
that remain in noncompliance for more than one year[, the first
stage of sanctions shall begin with annual or more frequent
monitoring visits]. The [Subsequent] sanctions must [may] range in
severity and may include [up to] the withholding of funds. If funds
are withheld, the agency may use the funds, or direct the funds to
be used, to provide, through alternative arrangements, services to
students and staff members in the district from which the funds are
withheld.
(e) The agency's complaint management division shall
develop a system for expedited investigation and resolution of
complaints concerning a district's failure to provide special
education or related services to a student eligible to participate
in the district's special education program.
[(f) This section does not create an obligation for or
impose a requirement on a school district or open-enrollment
charter school that is not also created or imposed under another
state law or a federal law.]
SECTION 4.15. Section 29.012(d), Education Code, is amended
to read as follows:
(d) The Texas Education Agency, the Health and Human
Services Commission, the Department of Family and Protective
Services, and the Texas Juvenile Justice Department by a
cooperative effort shall develop and [by rule] adopt a memorandum
of understanding. The memorandum must:
(1) establish the respective responsibilities of
school districts and of residential facilities for the provision of
a free, appropriate public education, as required by the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) and its subsequent amendments, including each requirement
for children with disabilities who reside in those facilities;
(2) coordinate regulatory and planning functions of
the parties to the memorandum;
(3) establish criteria for determining when a public
school will provide educational services;
(4) provide for appropriate educational space when
education services will be provided at the residential facility;
(5) establish measures designed to ensure the safety
of students and teachers; and
(6) provide for binding arbitration consistent with
Chapter 2009, Government Code, and Section 154.027, Civil Practice
and Remedies Code.
SECTION 4.16. Section 29.013, Education Code, is amended to
read as follows:
Sec. 29.013. NONEDUCATIONAL COMMUNITY-BASED SUPPORT
SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES. (a) The
commissioner [agency] shall adopt rules establishing [establish]
procedures and criteria for the allocation of grants [funds
appropriated] under this section to students who are eligible under
Subsection (b) and the students' families [school districts] for
the provision of noneducational community-based support services
[to certain students with disabilities and their families so that
those students may receive an appropriate free public education in
the least restrictive environment].
(b) A grant [The funds] may be awarded under this section
[used] only to a student with a disability [for eligible students
with disabilities] who is [would remain or would have to be] placed
by the student's admission, review, and dismissal committee in:
(1) a residential program approved under Section
29.008; or
(2) a day placement program and is at risk of being
placed in a residential program approved under Section 29.008
[facilities primarily for educational reasons without the
provision of noneducational community-based support services].
(c) The support services may not be related to the provision
of a free appropriate public education to the student and may
include in-home family support, behavioral and other
disability-related supports for the student's family, respite
care, and case management for the student's family [families with a
student who otherwise would have been placed by a district in a
private residential facility].
(d) A school district shall:
(1) notify the parent of a student described by
Subsection (b) of the availability of grants under this section;
and
(2) designate a campus or district staff member to
assist families of students described by Subsection (b) in
accessing grants under this section.
(e) On request by the parent of a student described by
Subsection (b), the commissioner shall create an account for the
student to access a grant under this section through which the
parent may request payment for approved support services.
(f) In adopting rules under this section, the commissioner
shall adopt rules and guidelines detailing the process to access
grant money and the amount of each grant, including a process for a
parent to apply for an increase in the grant amount.
(g) The provision of services under this section does not
supersede or limit the responsibility of a school district or other
agencies to provide or pay for costs [of noneducational
community-based support services] to enable any student with
disabilities to receive a free appropriate public education in the
least restrictive environment. [Specifically, services provided
under this section may not be used for a student with disabilities
who is currently placed or who needs to be placed in a residential
facility primarily for noneducational reasons.]
(h) The commissioner may designate a regional education
service center to administer grants under this section.
SECTION 4.17. Sections 29.014(c) and (d), Education Code,
are amended to read as follows:
(c) Notwithstanding any other provision of this code, a
student whose appropriate education program is a general [regular]
education program may receive services and be counted for
attendance purposes for the number of hours per week appropriate
for the student's condition if the student:
(1) is temporarily classified as eligible for
participation in a special education program because of the
student's confinement in a hospital; and
(2) the student's education is provided by a district
to which this section applies.
(d) The basic allotment for a student enrolled in a district
to which this section applies is adjusted by the tier of intensity
of service defined in accordance with [weight for a homebound
student under] Section 48.102 and designated by commissioner rule
for use under this section [48.102(a)].
SECTION 4.18. Section 29.0162(b), Education Code, is
amended to read as follows:
(b) The commissioner by rule shall adopt additional
qualifications and requirements for a representative for purposes
of Subsection (a)(2). The rules must:
(1) prohibit an individual from being a representative
under Subsection (a)(2) opposing a school district if:
(A) the individual has prior employment
experience with the district; and
(B) the district raises an objection to the
individual serving as a representative;
(2) include requirements that the representative have
knowledge of:
(A) all special education dispute resolution
options available to parents, including due process and due process
rules, hearings, and procedure; and
(B) federal and state special education laws;
(3) require, if the representative receives monetary
compensation from a person for representation in an impartial due
process hearing, that the representative agree to abide by a
voluntary code of ethics and professional conduct during the period
of representation; and
(4) require, if the representative receives monetary
compensation from a person for representation in an impartial due
process hearing, that the representative enter into a written
agreement for representation with the person who is the subject of
the special education due process hearing that includes a process
for resolving any disputes between the representative and the
person.
SECTION 4.19. Section 29.018(b), Education Code, is amended
to read as follows:
(b) A school district is eligible to apply for a grant under
this section if:
(1) the district does not receive sufficient funds,
including state funds provided under Sections [Section] 48.102 and
48.1021 and federal funds, for a student with disabilities to pay
for the special education services provided to the student; or
(2) the district does not receive sufficient funds,
including state funds provided under Sections [Section] 48.102 and
48.1021 and federal funds, for all students with disabilities in
the district to pay for the special education services provided to
the students.
SECTION 4.20. The heading to Section 29.020, Education
Code, is amended to read as follows:
Sec. 29.020. STATE-ADMINISTERED INDIVIDUALIZED EDUCATION
PROGRAM FACILITATION [PROJECT].
SECTION 4.21. Sections 29.020(a) and (c), Education Code,
are amended to read as follows:
(a) The agency shall develop rules in accordance with this
section applicable to state-administered [the administration of a
state] individualized education program facilitation [project].
The program shall include the provision of an independent
individualized education program facilitator as a dispute
resolution method that may be used to avoid a potential dispute
between a school district and a parent of a student with a
disability or to facilitate an admission, review, and dismissal
committee meeting with parties who are in a dispute about decisions
relating to the provision of a free appropriate public education to
a student with a disability. Facilitation [implemented under the
project] must comply with rules developed under this subsection.
(c) If the commissioner determines that adequate funding is
available, the commissioner may authorize the use of federal funds
to implement [the] individualized education program facilitation
[project] in accordance with this section.
SECTION 4.22. Sections 29.022(a), (a-1), (b), (c), (c-1),
(d), (f), (h), (k), (l), (q), (s), and (t), Education Code, are
amended to read as follows:
(a) In order to promote student safety, on receipt of a
written request authorized under Subsection (a-1), a school
district or open-enrollment charter school shall provide
equipment, including a video camera, to the school or schools in the
district or the charter school campus or campuses specified in the
request. A school or campus that receives equipment as provided by
this subsection shall place, operate, and maintain one or more
video cameras in special education [self-contained] classrooms and
other special education settings [in which a majority of the
students in regular attendance are provided special education and
related services and are assigned to one or more self-contained
classrooms or other special education settings for at least 50
percent of the instructional day], provided that:
(1) a school or campus that receives equipment as a
result of the request by a parent or staff member is required to
place equipment only in classrooms or settings in which the
parent's child is in regular attendance or to which the staff member
is assigned, as applicable; and
(2) a school or campus that receives equipment as a
result of the request by a board of trustees, governing body,
principal, or assistant principal is required to place equipment
only in classrooms or settings identified by the requestor, if the
requestor limits the request to specific classrooms or settings
subject to this subsection.
(a-1) For purposes of Subsection (a):
(1) a parent of a child who receives special education
services in one or more special education [self-contained]
classrooms or other special education settings may request in
writing that equipment be provided to the school or campus at which
the child receives those services;
(2) a board of trustees or governing body may request
in writing that equipment be provided to one or more specified
schools or campuses at which one or more children receive special
education services in special education [self-contained]
classrooms or other special education settings;
(3) the principal or assistant principal of a school
or campus at which one or more children receive special education
services in special education [self-contained] classrooms or other
special education settings may request in writing that equipment be
provided to the principal's or assistant principal's school or
campus; and
(4) a staff member assigned to work with one or more
children receiving special education services in special education
[self-contained] classrooms or other special education settings
may request in writing that equipment be provided to the school or
campus at which the staff member works.
(b) A school or campus that places a video camera in a
special education classroom or other special education setting in
accordance with Subsection (a) shall operate and maintain the video
camera in the classroom or setting, as long as the classroom or
setting continues to satisfy the requirements under Subsection (a),
for the remainder of the school year in which the school or campus
received the request, unless the requestor withdraws the request in
writing. If for any reason a school or campus will discontinue
operation of a video camera during a school year, not later than the
fifth school day before the date the operation of the video camera
will be discontinued, the school or campus must notify the parents
of each student in regular attendance in the classroom or setting
that operation of the video camera will not continue unless
requested by a person eligible to make a request under Subsection
(a-1). Not later than the 10th school day before the end of each
school year, the school or campus must notify the parents of each
student in regular attendance in the classroom or setting that
operation of the video camera will not continue during the
following school year unless a person eligible to make a request for
the next school year under Subsection (a-1) submits a new request.
(c) Except as provided by Subsection (c-1), video cameras
placed under this section must be capable of:
(1) covering all areas of the special education
classroom or other special education setting, including a room
attached to the classroom or setting used for time-out; and
(2) recording audio from all areas of the special
education classroom or other special education setting, including a
room attached to the classroom or setting used for time-out.
(c-1) The inside of a bathroom or any area in the special
education classroom or other special education setting in which a
student's clothes are changed may not be visually monitored, except
for incidental coverage of a minor portion of a bathroom or changing
area because of the layout of the classroom or setting.
(d) Before a school or campus activates a video camera in a
special education classroom or other special education setting
under this section, the school or campus shall provide written
notice of the placement to all school or campus staff and to the
parents of each student attending class or engaging in school
activities in the classroom or setting.
(f) A school district or open-enrollment charter school may
solicit and accept gifts, grants, and donations from any person for
use in placing video cameras in special education classrooms or
other special education settings under this section.
(h) A school district or open-enrollment charter school may
not:
(1) allow regular or continual monitoring of video
recorded under this section; or
(2) use video recorded under this section for teacher
evaluation or for any other purpose other than the promotion of
safety of students receiving special education services in a
special education [self-contained] classroom or other special
education setting.
(k) The commissioner may adopt rules to implement and
administer this section, including rules regarding the special
education classrooms and other special education settings to which
this section applies.
(l) A school district or open-enrollment charter school
policy relating to the placement, operation, or maintenance of
video cameras under this section must:
(1) include information on how a person may appeal an
action by the district or school that the person believes to be in
violation of this section or a policy adopted in accordance with
this section, including the appeals process under Section 7.057;
(2) require that the district or school provide a
response to a request made under this section not later than the
seventh school business day after receipt of the request by the
person to whom it must be submitted under Subsection (a-3) that
authorizes the request or states the reason for denying the
request;
(3) except as provided by Subdivision (5), require
that a school or a campus begin operation of a video camera in
compliance with this section not later than the 45th school
business day, or the first school day after the 45th school business
day if that day is not a school day, after the request is authorized
unless the agency grants an extension of time;
(4) permit the parent of a student whose admission,
review, and dismissal committee has determined that the student's
placement for the following school year will be in a special
education classroom or other special education setting in which a
video camera may be placed under this section to make a request for
the video camera by the later of:
(A) the date on which the current school year
ends; or
(B) the 10th school business day after the date
of the placement determination by the admission, review, and
dismissal committee; and
(5) if a request is made by a parent in compliance with
Subdivision (4), unless the agency grants an extension of time,
require that a school or campus begin operation of a video camera in
compliance with this section not later than the later of:
(A) the 10th school day of the fall semester; or
(B) the 45th school business day, or the first
school day after the 45th school business day if that day is not a
school day, after the date the request is made.
(q) The agency shall collect through the Public Education
Information Management System (PEIMS) data relating to requests
made under this section and actions taken by a school district or
open-enrollment charter school in response to a request, including
the number of requests made, authorized, and denied.
(s) This section applies to the placement, operation, and
maintenance of a video camera in a special education
[self-contained] classroom or other special education setting
during the regular school year and extended school year services.
(t) A video camera placed under this section is not required
to be in operation for the time during which students are not
present in the special education classroom or other special
education setting.
SECTION 4.23. Sections 29.022(u)(3) and (4), Education
Code, are amended to read as follows:
(3) "Special education classroom or other special
education setting" means a classroom or setting primarily used for
delivering special education services to students who spend on
average less than 50 percent of an instructional day in a general
education classroom or setting ["Self-contained classroom" does
not include a classroom that is a resource room instructional
arrangement under Section 48.102].
(4) "Staff member" means a teacher, related service
provider, paraprofessional, counselor, or educational aide
assigned to work in a special education [self-contained] classroom
or other special education setting.
SECTION 4.24. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.026 to read as follows:
Sec. 29.026. RULES. The commissioner may adopt rules as
necessary to implement this subchapter.
SECTION 4.25. The heading to Subchapter A-1, Chapter 29,
Education Code, is amended to read as follows:
SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
[PROGRAM]
SECTION 4.26. Sections 29.041(2) and (3), Education Code,
are amended to read as follows:
(2) "Supplemental [special education] instructional
materials" includes textbooks, computer hardware or software,
other technological devices, and other materials suitable for
addressing an educational need of a student receiving special
education services under Subchapter A.
(3) "Supplemental [special education] services" means
an additive service that provides an educational benefit to a
student receiving special education services under Subchapter A,
including:
(A) occupational therapy, physical therapy, and
speech therapy; and
(B) private tutoring and other supplemental
private instruction or programs.
SECTION 4.27. Section 29.042, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (e) and (f)
to read as follows:
(a) The agency by rule shall establish and administer a
parent-directed [supplemental special education services and
instructional materials] program for students receiving special
education services through which a parent may direct supplemental
services and supplemental instructional materials for the parent's
student [students] who meets [meet] the eligibility requirements
for participation in the program. Subject to Subsection (c), the
agency shall provide each student approved as provided by this
subchapter a grant of not more than $1,500 to purchase supplemental
[special education] services and supplemental [special education]
instructional materials. If the agency receives more acceptable
applications for a grant for a school year than available funding
for that school year, the agency shall place remaining students on a
waitlist for the subsequent school year.
(c) A student may receive one grant under this subchapter
unless the legislature appropriates money for an additional grant
in the General Appropriations Act [The commissioner shall set aside
an amount set by appropriation for each state fiscal year to fund
the program under this section. For each state fiscal year, the
total amount provided for student grants under Subsection (a) may
not exceed the amount set aside by the commissioner under this
subsection].
(e) The agency shall maintain an online user-friendly
application system for parents to apply for a grant described by
Subsection (a).
(f) A regional education service center designated to
administer the program under this subchapter for a school year is
entitled to receive not more than four percent of the amount
appropriated for purposes of making grants under this subchapter
for that school year for the costs of administering the program.
SECTION 4.28. Section 29.045, Education Code, is amended to
read as follows:
Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
ACCOUNT. Subject to available funding the agency shall approve
each student who meets the program eligibility criteria established
under Section 29.044 and assign to the student an account
maintained under Section 29.042(b). The account may only be used by
the student's parent to purchase supplemental [special education]
services or supplemental [special education] instructional
materials for the student, subject to Sections 29.046 and 29.047.
SECTION 4.29. Sections 29.046(a) and (b), Education Code,
are amended to read as follows:
(a) Money in an account assigned to a student under Section
29.045 may be used only for supplemental [special education]
services and supplemental [special education] instructional
materials.
(b) Supplemental [special education] services must be
provided by an agency-approved provider.
SECTION 4.30. Sections 29.047(a), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) The agency shall establish criteria necessary for
agency approval for each category of provider of a professional
service that is a supplemental [special education] service, as
identified by the agency.
(c) The agency shall provide a procedure for providers of
supplemental [special education] services to apply to the agency to
become an agency-approved provider.
(d) The agency may establish criteria for agency approval of
vendors for each category of supplemental [special education]
instructional materials identified by the agency.
(e) If the agency establishes criteria for agency approval
for a vendor of a category of supplemental [special education]
instructional materials, the agency shall provide a procedure for
vendors of that category to apply to the agency to become an
agency-approved vendor.
SECTION 4.31. Subchapter A-1, Chapter 29, Education Code,
is amended by adding Section 29.0475 to read as follows:
Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY. (a) A provider of supplemental services or vendor of
supplemental instructional materials that receives money
distributed under the program is not a recipient of federal
financial assistance on the basis of receiving that money.
(b) A rule adopted or action taken related to the program by
an individual, governmental entity, court of law, or program
administrator may not:
(1) consider the actions of a provider of supplemental
services, vendor of supplemental instructional materials, or
program participant to be the actions of an agent of state
government;
(2) limit:
(A) a provider of supplemental services' ability
to determine the methods used to educate the provider's students or
to exercise the provider's religious or institutional values; or
(B) a program participant's ability to determine
the participant's educational content or to exercise the
participant's religious values;
(3) obligate a provider of supplemental services or
program participant to act contrary to the provider's or
participant's religious or institutional values, as applicable;
(4) impose any regulation on a provider of
supplemental services, vendor of supplemental instructional
materials, or program participant beyond those regulations
necessary to enforce the requirements of the program; or
(5) require as a condition of receiving money
distributed under the program:
(A) a provider of supplemental services to modify
the provider's creed, practices, admissions policies, curriculum,
performance standards, employment policies, or assessments; or
(B) a program participant to modify the
participant's creed, practices, curriculum, performance standards,
or assessments.
(c) In a proceeding challenging a rule adopted by a state
agency or officer under this subchapter, the agency or officer has
the burden of proof to establish by clear and convincing evidence
that the rule:
(1) is necessary to implement or enforce the program
as provided by this subchapter;
(2) does not violate this section;
(3) does not impose an undue burden on a program
participant or a provider of supplemental services or vendor of
supplemental instructional materials that participates or applies
to participate in the program; and
(4) is the least restrictive means of accomplishing
the purpose of the program while recognizing the independence of a
provider of supplemental services to meet the educational needs of
students in accordance with the provider's religious or
institutional values.
SECTION 4.32. Section 29.048, Education Code, is amended to
read as follows:
Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
DUTIES. (a) A student's admission, review, and dismissal
committee shall develop a student's individualized education
program under Section 29.005, in compliance with the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
without consideration of any supplemental [special education]
services or supplemental instructional materials that may be
provided under the program under this subchapter.
(b) Unless the district first verifies that an account has
been assigned to the student under Section 29.045, the [The]
admission, review, and dismissal committee of a student approved
for participation in the program shall provide to the student's
parent at an admission, review, and dismissal committee meeting for
the student:
(1) information regarding the types of supplemental
[special education] services or supplemental instructional
materials available under the program and provided by
agency-approved providers for which an account maintained under
Section 29.042(b) for the student may be used; and
(2) instructions regarding accessing an account
described by Subdivision (1).
SECTION 4.33. Subchapter A-1, Chapter 29, Education Code,
is amended by adding Section 29.0485 to read as follows:
Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
Notwithstanding Section 7.057, a determination of the commissioner
under this subchapter is final and may not be appealed.
SECTION 4.34. Section 29.049, Education Code, is amended to
read as follows:
Sec. 29.049. RULES. The commissioner shall adopt rules as
necessary to administer the supplemental [special education]
services and supplemental instructional materials program under
this subchapter.
SECTION 4.35. Section 29.301(1), Education Code, is amended
to read as follows:
(1) "Admission, review, and dismissal committee"
means the committee required by [State Board of Education rules to
develop the individualized education program required by] the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) for any student needing special education.
SECTION 4.36. Sections 29.304(a) and (c), Education Code,
are amended to read as follows:
(a) A student who is deaf or hard of hearing must have an
education in which teachers, psychologists, speech language
pathologists [therapists], progress assessors, administrators, and
others involved in education understand the unique nature of
deafness and the hard-of-hearing condition. A teacher of students
who are deaf or hard of hearing either must be proficient in
appropriate language modes or use an interpreter certified in
appropriate language modes if certification is available.
(c) General [Regular] and special education personnel who
work with students who are deaf or hard of hearing must be
adequately prepared to provide educational instruction and
services to those students.
SECTION 4.37. Section 29.310, Education Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The procedures and materials for the assessment and
placement of a student who is deaf or hard of hearing shall be in the
student's preferred mode of communication. All other procedures
and materials used with any student who is deaf or hard of hearing
and who is an emergent bilingual student as defined by Section
29.052 [has limited English proficiency] shall be in the student's
preferred mode of communication.
(d) In recognizing the need for development of language and
communication abilities in students who are deaf or hard of hearing
but also calling for the use of methods of communication that will
meet the needs of each individual student, each student who is deaf
or hard of hearing must be thoroughly assessed to ascertain the
student's potential for communicating through a variety of means.
SECTION 4.38. Section 29.313, Education Code, is amended to
read as follows:
Sec. 29.313. EVALUATION OF DEAF AND HARD OF HEARING
SERVICES [PROGRAMS]. (a) Each school district must provide
continuous evaluation of the effectiveness of the district's
services [programs of the district] for students who are deaf or
hard of hearing. The [If practicable,] evaluations shall follow
program excellence indicators established by the agency.
(b) Each school district shall submit the evaluations under
this section to the agency on a schedule set by the agency.
SECTION 4.39. Section 29.314, Education Code, is amended to
read as follows:
Sec. 29.314. TRANSITION INTO GENERAL EDUCATION [REGULAR]
CLASS. In addition to satisfying requirements of the admission,
review, and dismissal committee and to satisfying requirements
under state and federal law for vocational training, each school
district shall develop and implement a transition plan for the
transition of a student who is deaf or hard of hearing into a
general education [regular] class [program] if the student is to be
transferred from a special class or center or nonpublic,
nonsectarian school into a general education [regular] class in a
public school for any part of the school day. The transition plan
must provide for activities:
(1) to integrate the student into the general
[regular] education program and specify the nature of each activity
and the time spent on the activity each day; and
(2) to support the transition of the student from the
special education program into the general [regular] education
program.
SECTION 4.40. Section 29.315, Education Code, is amended to
read as follows:
Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
UNDERSTANDING. The Texas Education Agency and the Texas School for
the Deaf shall develop[, agree to, and by commissioner rule adopt no
later than September 1, 1998,] a memorandum of understanding to
establish:
(1) the method for developing and reevaluating a set
of indicators of the quality of learning at the Texas School for the
Deaf;
(2) the process for the agency to conduct and report on
an annual evaluation of the school's performance on the indicators;
(3) the requirements for the school's board to
publish, discuss, and disseminate an annual report describing the
educational performance of the school; and
(4) [the process for the agency to assign an
accreditation status to the school, to reevaluate the status on an
annual basis, and, if necessary, to conduct monitoring reviews; and
[(5)] the type of information the school shall be
required to provide through the Public Education Information
Management System (PEIMS).
SECTION 4.41. Section 29.316, Education Code, is amended to
read as follows:
Sec. 29.316. LANGUAGE ACQUISITION. (a) In this section,
"language[:
[(1) "Center" means the Educational Resource Center on
Deafness at the Texas School for the Deaf.
[(2) "Division" means the Division for Early Childhood
Intervention Services of the Health and Human Services Commission.
[(3) "Language] acquisition" includes expressive and
receptive language acquisition and literacy development in
English, American Sign Language, or both, or, if applicable, in
another language primarily used by a child's parent or guardian,
and is separate from any modality used to communicate in the
applicable language or languages.
(b) Each school district [The commissioner and the
executive commissioner of the Health and Human Services Commission
jointly] shall ensure that the language acquisition of each child
eight years of age or younger who is deaf or hard of hearing is
regularly assessed using a tool or assessment approved by the
commissioner [determined to be valid and reliable as provided by
Subsection (d)].
(c) On a schedule determined by the commissioner, each
school district shall report to the commissioner through the Public
Education Information Management System (PEIMS) or another method
set by commissioner rule the assessment data collected under
Subsection (b) [Not later than August 31 of each year, the agency,
the division, and the center jointly shall prepare and post on the
agency's, the division's, and the center's respective Internet
websites a report on the language acquisition of children eight
years of age or younger who are deaf or hard of hearing. The report
must:
[(1) include:
[(A) existing data reported in compliance with
federal law regarding children with disabilities; and
[(B) information relating to the language
acquisition of children who are deaf or hard of hearing and also
have other disabilities;
[(2) state for each child:
[(A) the instructional arrangement used with the
child, as described by Section 48.102, including the time the child
spends in a mainstream instructional arrangement;
[(B) the specific language acquisition services
provided to the child, including:
[(i) the time spent providing those
services; and
[(ii) a description of any hearing
amplification used in the delivery of those services, including:
[(a) the type of hearing
amplification used;
[(b) the period of time in which the
child has had access to the hearing amplification; and
[(c) the average amount of time the
child uses the hearing amplification each day;
[(C) the tools or assessments used to assess the
child's language acquisition and the results obtained;
[(D) the preferred unique communication mode
used by the child at home; and
[(E) the child's age, race, and gender, the age
at which the child was identified as being deaf or hard of hearing,
and any other relevant demographic information the commissioner
determines to likely be correlated with or have an impact on the
child's language acquisition;
[(3) compare progress in English literacy made by
children who are deaf or hard of hearing to progress in that subject
made by children of the same age who are not deaf or hard of hearing,
by appropriate age range; and
[(4) be redacted as necessary to comply with state and
federal law regarding the confidentiality of student medical or
educational information].
(d) The commissioner[, the executive commissioner of the
Health and Human Services Commission, and the center] shall adopt
rules establishing the assessment data required to be reported
under Subsection (c) [enter into a memorandum of understanding
regarding:
[(1) the identification of experts in deaf education;
and
[(2) the determination, in consultation with those
experts, of the tools and assessments that are valid and reliable,
in both content and administration, for use in assessing the
language acquisition of children eight years of age or younger who
are deaf or hard of hearing].
(e) The commissioner shall annually post on the agency's
Internet website a report on the language acquisition of children
eight years of age or younger who are deaf or hard of hearing using
the assessment data reported under Subsection (c) [agency shall use
existing collected data and data collected and transferred from the
Department of State Health Services and the Health and Human
Services Commission, as agreed upon in the memorandum of
understanding, for the report under this section].
(f) The commissioner shall use the assessment data reported
under Subsection (c) in determining whether to award a grant under
Section 29.018 or in seeking federal money available for projects
aimed at improving outcomes for students with disabilities [and the
executive commissioner of the Health and Human Services Commission
jointly shall adopt rules as necessary to implement this section,
including rules for:
[(1) assigning each child eight years of age or
younger who is deaf or hard of hearing a unique identification
number for purposes of the report required under Subsection (c) and
to enable the tracking of the child's language acquisition, and
factors affecting the child's language acquisition, over time; and
[(2) implementing this section in a manner that
complies with federal law regarding confidentiality of student
medical or educational information, including the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.) and the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g), and any state law relating to the privacy
of student information].
SECTION 4.42. The heading to Section 30.002, Education
Code, is amended to read as follows:
Sec. 30.002. STATE PLAN [EDUCATION] FOR CHILDREN WITH
VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE
DEAF-BLIND.
SECTION 4.43. Sections 30.002(a), (b), (c), and (e),
Education Code, are amended to read as follows:
(a) The agency shall develop and administer a comprehensive
statewide plan for the education of children [with visual
impairments] who are under 22 [21] years of age and who have visual
impairments, are deaf or hard of hearing, or are deaf-blind that
will ensure that the children have an opportunity for achievement
equal to the opportunities afforded their peers who do not have
visual impairments, are not deaf or hard of hearing, or are not
deaf-blind [with normal vision].
(b) The agency shall:
(1) develop standards and guidelines for all special
education and related services for children who have visual
impairments, are deaf or hard of hearing, or are deaf-blind [with
visual impairments] that it is authorized to provide or support
under this code and federal law;
(2) supervise regional education service centers and
other entities in assisting school districts in serving children
who have visual impairments, are deaf or hard of hearing, or are
deaf-blind [with visual impairments] more effectively; and
(3) [develop and administer special education
services for students with both serious visual and auditory
impairments;
[(4) evaluate special education services provided for
children with visual impairments by school districts and approve or
disapprove state funding of those services; and
[(5)] maintain an effective liaison between special
education programs provided for children who have visual
impairments, are deaf or hard of hearing, or are deaf-blind [with
visual impairments] by school districts and related initiatives of
the Health and Human Services Commission, [the Department of State
Health Services Mental Health and Substance Abuse Division,] the
Texas Workforce Commission, and other related programs, agencies,
or facilities as appropriate.
(c) The comprehensive statewide plan for the education of
children who have visual impairments, are deaf or hard of hearing,
or are deaf-blind [with visual impairments] must:
(1) adequately provide for comprehensive diagnosis
and evaluation of each school-age child who has a visual
impairment, is deaf or hard of hearing, or is deaf-blind and
adequately outline the expectations of a school district for such a
child under three years of age [with a serious visual impairment];
(2) include the procedures, format, and content of the
individualized education program for each child who has a visual
impairment, is deaf or hard of hearing, or is deaf-blind [with a
visual impairment];
(3) emphasize providing educational services to
children who have visual impairments, are deaf or hard of hearing,
or are deaf-blind [with visual impairments] in their home
communities whenever possible;
(4) include information regarding the establishment
of regional day school programs for the deaf under Subchapter D and
the parameters of those programs [methods to ensure that children
with visual impairments receiving special education services in
school districts receive, before being placed in a classroom
setting or within a reasonable time after placement:
[(A) evaluation of the impairment; and
[(B) instruction in an expanded core curriculum,
which is required for students with visual impairments to succeed
in classroom settings and to derive lasting, practical benefits
from the education provided by school districts, including
instruction in:
[(i) compensatory skills, such as braille
and concept development, and other skills needed to access the rest
of the curriculum;
[(ii) orientation and mobility;
[(iii) social interaction skills;
[(iv) career planning;
[(v) assistive technology, including
optical devices;
[(vi) independent living skills;
[(vii) recreation and leisure enjoyment;
[(viii) self-determination; and
[(ix) sensory efficiency];
(5) provide for flexibility on the part of school
districts to meet the unique [special] needs of children who have
visual impairments, are deaf or hard of hearing, or are deaf-blind
[with visual impairments] through:
(A) specialty staff and resources provided by the
district;
(B) contractual arrangements with other
qualified public or private agencies;
(C) supportive assistance from regional
education service centers or adjacent school districts;
(D) short-term or long-term services through the
Texas School for the Blind and Visually Impaired, the Texas School
for the Deaf, regional day school programs for the deaf, or related
facilities or programs; or
(E) other instructional and service arrangements
approved by the agency;
(6) [include a statewide admission, review, and
dismissal process;
[(7)] provide for effective interaction between the
[visually impaired child's] classroom setting of the child who has
a visual impairment, is deaf or hard of hearing, or is deaf-blind
and the child's home environment, including providing for parental
training and counseling either by school district staff or by
representatives of other organizations directly involved in the
development and implementation of the individualized education
program for the child;
(7) describe recommended and required professional
development activities based on the special education and related
services provided by school district staff to children who have
visual impairments, are deaf or hard of hearing, or are deaf-blind
[(8) require the continuing education and professional
development of school district staff providing special education
services to children with visual impairments];
(8) [(9)] provide for adequate monitoring and precise
evaluation of special education services provided to children who
have visual impairments, are deaf or hard of hearing, or are
deaf-blind [with visual impairments] through school districts;
[and]
(9) [(10)] require that school districts providing
special education services to children who have visual impairments,
are deaf or hard of hearing, or are deaf-blind [with visual
impairments] develop procedures for assuring that staff assigned to
work with the children have prompt and effective access directly to
resources available through:
(A) cooperating agencies in the area;
(B) the Texas School for the Blind and Visually
Impaired;
(C) the Texas School for the Deaf;
(D) the statewide outreach center at the Texas
School for the Deaf;
(E) the Central Media Depository for specialized
instructional materials and aids made specifically for use by
students with visual impairments;
(F) [(D)] sheltered workshops participating in
the state program of purchases of blind-made goods and services;
and
(G) [(E)] related sources; and
(10) assist in the coordination of educational
programs with other public and private agencies, including:
(A) agencies operating early childhood
intervention programs;
(B) preschools;
(C) agencies operating child development
programs;
(D) private nonsectarian schools;
(E) agencies operating regional occupational
centers and programs; and
(F) as appropriate, postsecondary and adult
programs for persons who are deaf or hard of hearing.
(e) Each eligible [blind or visually impaired] student who
has a visual impairment, is deaf or hard of hearing, or is
deaf-blind is entitled to receive educational programs according to
an individualized education program that:
(1) is developed in accordance with federal and state
requirements for providing special education services;
(2) is developed by a committee composed as required
by federal law;
(3) reflects that the student has been provided a
detailed explanation of the various service resources available to
the student in the community and throughout the state;
(4) provides a detailed description of the
arrangements made to provide the student with the evaluation and
instruction required under this subchapter and Subchapter A,
Chapter 29 [Subsection (c)(4)]; and
(5) sets forth the plans and arrangements made for
contacts with and continuing services to the student beyond regular
school hours to ensure the student learns the skills and receives
the instruction required under this subchapter and Subchapter A,
Chapter 29 [Subsection (c)(4)(B)].
SECTION 4.44. Subchapter A, Chapter 30, Education Code, is
amended by adding Section 30.0021 to read as follows:
Sec. 30.0021. REQUIREMENTS FOR CHILDREN WITH VISUAL
IMPAIRMENTS. (a) Each child with a visual impairment must receive
instruction in an expanded core curriculum required for children
with visual impairments to succeed in classroom settings and to
derive lasting, practical benefits from education in a school
district, including instruction in:
(1) compensatory skills, such as braille and concept
development, and other skills necessary to access the rest of the
curriculum;
(2) orientation and mobility;
(3) social interaction skills;
(4) career education;
(5) assistive technology, including optical devices;
(6) independent living skills;
(7) recreation and leisure enjoyment;
(8) self-determination; and
(9) sensory efficiency.
(b) To determine a child's eligibility for a school
district's special education program under Subchapter A, Chapter
29, on the basis of a visual impairment, the full individual and
initial evaluation of the child under Section 29.004 and any
reevaluation of the child must, in accordance with commissioner
rule:
(1) include an orientation and mobility evaluation
conducted:
(A) by a person who is appropriately certified as
an orientation and mobility specialist, as determined by
commissioner rule; and
(B) in a variety of lighting conditions and
settings, including in the child's home, school, and community and
in settings unfamiliar to the child; and
(2) provide for a person who is appropriately
certified as an orientation and mobility specialist, as determined
by commissioner rule, to participate, as part of a
multidisciplinary team, in evaluating the data on which the
determination of the child's eligibility is based.
(c) In developing an individualized education program under
Section 29.005 for a child with a visual impairment, proficiency in
reading and writing must be a significant indicator of the child's
satisfactory educational progress. The individualized education
program must include instruction in braille and the use of braille
unless the child's admission, review, and dismissal committee
documents a determination, based on an evaluation of the child's
appropriate literacy media and literacy skills and the child's
current and future instructional needs, that braille is not an
appropriate literacy medium for the child.
(d) Braille instruction:
(1) may be used in combination with other special
education services appropriate to the educational needs of a child
with a visual impairment; and
(2) must be provided by a teacher certified to teach
children with visual impairments under Subchapter B, Chapter 21.
(e) A school district shall provide to each person assisting
in the development of an individualized education program for a
child with a visual impairment information describing the benefits
of braille instruction.
(f) To facilitate implementation of this section, the
commissioner shall develop a system to distribute from the
foundation school fund to school districts or regional education
service centers a special supplemental allowance for each student
with a visual impairment. The supplemental allowance may be spent
only for special education services uniquely required by the nature
of the child's disabilities and may not be used in lieu of
educational funds otherwise available under this code or through
state or local appropriations.
SECTION 4.45. Section 30.003, Education Code, is amended by
amending Subsections (b), (d), (f-1), and (g) and adding Subsection
(b-1) to read as follows:
(b) If the student is admitted to the school for a full-time
program for the equivalent of two long semesters, the district's
share of the cost is an amount equal to the dollar amount of
maintenance and debt service taxes imposed by the district for that
year, subject to Subsection (b-1), divided by the district's
average daily attendance for the preceding year.
(b-1) The commissioner shall reduce the amount of
maintenance taxes imposed by the district that are obligated to be
paid under Subsection (b) for a year by the amount, if any, by which
the district is required to reduce the district's local revenue
level under Section 48.257 for that year.
(d) Each school district and state institution shall
provide to the commissioner the necessary information to determine
the district's share under this section. The information must be
reported to the commissioner on or before a date set by commissioner
rule [of the State Board of Education]. After determining the
amount of a district's share for all students for which the district
is responsible, the commissioner shall deduct that amount from the
payments of foundation school funds payable to the district. Each
deduction shall be in the same percentage of the total amount of the
district's share as the percentage of the total foundation school
fund entitlement being paid to the district at the time of the
deduction, except that the amount of any deduction may be modified
to make necessary adjustments or to correct errors. The
commissioner shall provide for remitting the amount deducted to the
appropriate school at the same time at which the remaining funds are
distributed to the district. If a district does not receive
foundation school funds or if a district's foundation school
entitlement is less than the amount of the district's share under
this section, the commissioner shall direct the district to remit
payment to the commissioner, and the commissioner shall remit the
district's share to the appropriate school.
(f-1) The commissioner shall determine the total amount
that the Texas School for the Blind and Visually Impaired and the
Texas School for the Deaf would have received from school districts
in accordance with this section if the following provisions had not
reduced the districts' share of the cost of providing education
services:
(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
Called Session, 2006;
(2) Subsection (b-1) of this section;
(3) Section 45.0032;
(4) [(3)] Section 48.255; and
(5) [(4)] Section 48.2551.
(g) The commissioner [State Board of Education] may adopt
rules as necessary to implement this section.
SECTION 4.46. Section 30.004(b), Education Code, is amended
to read as follows:
(b) The commissioner [State Board of Education] shall adopt
rules prescribing the form and content of information required by
Subsection (a).
SECTION 4.47. Section 30.005, Education Code, is amended to
read as follows:
Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
and the Texas School for the Blind and Visually Impaired shall
develop[, agree to, and by commissioner rule adopt] a memorandum of
understanding to establish:
(1) the method for developing and reevaluating a set
of indicators of the quality of learning at the Texas School for the
Blind and Visually Impaired;
(2) the process for the agency to conduct and report on
an annual evaluation of the school's performance on the indicators;
(3) the requirements for the school's board to
publish, discuss, and disseminate an annual report describing the
educational performance of the school; and
(4) [the process for the agency to:
[(A) assign an accreditation status to the
school;
[(B) reevaluate the status on an annual basis;
and
[(C) if necessary, conduct monitoring reviews;
and
[(5)] the type of information the school shall be
required to provide through the Public Education Information
Management System (PEIMS).
SECTION 4.48. Section 30.021(e), Education Code, is amended
to read as follows:
(e) The school shall cooperate with public and private
agencies and organizations serving students and other persons with
visual impairments in the planning, development, and
implementation of effective educational and rehabilitative service
delivery systems associated with educating students with visual
impairments. To maximize and make efficient use of state
facilities, funding, and resources, the services provided in this
area may include conducting a cooperative program with other
agencies to serve students who have graduated from high school by
completing all academic requirements applicable to students in
general [regular] education, excluding satisfactory performance
under Section 39.025, who are younger than 22 years of age on
September 1 of the school year and who have identified needs related
to vocational training, independent living skills, orientation and
mobility, social and leisure skills, compensatory skills, or
remedial academic skills.
SECTION 4.49. Section 30.081, Education Code, is amended to
read as follows:
Sec. 30.081. LEGISLATIVE INTENT CONCERNING REGIONAL DAY
SCHOOLS FOR THE DEAF. The legislature, by this subchapter, intends
to continue a process of providing on a statewide basis a suitable
education to deaf or hard of hearing students who are under 22 [21]
years of age and assuring that those students have the opportunity
to become independent citizens.
SECTION 4.50. Section 30.083, Education Code, is amended to
read as follows:
Sec. 30.083. STATEWIDE PLAN. [(a)] The director of
services shall develop and administer a comprehensive statewide
plan for educational services for students who are deaf or hard of
hearing and receive special education and related services through
a regional day school program for the deaf[, including continuing
diagnosis and evaluation, counseling, and teaching]. The plan
shall be included as part of the comprehensive statewide plan under
Section 30.002 [designed to accomplish the following objectives:
[(1) providing assistance and counseling to parents of
students who are deaf or hard of hearing in regional day school
programs for the deaf and admitting to the programs students who
have a hearing loss that interferes with the processing of
linguistic information;
[(2) enabling students who are deaf or hard of hearing
to reside with their parents or guardians and be provided an
appropriate education in their home school districts or in regional
day school programs for the deaf;
[(3) enabling students who are deaf or hard of hearing
who are unable to attend schools at their place of residence and
whose parents or guardians live too far from facilities of regional
day school programs for the deaf for daily commuting to be
accommodated in foster homes or other residential school facilities
provided for by the agency so that those children may attend a
regional day school program for the deaf;
[(4) enrolling in the Texas School for the Deaf those
students who are deaf or hard of hearing whose needs can best be met
in that school and designating the Texas School for the Deaf as the
statewide educational resource for students who are deaf or hard of
hearing;
[(5) encouraging students in regional day school
programs for the deaf to attend general education classes on a
part-time, full-time, or trial basis; and
[(6) recognizing the need for development of language
and communications abilities in students who are deaf or hard of
hearing, but also calling for the use of methods of communication
that will meet the needs of each individual student, with each
student assessed thoroughly so as to ascertain the student's
potential for communications through a variety of means, including
through oral or aural means, fingerspelling, or sign language].
[(b) The director of services may establish separate
programs to accommodate diverse communication methodologies.]
SECTION 4.51. Section 37.146(a), Education Code, is amended
to read as follows:
(a) A complaint alleging the commission of a school offense
must, in addition to the requirements imposed by Article 45A.101,
Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge
of the underlying facts giving rise to probable cause to believe
that an offense has been committed; and
(2) be accompanied by a statement from a school
employee stating:
(A) whether the child is eligible for or receives
special education services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under
Section 37.144, that were imposed on the child before the complaint
was filed.
SECTION 4.52. Section 38.003(c-1), Education Code, is
amended to read as follows:
(c-1) The agency by rule shall develop procedures designed
to allow the agency to:
(1) effectively audit and monitor and periodically
conduct site visits of all school districts to ensure that
districts are complying with this section, including the program
approved by the State Board of Education under this section;
(2) identify any problems school districts experience
in complying with this section, including the program approved by
the State Board of Education under this section;
(3) develop reasonable and appropriate remedial
strategies to address school district noncompliance and ensure the
purposes of this section are accomplished, which may include the
publication of a recommended evidence-based dyslexia program list;
[and]
(4) solicit input from parents of students enrolled in
a school district during the auditing and monitoring of the
district under Subdivision (1) regarding the district's
implementation of the program approved by the State Board of
Education under this section; and
(5) engage in general supervision activities,
including activities under the comprehensive system for monitoring
described by Section 29.010, to ensure school district compliance
with the program approved by the State Board of Education under this
section and Part B, Individuals with Disabilities Education Act (20
U.S.C. Section 1411 et seq.).
SECTION 4.53. Section 48.009(b), Education Code, is amended
to read as follows:
(b) The commissioner by rule shall require each school
district and open-enrollment charter school to report through the
Public Education Information Management System information
regarding:
(1) the number of students enrolled in the district or
school who are identified as having dyslexia;
(2) the availability of school counselors, including
the number of full-time equivalent school counselors, at each
campus;
(3) the availability of expanded learning
opportunities as described by Section 33.252 at each campus;
(4) the total number of students, other than students
described by Subdivision (5), enrolled in the district or school
with whom the district or school, as applicable, used intervention
strategies, as that term is defined by Section 26.004, at any time
during the year for which the report is made;
(5) the total number of students enrolled in the
district or school to whom the district or school provided aids,
accommodations, or services under Section 504, Rehabilitation Act
of 1973 (29 U.S.C. Section 794), at any time during the year for
which the report is made;
(6) disaggregated by campus and grade, the number of:
(A) children who are required to attend school
under Section 25.085, are not exempted under Section 25.086, and
fail to attend school without excuse for 10 or more days or parts of
days within a six-month period in the same school year;
(B) students for whom the district initiates a
truancy prevention measure under Section 25.0915(a-4); and
(C) parents of students against whom an
attendance officer or other appropriate school official has filed a
complaint under Section 25.093; [and]
(7) the number of students who are enrolled in a high
school equivalency program, a dropout recovery school, or an adult
education program provided under a high school diploma and industry
certification charter school program provided by the district or
school and who:
(A) are at least 18 years of age and under 26
years of age;
(B) have not previously been reported to the
agency as dropouts; and
(C) enroll in the program at the district or
school after not attending school for a period of at least nine
months; and
(8) students enrolled in a special education program
under Subchapter A, Chapter 29, as necessary for the agency to
adequately perform general supervision activities and determine
funding under Sections 48.102 and 48.1021.
SECTION 4.54. Section 48.102, Education Code, is amended to
read as follows:
Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
average daily attendance in a special education program under
Subchapter A, Chapter 29, [in a mainstream instructional
arrangement,] a school district is entitled to an annual allotment
equal to the basic allotment, or, if applicable, the sum of the
basic allotment and the allotment under Section 48.101 to which the
district is entitled, multiplied by a weight in an amount set by the
legislature in the General Appropriations Act for the highest tier
of intensity of service for which the student qualifies [1.15].
(a-1) Notwithstanding Subsection (a), for the 2026-2027
school year, the amount of an allotment under this section shall be
determined in accordance with Section 48.1022. This subsection
expires September 1, 2027. [For each full-time equivalent student
in average daily attendance in a special education program under
Subchapter A, Chapter 29, in an instructional arrangement other
than a mainstream instructional arrangement, a district is entitled
to an annual allotment equal to the basic allotment, or, if
applicable, the sum of the basic allotment and the allotment under
Section 48.101 to which the district is entitled, multiplied by a
weight determined according to instructional arrangement as
follows:
[Homebound 5.0
[Hospital class 3.0
[Speech therapy 5.0
[Resource room 3.0
[Self-contained, mild and moderate, regular campus 3.0
[Self-contained, severe, regular campus 3.0
[Off home campus 2.7
[Nonpublic day school 1.7
[Vocational adjustment class 2.3]
(b) The commissioner by rule shall define eight tiers of
intensity of service for use in determining funding under this
section. The commissioner must include one tier specifically
addressing students receiving special education services in
residential placement and one tier for students receiving only
speech therapy [A special instructional arrangement for students
with disabilities residing in care and treatment facilities, other
than state schools, whose parents or guardians do not reside in the
district providing education services shall be established by
commissioner rule. The funding weight for this arrangement shall
be 4.0 for those students who receive their education service on a
local school district campus. A special instructional arrangement
for students with disabilities residing in state schools shall be
established by commissioner rule with a funding weight of 2.8].
(c) In defining the tiers of intensity of service under
Subsection (b), the commissioner shall consider:
(1) the type, frequency, and nature of services
provided to a student;
(2) the required certifications, licensures, or other
qualifications for personnel serving the student;
(3) any identified or curriculum-required
provider-to-student ratios for the student to receive the
appropriate services; and
(4) any equipment or technology required for the
services [For funding purposes, the number of contact hours
credited per day for each student in the off home campus
instructional arrangement may not exceed the contact hours credited
per day for the multidistrict class instructional arrangement in
the 1992-1993 school year].
(d) [For funding purposes the contact hours credited per day
for each student in the resource room; self-contained, mild and
moderate; and self-contained, severe, instructional arrangements
may not exceed the average of the statewide total contact hours
credited per day for those three instructional arrangements in the
1992-1993 school year.
[(e) The commissioner by rule shall prescribe the
qualifications an instructional arrangement must meet in order to
be funded as a particular instructional arrangement under this
section. In prescribing the qualifications that a mainstream
instructional arrangement must meet, the commissioner shall
establish requirements that students with disabilities and their
teachers receive the direct, indirect, and support services that
are necessary to enrich the regular classroom and enable student
success.
[(f) In this section, "full-time equivalent student" means
30 hours of contact a week between a special education student and
special education program personnel.
[(g) The commissioner shall adopt rules and procedures
governing contracts for residential placement of special education
students. The legislature shall provide by appropriation for the
state's share of the costs of those placements.
[(h)] At least 55 percent of the funds allocated under this
section must be used in the special education program under
Subchapter A, Chapter 29.
(e) [(i)] The agency shall ensure [encourage] the placement
of students in special education programs, including students in
residential placement [instructional arrangements], in the least
restrictive environment appropriate for their educational needs.
(f) [(j)] A school district that provides an extended year
program required by federal law for special education students who
may regress is entitled to receive funds in an amount equal to [75
percent, or a lesser percentage determined by the commissioner, of]
the basic allotment, or, if applicable, the sum of the basic
allotment and the allotment under Section 48.101 to which the
district is entitled for each [full-time equivalent] student in
average daily attendance, multiplied by the amount designated for
the highest tier of intensity of service for which the student
qualifies [student's instructional arrangement] under this
section, for each day the program is provided divided by the number
of days in the minimum school year. [The total amount of state
funding for extended year services under this section may not
exceed $10 million per year.] A school district may use funds
received under this section only in providing an extended year
program.
(g) [(k)] From the total amount of funds appropriated for
special education under this section, the commissioner shall
withhold an amount specified in the General Appropriations Act, and
distribute that amount to school districts for programs under
Section 29.014. The program established under that section is
required only in school districts in which the program is financed
by funds distributed under this subsection and any other funds
available for the program. After deducting the amount withheld
under this subsection from the total amount appropriated for
special education, the commissioner shall reduce each district's
allotment proportionately and shall allocate funds to each district
accordingly.
(h) Not later than December 1 of each even-numbered year,
the commissioner shall submit to the Legislative Budget Board, for
purposes of the allotment under this section, proposed weights for
the tiers of intensity of service for the next state fiscal
biennium.
SECTION 4.55. Subchapter C, Chapter 48, Education Code, is
amended by adding Sections 48.1021 and 48.1022 to read as follows:
Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
(a) For each student in a special education program under
Subchapter A, Chapter 29, a school district is entitled to an
allotment in an amount set by the legislature in the General
Appropriations Act for the service group for which the student
receives services.
(a-1) Notwithstanding Subsection (a), for the 2026-2027
school year, the amount of an allotment under this section shall be
determined in accordance with Section 48.1022. This subsection
expires September 1, 2027.
(b) The commissioner by rule shall establish at least four
service groups for use in determining funding under this section.
In establishing the groups, the commissioner must consider:
(1) the type, frequency, and nature of services
provided to a student;
(2) the required certifications, licensures, or other
qualifications for personnel serving the student;
(3) any identified or curriculum-required
provider-to-student ratios for the student to receive the
appropriate services; and
(4) any equipment or technology required for the
services.
(c) At least 55 percent of the funds allocated under this
section must be used for a special education program under
Subchapter A, Chapter 29.
(d) Not later than December 1 of each even-numbered year,
the commissioner shall submit to the Legislative Budget Board, for
purposes of the allotment under this section, proposed amounts of
funding for the service groups for the next state fiscal biennium.
Sec. 48.1022. SPECIAL EDUCATION TRANSITION FUNDING.
(a) For the 2026-2027 school year, the commissioner may adjust
weights or amounts provided under Section 48.102 or 48.1021 as
necessary to ensure compliance with requirements regarding
maintenance of state financial support under 20 U.S.C. Section
1412(a)(18) and maintenance of local financial support under
applicable federal law.
(b) For the 2026-2027 school year, the commissioner shall
determine the formulas through which school districts receive
funding under Sections 48.102 and 48.1021. In determining the
formulas, the commissioner shall ensure the estimated statewide
amount provided by the sum of the allotments under Sections 48.102
and 48.1021 for the 2026-2027 school year is approximately $250
million greater than the amount that would have been provided under
the allotment under Section 48.102, as that section existed on
September 1, 2025, for that school year, calculating both amounts
using the basic allotment in effect for the 2026-2027 school year.
(c) Each school district and open-enrollment charter school
shall report to the agency information necessary to implement this
section.
(d) The agency shall provide technical assistance to school
districts and open-enrollment charter schools to ensure a
successful transition in funding formulas for special education.
(e) This section expires September 1, 2028.
SECTION 4.56. Sections 48.103(b), (c), and (d), Education
Code, are amended to read as follows:
(b) A school district is entitled to an allotment under
Subsection (a) only for a student who:
(1) is receiving:
(A) instruction, services, or accommodations for
dyslexia or a related disorder in accordance with[:
[(A)] an individualized education program
developed for the student under Section 29.005; or
(B) accommodations for dyslexia or a related
disorder in accordance with a plan developed for the student under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or
(2) [is receiving instruction that:
[(A) meets applicable dyslexia program criteria
established by the State Board of Education; and
[(B) is provided by a person with specific
training in providing that instruction; or
[(3)] is permitted, on the basis of having dyslexia or
a related disorder, to use modifications in the classroom or
accommodations in the administration of assessment instruments
under Section 39.023 without a program or plan described by
Subdivision (1).
(c) A school district may receive funding for a student
under each provision of this section, [and] Section 48.102, and
Section 48.1021 for which [if] the student qualifies [satisfies the
requirements of both sections].
(d) A school district may use [an amount not to exceed 20
percent of] the allotment provided for a qualifying student under
this section to contract with a private provider to provide
supplemental academic services to the student that are recommended
under the student's program or plan described by Subsection (b). A
student may not be excused from school to receive supplemental
academic services provided under this subsection.
SECTION 4.57. Section 48.110(d), Education Code, is amended
to read as follows:
(d) For each annual graduate in a cohort described by
Subsection (b) who demonstrates college, career, or military
readiness as described by Subsection (f) in excess of the minimum
number of students determined for the applicable district cohort
under Subsection (c), a school district is entitled to an annual
outcomes bonus of:
(1) if the annual graduate is educationally
disadvantaged, $5,000;
(2) if the annual graduate is not educationally
disadvantaged, $3,000; and
(3) if the annual graduate is enrolled in a special
education program under Subchapter A, Chapter 29, $4,000 [$2,000],
regardless of whether the annual graduate is educationally
disadvantaged.
SECTION 4.58. Section 48.151(g), Education Code, is amended
to read as follows:
(g) A school district or county that provides special
transportation services for eligible special education students is
entitled to a state allocation at a [paid on a previous year's
cost-per-mile basis. The] rate per mile equal to the sum of the
rate per mile set under Subsection (c) and $0.13, or a greater
amount provided [allowable shall be set] by appropriation [based on
data gathered from the first year of each preceding biennium].
Districts may use a portion of their support allocation to pay
transportation costs, if necessary. The commissioner may grant an
amount set by appropriation for private transportation to reimburse
parents or their agents for transporting eligible special education
students. The mileage allowed shall be computed along the shortest
public road from the student's home to school and back, morning and
afternoon. The need for this type of transportation shall be
determined on an individual basis and shall be approved only in
extreme hardship cases.
SECTION 4.59. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.159 to read as follows:
Sec. 48.159. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
EVALUATION. For each child for whom a school district conducts a
full individual and initial evaluation under Section 29.004 or 20
U.S.C. Section 1414(a)(1), the district is entitled to an allotment
of $1,000 or a greater amount provided by appropriation.
SECTION 4.60. Section 48.265(a), Education Code, is amended
to read as follows:
(a) If [Notwithstanding any other provision of law, if] the
commissioner determines that the amount appropriated for the
purposes of the Foundation School Program exceeds the amount to
which school districts are entitled under this chapter, the
commissioner may provide [by rule shall establish a grant program
through which excess funds are awarded as] grants using the excess
money for the purchase of video equipment, or for the reimbursement
of costs for previously purchased video equipment, used for
monitoring special education classrooms or other special education
settings required under Section 29.022.
SECTION 4.61. Section 48.279(e), Education Code, is amended
to read as follows:
(e) After the commissioner has replaced any withheld
federal funds as provided by Subsection (d), the commissioner shall
distribute the remaining amount, if any, of funds described by
Subsection (a) to proportionately increase funding for the special
education allotment under Section 48.102 and the special education
service group allotment under Section 48.1021.
SECTION 4.62. Subchapter G, Chapter 48, Education Code, is
amended by adding Sections 48.304 and 48.315 to read as follows:
Sec. 48.304. DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING.
(a) For each qualifying day placement program or cooperative that a
regional education service center, school district, or
open-enrollment charter school establishes, the program or
cooperative is entitled to an allotment of:
(1) $250,000 for the first year of the program's or
cooperative's operation; and
(2) the sum of:
(A) $100,000 for each year of the program's or
cooperative's operation after the first year; and
(B) $150,000 if at least three students are
enrolled in the program or cooperative for a year described by
Paragraph (A).
(b) A day placement program or cooperative qualifies for
purposes of Subsection (a) if:
(1) the program or cooperative complies with
commissioner rules adopted for purposes of this section under
Section 48.004;
(2) the program or cooperative offers services to
students who are enrolled at any school district or open-enrollment
charter school in the county in which the program or cooperative is
offered, unless the commissioner by rule waives or modifies the
requirement under this subdivision for the program or cooperative
to serve all students in a county; and
(3) the agency has designated the program or
cooperative for service in the county in which the program or
cooperative is offered and determined that, at the time of
designation, the program or cooperative increases the availability
of day placement services in the county.
(c) The agency may not designate more than one day placement
program or cooperative for service per county each year.
(d) The agency may designate a regional education service
center to implement and administer this section.
(e) Notwithstanding any other provision of this section,
the agency may not provide an allotment under this section to more
than 20 day placement programs or cooperatives for a year.
Sec. 48.315. FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR
THE DEAF. (a) The program administrator or fiscal agent of a
regional day school program for the deaf is entitled to receive for
each school year an allotment of $6,925, or a greater amount
provided by appropriation, for each student receiving services from
the program.
(b) Notwithstanding Subsection (a), the agency shall adjust
the amount of an allotment under that subsection for a school year
to ensure the total amount of allotments provided under that
subsection is at least $35 million for that school year.
SECTION 4.63. The following provisions of the Education
Code are repealed:
(1) Section 7.055(b)(24);
(2) Sections 7.102(c)(18), (19), (20), (21), and (22);
(3) Section 29.002;
(4) Section 29.0041(c);
(5) Section 29.005(f);
(6) Section 29.0161;
(7) Sections 29.308, 29.309, 29.311, 30.001, and
30.0015;
(8) Sections 30.002(c-1), (c-2), (f), (f-1), and (g);
(9) Section 30.084;
(10) Section 30.087(b); and
(11) Section 38.003(d).
SECTION 4.64. The commissioner of education shall award a
grant under Subchapter A-1, Chapter 29, Education Code, as amended
by this article, for the 2025-2026 school year to each eligible
applicant who applied but was not accepted for the 2024-2025 school
year.
SECTION 4.65. To the extent of any conflict between the
changes made to the Education Code by this article and the changes
made to the Education Code by another Act of the 89th Legislature,
Regular Session, 2025, the changes made by this article prevail.
SECTION 4.66. Sections 8.051(d), 29.008, 29.014(c) and (d),
and 29.018(b), Education Code, as amended by this article, apply
beginning with the 2026-2027 school year.
SECTION 4.67. (a) Except as provided by Subsection (b) or
(c) of this section, this article takes effect immediately if this
Act 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 article takes effect September 1, 2025.
(b) Except as provided by Subsection (c) of this section,
the amendments made by this article to Chapter 48, Education Code,
take effect September 1, 2025.
(c) Sections 48.009(b), 48.102, 48.103(b), (c), and (d),
and 48.279(e), Education Code, as amended by this article, and
Sections 48.1021 and 48.1022, Education Code, as added by this
article, take effect September 1, 2026.
ARTICLE 5. MEASURES TO SUPPORT EARLY CHILDHOOD EDUCATION
SECTION 5.01. Section 12.104(b), Education Code, is amended
to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the agency [commissioner];
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading and mathematics instruments and
reading interventions [accelerated reading instruction programs]
under Sections [Section] 28.006, 28.0063, and 28.0064;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; and
(Y) parental options to retain a student under
Section 28.02124.
SECTION 5.02. The heading to Section 21.4552, Education
Code, is amended to read as follows:
Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT AND READING
INTERVENTION ACADEMIES.
SECTION 5.03. Section 21.4552, Education Code, is amended
by amending Subsections (b) and (d) and adding Subsections (d-1),
(g), (h), and (i) to read as follows:
(b) A literacy achievement academy developed under this
section:
(1) for teachers who provide reading instruction to
students at the kindergarten or first, second, or third grade
level:
(A) must include training in:
(i) effective and systematic instructional
practices in reading, including phonemic awareness, phonics,
fluency, vocabulary, and comprehension; and
(ii) the use of empirically validated
instructional methods that are appropriate for struggling readers;
and
(B) may include training in effective
instructional practices in writing;
(2) for teachers who provide reading instruction to
students at the fourth or fifth grade level:
(A) must include effective instructional
practices that promote student development of reading
comprehension and inferential and critical thinking;
(B) must provide training in the use of
empirically validated instructional methods that are appropriate
for struggling readers; and
(C) may include material on writing instruction;
(3) for teachers who provide reading instruction to
students at the sixth, seventh, or eighth grade level, must include
training in:
(A) strategies to be implemented in English
language arts and other subject areas for multisyllable word
reading, vocabulary development, and comprehension of expository
and narrative text;
(B) an adaptation framework that enables
teachers to respond to differing student strengths and needs,
including adaptations for students of limited English proficiency
or students receiving special education services under Subchapter
A, Chapter 29;
(C) collaborative strategies to increase active
student involvement and motivation to read; and
(D) other areas identified by the commissioner as
essential components of reading instruction; and
(4) [for teachers who provide reading instruction to
students at the seventh or eighth grade level, must include
training in:
[(A) administration of the reading instrument
required by Section 28.006(c-1); and
[(B) interpretation of the results of the reading
instrument required by Section 28.006(c-1) and strategies, based on
scientific research regarding effective reading instruction, for
long-term intensive intervention to target identified student
needs in word recognition, vocabulary, fluency, and comprehension;
and
[(5)] for teachers who provide instruction in
mathematics, science, or social studies to students at the sixth,
seventh, or eighth grade level, must include training in:
(A) strategies for incorporating reading
instruction into the curriculum for the subject area taught by the
teacher; and
(B) other areas identified by the commissioner.
(d) Except as provided by Subsection (d-1), from funds
provided under Section 48.108 or other available [From] funds
[appropriated for that purpose], a classroom teacher who provides
instruction to students in kindergarten through third grade and
completes [attends] a literacy achievement academy is entitled to
receive a stipend from the school district in the amount determined
by the commissioner. From funds appropriated for that purpose, a
district may provide a stipend to a classroom teacher who provides
instruction to students in a grade level above third grade. A
stipend received under this subsection is not considered in
determining whether a school district is paying the classroom
teacher the minimum monthly salary under Section 21.402.
(d-1) A school district is not required to provide a stipend
under Subsection (d) to a classroom teacher if the teacher:
(1) attends the literacy achievement academy as part
of an educator preparation program in which the teacher is
enrolled;
(2) attends the literacy achievement academy on a day
or during hours of service included in the term of the teacher's
contract; or
(3) is not directed or approved by the school district
at which the teacher is employed to attend the literacy achievement
academy.
(g) The agency shall develop a method for evaluating a
literacy achievement academy to determine the effectiveness of the
academy, including whether the academy improves teaching practices
and student literacy proficiency. A school district or
open-enrollment charter school shall provide any information
requested by the agency for purposes of evaluating literacy
achievement academies under this subsection.
(h) In addition to the literacy achievement academies
developed under Subsection (a), the commissioner shall develop and
make available reading intervention academies for teachers or other
professionals who provide reading interventions to students who
require targeted instruction in foundational reading skills.
(i) The commissioner may establish an advisory board to
assist the agency in fulfilling the agency's duties under this
section. A recommendation of the advisory board shall be made
available to the public. Chapter 2110, Government Code, does not
apply to an advisory board established under this subsection.
SECTION 5.04. The heading to Section 21.4553, Education
Code, is amended to read as follows:
Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT AND
INTERVENTIONIST ACADEMIES.
SECTION 5.05. Section 21.4553, Education Code, is amended
by amending Subsection (d) and adding Subsections (d-1), (g), (h),
and (i) to read as follows:
(d) Except as provided by Subsection (d-1), from funds
provided under Section 48.108 or other available [From] funds
[appropriated for that purpose], a classroom teacher who completes
[attends] a mathematics achievement academy is entitled to receive
a stipend from the school district in the amount determined by the
commissioner. A stipend received under this subsection is not
considered in determining whether a district is paying the
classroom teacher the minimum monthly salary under Section 21.402.
(d-1) A school district is not required to provide a stipend
under Subsection (d) to a classroom teacher if the teacher:
(1) attends the mathematics achievement academy as
part of an educator preparation program in which the teacher is
enrolled;
(2) attends the mathematics achievement academy on a
day or during hours of service included in the term of the teacher's
contract; or
(3) is not directed or approved by the school district
at which the teacher is employed to attend the mathematics
achievement academy.
(g) The agency shall develop a method for evaluating a
mathematics achievement academy to determine the effectiveness of
the academy, including whether the academy improves teaching
practices and student math proficiency. A school district or
open-enrollment charter school shall provide any information
requested by the agency for purposes of evaluating mathematics
achievement academies under this subsection.
(h) In addition to the mathematics achievement academies
developed under Subsection (a), the commissioner shall develop and
make available mathematics interventionist academies for a teacher
or other professional who provides mathematics interventions to
students who require targeted instruction in foundational
mathematics skills.
(i) The commissioner may establish an advisory board to
assist the agency in fulfilling the agency's duties under this
section. A recommendation of the advisory board shall be made
available to the public. Chapter 2110, Government Code, does not
apply to an advisory board established under this subsection.
SECTION 5.06. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.0816 to read as follows:
Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT
PROGRAM. (a) From money appropriated or otherwise available for
the purpose, the agency shall establish and administer a grant
program to provide funding and technical assistance to school
districts and open-enrollment charter schools to plan the school
year and adjust operations as necessary to qualify for the
incentive funding under Section 48.0051.
(b) In awarding grants under the program, the agency shall
prioritize school districts and open-enrollment charter schools
that seek to maximize incentive funding under Section 48.0051.
(c) The agency may solicit and accept gifts, grants, and
donations for purposes of this section.
SECTION 5.07. Section 25.085(d), Education Code, is amended
to read as follows:
(d) Unless specifically exempted by Section 25.086, a
student enrolled in a school district must attend:
(1) an extended-year program for which the student is
eligible that is provided by the district for students identified
as likely not to be promoted to the next grade level or tutorial
classes required by the district under Section 29.084;
(2) a reading intervention program [an accelerated
reading instruction program] to which the student is assigned under
Section 28.0064 [28.006(g)];
(3) an accelerated instruction program to which the
student is assigned under Section 28.0211;
(4) a basic skills program to which the student is
assigned under Section 29.086; or
(5) a summer program provided under Section 37.008(l)
or Section 37.021.
SECTION 5.08. The heading to Section 28.006, Education
Code, is amended to read as follows:
Sec. 28.006. KINDERGARTEN READING READINESS [DIAGNOSIS].
SECTION 5.09. Section 28.006, Education Code, is amended by
amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and
(h) and adding Subsection (n) to read as follows:
(a) The commissioner shall develop recommendations for
school districts for:
(1) administering reading instruments to measure
students' foundational literacy skills in [diagnose student]
reading development and comprehension;
(2) training educators in administering the reading
instruments; and
(3) applying the results of the reading instruments to
the instructional program.
(b) The commissioner shall adopt a [list of] reading
instrument [instruments] that a school district shall [may] use at
the beginning of the school year to measure a kindergarten
student's foundational literacy skills in [diagnose student]
reading development and comprehension. A reading instrument
adopted under this subsection may include other developmental
skills as part of [For use in diagnosing the reading development and
comprehension of kindergarten students, the commissioner shall
adopt] a multidimensional assessment tool [that includes a reading
instrument and tests at least three developmental skills, including
literacy. A multidimensional assessment tool administered as
provided by this subsection is considered to be a reading
instrument for purposes of this section. A district-level
committee established under Subchapter F, Chapter 11, may adopt a
list of reading instruments for use in the district in a grade level
other than kindergarten in addition to the reading instruments on
the commissioner's list]. A [Each] reading instrument adopted by
the commissioner [or a district-level committee] must be based on
scientific research concerning foundational literacy skills in
reading [skills] development and [reading] comprehension and[. A
list of reading instruments adopted under this subsection must]
provide for measuring [diagnosing] the foundational literacy
skills in reading development and comprehension of students,
including students participating in a program under Subchapter B,
Chapter 29.
(b-1) The commissioner may approve not more than two [an]
alternative reading instruments [instrument] for use in measuring
[diagnosing] the foundational literacy skills in reading
development and comprehension of kindergarten students that
complies with the requirements under Subsection (b).
(c-2) Not later than the 60th day after the beginning of the
school year, each [Each] school district shall administer at the
kindergarten level a reading instrument adopted by the commissioner
under Subsection (b) or approved by the commissioner under
Subsection (b-1). The district shall administer the reading
instrument in accordance with the commissioner's recommendations
under Subsection (a)(1) and policies developed by commissioner
rule.
(c-3) The commissioner by rule shall determine the
performance on a [the] reading instrument adopted or approved under
this section [Subsection (b)] that indicates kindergarten
readiness. Each reading instrument adopted or approved under this
section must provide for the ability to compare the performance
that indicates kindergarten readiness on that instrument with the
performance that indicates kindergarten readiness on other
instruments adopted or approved under this section.
(d) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district at a public meeting of the board the
results of a [the] reading instrument administered to students
under this section [instruments];
(2) not later than the earlier of the 20th school day
or the 30th [60th] calendar day after the date on which the results
of a reading instrument are available, [was administered] report,
in writing or electronically, to a student's parent or guardian the
student's results on the instrument; and
(3) using the school readiness certification system
provided to the school district in accordance with Section
29.161(e), report electronically each student's raw score on the
reading instrument to the agency for use in the school readiness
certification system.
(f) The agency shall ensure [at least one] reading
instruments adopted or approved [instrument for each grade level
for which a reading instrument is required to be administered]
under this section are [is] available to school districts at no
cost.
(h) The school district shall make a good faith effort to
ensure that the report [notice] required under Subsection (d)(2)
[this section] is provided either in person or electronically [by
regular mail] and that the report [notice] is clear and easy to
understand and is written in English and in the parent or guardian's
native language.
(n) Nothing in this section may be construed to circumvent
or supplant federal or state law regarding a student who
participates in a special education program under Subchapter A,
Chapter 29, or a student who is suspected to have a disability and
who may be eligible to participate in a special education program
under that subchapter.
SECTION 5.10. Subchapter A, Chapter 28, Education Code, is
amended by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071
to read as follows:
Sec. 28.0063. EARLY LITERACY AND NUMERACY INSTRUMENTS. (a)
The commissioner shall adopt a list of reading and mathematics
instruments approved or developed by the commissioner for use by
school districts in kindergarten through grade three to measure
students' foundational literacy skills in reading development and
comprehension and foundational numeracy skills in mathematics.
(b) A reading or mathematics instrument adopted under
Subsection (a) must:
(1) be based on scientific research concerning, as
applicable:
(A) foundational literacy skills in reading
development and comprehension; or
(B) foundational numeracy skills in mathematics;
(2) be capable of being administered at the beginning,
middle, and end of the school year;
(3) be designed to assess the performance of students
in, as applicable:
(A) the foundational literacy skills components
of the essential knowledge and skills adopted under Section 28.002
for language arts; or
(B) the foundational numeracy skills components
of the essential knowledge and skills adopted under Section 28.002
for mathematics;
(4) be capable of monitoring student progress in a
manner that allows school district staff to identify specific
foundational literacy or numeracy skills in need of targeted
instruction;
(5) assess whether a student's skills identified as in
need of targeted instruction indicate that the student is at risk,
as determined by the agency, of not achieving satisfactory
performance on the third grade reading or mathematics assessment
administered under Section 39.023;
(6) for a reading instrument for students in
kindergarten and first grade, include the applicable elements and
criteria to serve as the required screenings for dyslexia and
related disorders under Section 38.003; and
(7) for a reading instrument, allow a school district
to generate a report regarding a student's reading progress,
including progress from previous administrations of the same
instrument, that is clear and easy to understand that may be
distributed to the student's parent in English, Spanish, or, to the
extent practicable, any other language spoken by the parent.
(c) The commissioner shall:
(1) update the list of reading and mathematics
instruments adopted under Subsection (a) not less than once every
four years;
(2) ensure the list adopted under Subsection (a)
includes multiple reading and mathematics instruments;
(3) develop a process by which a school district may
submit an instrument to the commissioner for approval; and
(4) make publicly available the criteria for the
evaluation and approval of an instrument submitted to the
commissioner.
(d) The instruments adopted or approved under this section
shall be administered as follows:
(1) for kindergarten, at the middle and end of the
school year;
(2) for first and second grade, at the beginning,
middle, and end of the school year; and
(3) for third grade, at the beginning and middle of the
school year.
(e) The commissioner shall align and determine
comparability of the instruments administered under this section
with the following instruments:
(1) an instrument adopted or approved under Section
28.006 that is administered to a kindergarten student at the
beginning of the school year; and
(2) a third grade assessment instrument adopted or
developed under Section 39.023 that is administered at the end of
the school year for a third grade student.
(f) If the commissioner determines that an interim
assessment instrument adopted under Section 39.023(o) provides the
same intended outcomes as an instrument adopted or approved under
this section, the commissioner may substitute that interim
assessment instrument for an instrument adopted or approved under
this section.
(g) A school district shall administer to students in
kindergarten through third grade a reading instrument and a
mathematics instrument adopted under Subsection (a) in accordance
with requirements and recommendations established by the
commissioner under this section, including requirements or
recommendations related to:
(1) administering the instruments;
(2) training staff on the instruments; and
(3) applying the results of the instruments to the
district's instructional program.
(h) The superintendent of each school district shall:
(1) report to the commissioner and the board of
trustees of the district at a public meeting of the board the
results of a reading or mathematics instrument administered to
students under this section; and
(2) not later than the earlier of the 20th school day
or the 30th calendar day after the date on which the results of a
reading or mathematics instrument are available, report, in writing
or electronically, to a student's parent or guardian:
(A) the student's results on the instrument;
(B) for a reading instrument, the report
described by Subsection (b)(7); and
(C) if the student is determined to be at risk for
dyslexia or a related disorder based on the results of the reading
instrument, information regarding that determination.
(i) The agency shall establish a list of reading and
mathematics instruments adopted under Subsection (a) for which the
agency has negotiated a price. A school district is not required to
use a method provided by Section 44.031 to purchase an instrument on
the list established under this subsection.
(j) A student's parent or guardian may submit a written
request to the administrator of the campus at which the student is
enrolled to opt the student out of the administration of a reading
or mathematics instrument required under this section. A school
district may not encourage or direct a parent or guardian to submit
a written request under this subsection.
(k) The commissioner shall adopt rules as necessary to
implement this section.
(l) Section 2001.0045, Government Code, does not apply to a
rule adopted under this section.
(m) A school district may comply with the requirements of
Subsection (g) by administering a reading or mathematics instrument
selected by the board of trustees of the school district that meets
the requirements of Subsection (b) until the commissioner adopts
the list of reading and mathematics instruments under Subsection
(a). This subsection expires September 1, 2029.
Sec. 28.0064. EARLY LITERACY INTERVENTION FOR CERTAIN
STUDENTS. (a) If a student's results on two consecutive reading
instruments administered under Section 28.0063 indicate that the
student is at risk, as determined by the agency, of not achieving
satisfactory performance in foundational literacy, a school
district shall, as soon as practicable following the receipt of the
student's results, provide reading interventions to the student.
(b) Reading interventions provided under Subsection (a)
must:
(1) include targeted instruction in the foundational
literacy skills identified as areas in need of targeted instruction
by the reading instrument administered under Section 28.0063;
(2) ensure that the student receives the interventions
during a period and at a frequency sufficient to address the areas
described by Subdivision (1);
(3) include effective instructional materials
designed for reading intervention;
(4) be provided by a person:
(A) with training in reading interventions and in
the applicable instructional materials described by Subdivision
(3); and
(B) under the oversight of the school district;
(5) to the extent possible, be provided by one person
for the entirety of the student's reading intervention period; and
(6) meet any additional requirements adopted by the
commissioner.
(c) A school district shall continue providing reading
intervention to a student under this section until the earlier of
the date on which:
(1) the student is no longer determined to be at risk,
as determined by the agency, of not achieving satisfactory
performance in foundational literacy on a reading instrument
administered under Section 28.0063; or
(2) the student begins the fourth grade.
(d) In providing reading interventions under this section,
a school district may not remove a student, except under
circumstances for which a student enrolled in the same grade level
who is not receiving reading interventions would be removed, from:
(1) instruction in the foundation curriculum and
enrichment curriculum adopted under Section 28.002 for the grade
level in which the student is enrolled; or
(2) recess or other physical activity that is
available to other students enrolled in the same grade level.
(e) The agency shall approve one or more products that use
an automated, computerized, or other augmented method for providing
reading interventions. The agency may approve a product under this
subsection only if evidence indicates that the product is effective
at promoting mastery of foundational literacy skills.
(f) Subject to appropriation, the agency shall ensure that
at least one product approved under Subsection (e) is available to
school districts at no or reduced cost.
(g) A student's parent or guardian may submit a written
request to the administrator of the campus at which the student is
enrolled to opt the student out of all or part of the reading
intervention requirements under Subsection (b). A school district
may not encourage or direct a parent or guardian to submit a written
request under this subsection that would allow the district to not
provide reading interventions to the student.
(h) A school district must provide to the parent or guardian
of a student receiving reading interventions under this section the
notice required under Section 26.0081(d).
(i) Nothing in this section may be construed to prevent or
discourage reading interventions for a student whose results on a
reading instrument administered under Section 28.0063 indicate
that the student is at risk, as determined by the agency, of not
achieving satisfactory performance in foundational literacy.
(j) Nothing in this section may be construed to circumvent
or supplant federal or state law regarding a student who
participates in a special education program under Subchapter A,
Chapter 29, or a student who is suspected to have a disability and
who may be eligible to participate in a special education program
under that subchapter.
(k) The commissioner shall adopt rules as necessary to
implement this section, including rules that define appropriate
standards for implementing reading interventions that meet the
requirements of Subsection (b).
(l) Section 2001.0045, Government Code, does not apply to a
rule adopted under this section.
(m) A school district is not required to comply with the
requirements of this section until the commissioner adopts a list
of reading and mathematics instruments under Section 28.0063 and
designates the first school year that districts must comply with
this section. This subsection expires September 1, 2029.
Sec. 28.0065. ADAPTIVE VOCABULARY PILOT PROGRAM. (a) The
agency shall develop and implement an adaptive vocabulary
assessment pilot program to assess vocabulary development in
students in kindergarten through third grade.
(b) The agency may develop an assessment under the pilot
program to assess students in grades other than grades described by
Subsection (a).
(c) Nothing in this section may be construed to circumvent
or supplant federal or state law regarding a student who
participates in a special education program under Subchapter A,
Chapter 29, or a student who is suspected to have a disability and
who may be eligible to participate in a special education program
under that subchapter.
(d) The commissioner may adopt rules as necessary to
implement this section.
Sec. 28.0071. MATHEMATICS TRAINING FOR KINDERGARTEN
THROUGH THIRD GRADE. (a) Each school district and open-enrollment
charter school shall ensure that:
(1) not later than the 2030-2031 school year, each
classroom teacher that provides instruction in mathematics to
students in kindergarten through third grade and each principal,
assistant principal, mathematics instructional coach, and
mathematics interventionist at a campus with one of those grade
levels has attended a teacher mathematics achievement academy
developed under Section 21.4553; and
(2) each classroom teacher and principal initially
employed in a grade level or at a campus described by Subdivision
(1) for the 2030-2031 school year or a subsequent school year has
attended a teacher mathematics achievement academy developed under
Section 21.4553 by the end of the teacher's or principal's first
year of placement in that grade level or campus.
(b) The agency shall provide assistance to school districts
and open-enrollment charter schools in complying with the
requirements under this section.
(c) The agency shall:
(1) monitor the implementation of this section; and
(2) periodically report to the legislature on the
implementation of this section and the effectiveness of this
section in improving educational outcomes.
(d) The commissioner may adopt rules to implement this
section.
SECTION 5.11. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.02111 to read as follows:
Sec. 28.02111. FIRST THROUGH THIRD GRADE SUPPLEMENTARY
SUPPORTS. (a) The commissioner shall establish and administer a
program designed to help improve student proficiency in reading by
providing a grant in an amount provided under Section 48.317
through which the student's parent may purchase tutoring services
from agency-approved providers to:
(1) a student at or below the third grade level who,
beginning in the first grade, is required to be provided reading
interventions under Section 28.0064; and
(2) a student who is required to be provided
accelerated instruction under Section 28.0211(a-1) based on the
student's third grade performance.
(b) The agency shall approve as a provider of tutoring
services under this section a classroom teacher employed by a
school district or open-enrollment charter school who:
(1) holds a current teacher designation under Section
21.3521; and
(2) submits the teacher's name to the agency to offer
tutoring services designed to help improve student proficiency in
reading.
(c) The agency shall:
(1) maintain a system of online accounts under which
each student described by Subsection (a) is assigned an account for
the student's parent to access the grant described by Subsection
(a); and
(2) implement the program in a manner that ensures:
(A) ease of use for parents of students who are
eligible for a grant under this section;
(B) fidelity of spending; and
(C) a parent of a student awarded a grant under
this section is provided a period of one year from the date on which
the grant is awarded to obtain services for which grant money may be
used.
(d) A student may not receive more than one grant under
Subsection (a)(1) and one grant under Subsection (a)(2) unless the
legislature provides for additional grants by appropriation.
(e) The agency may reserve from the total amount of money
available for purposes of the program an amount, not to exceed five
percent of the total amount, to cover the agency's cost of
administering the program.
(f) A school district or open-enrollment charter school in
which a student who receives a grant under this section is enrolled
remains subject to the requirements to provide reading
interventions under Section 28.0064 and accelerated instruction
under Section 28.0211, as applicable.
(g) A school district or open-enrollment charter school
shall provide to the parent of a student described by Subsection (a)
notice of the student's eligibility for a grant under this section,
in a form and manner established by the agency.
(h) A decision by the commissioner regarding the program
under this section is final and may not be appealed.
(i) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 5.12. Section 29.0031, Education Code, is amended
by adding Subsection (e) to read as follows:
(e) A school district shall notify the parent of a student
identified with dyslexia or a related disorder of the Talking Book
Program administered by the Texas State Library and Archives
Commission and other available audio book services.
SECTION 5.13. Section 29.153, Education Code, is amended by
amending Subsections (b) and (g) and adding Subsections (g-1), (h),
and (i) to read as follows:
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is homeless, regardless of the residence of the
child, of either parent of the child, or of the child's guardian or
other person having lawful control of the child;
(4) is the child of an active duty member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who is ordered to active
duty by proper authority;
(5) is the child of a member of the armed forces of the
United States, including the state military forces or a reserve
component of the armed forces, who was injured or killed while
serving on active duty;
(6) is or ever has been in:
(A) the conservatorship of the Department of
Family and Protective Services following an adversary hearing held
as provided by Section 262.201, Family Code; or
(B) foster care in another state or territory, if
the child resides in this state; [or]
(7) is the child of a person eligible for the Star of
Texas Award as:
(A) a peace officer under Section 3106.002,
Government Code;
(B) a firefighter under Section 3106.003,
Government Code; or
(C) an emergency medical first responder under
Section 3106.004, Government Code; or
(8) is the child of a person employed as a classroom
teacher at a public primary or secondary school in the school
district that offers a prekindergarten class under this section.
(g) Before a school district or open-enrollment charter
school may construct, repurpose, or lease a classroom facility, or
issue bonds for the construction or repurposing of a classroom
facility, to provide the prekindergarten classes required under
this section, the district or school must:
(1) solicit and consider proposals for partnerships to
provide those classes with community-based child-care providers
who:
(A) [(1)] are a Texas Rising Star Program
provider with a three-star certification or higher;
(B) [(2)] are nationally accredited;
(C) [(3)] are a Head Start program provider;
(D) [(4)] are a Texas School Ready! participant;
or
(E) [(5)] meet the requirements under Section
29.1532; and
(2) have received an official determination from a
prekindergarten partnership intermediary designated under
Subsection (g-1) that the providers from which the district or
school has considered proposals under Subdivision (1) are unable to
serve the students for whom the district or school plans to provide
prekindergarten classes in the classroom facility to be
constructed, repurposed, or leased.
(g-1) The commissioner shall designate at least four
appropriate entities as prekindergarten partnership intermediaries
to develop partnerships between school districts and
open-enrollment charter schools and private prekindergarten
providers. The agency shall develop guidelines for use by the
prekindergarten partnership intermediaries regarding successful
prekindergarten partnerships between school districts and
open-enrollment charter schools and private prekindergarten
providers.
(h) Notwithstanding any other law, a facility or location at
which prekindergarten classes are provided by a school district or
open-enrollment charter school in partnership with a private entity
under this section:
(1) must comply with any municipal ordinance
applicable to the operation of a private prekindergarten program;
and
(2) may not be required to comply with any municipal
ordinance applicable to the operation of a prekindergarten program
by a school district or open-enrollment charter school.
(i) A partnership entered into between a school district or
open-enrollment charter school and a private provider for a
prekindergarten class under this section must provide for the
provider to receive funding for each district or school student
enrolled in the class in an amount that is not less than 85 percent
of the amount of funding that the district or school receives for
the student. Notwithstanding Section 7.056(e)(3)(I), the
commissioner may waive the requirement under this subsection on
request by a school district or open-enrollment charter school in
accordance with Section 7.056.
SECTION 5.14. Section 29.1531, Education Code, is amended
by amending Subsections (a) and (b) and adding Subsections (c) and
(d) to read as follows:
(a) Except as provided by Subsection (c), a [A] school
district may offer on a tuition basis or use district funds to
provide:
(1) an additional half-day of prekindergarten classes
to children who are eligible for classes under Section 29.153 and
are under four years of age; and
(2) half-day and full-day prekindergarten classes to
children not eligible for classes under Section 29.153.
(b) A district that offers a prekindergarten program on a
tuition basis[:
[(1)] may not adopt a tuition rate for the program that
is higher than necessary to cover the added costs of providing the
program, including any costs associated with collecting,
reporting, and analyzing data under Section 29.1532(c)[; and
[(2) must submit the proposed tuition rate to the
commissioner for approval].
(c) A school district may offer a prekindergarten program on
a tuition basis only if the district has received an official
determination from a prekindergarten partnership intermediary
designated under Section 29.153(g-1) that no private
prekindergarten providers that meet the qualifications of Section
29.153(g)(1)(A), (B), (C), or (D) are available to serve the
students for whom the district plans to charge tuition.
(d) The commissioner may adopt rules under this section,
including rules establishing the manner in which a prekindergarten
partnership intermediary may determine whether a private
prekindergarten provider is available.
SECTION 5.15. Section 29.1543, Education Code, is amended
to read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. (a) The agency
shall produce and make available to the public on the agency's
Internet website annual district and campus-level reports
containing information from the previous school year on early
education in school districts and open-enrollment charter schools.
A report under this section must contain:
(1) the information required by Section 29.1532(c) to
be reported through the Public Education Information Management
System (PEIMS);
(2) a description of the [diagnostic] reading
instruments administered in accordance with Section 28.006(c-2)
[28.006(c) or (c-2)];
(3) the number of students who were administered a
[diagnostic] reading instrument administered in accordance with
Section 28.006(c-2) [28.006(c) or (c-2)];
(4) the number of students whose scores from a
[diagnostic] reading instrument administered in accordance with
Section 28.006(c-2) [28.006(c) or (c-2)] indicate kindergarten
readiness in reading [proficiency];
(5) the number of kindergarten students who were
enrolled in a prekindergarten program, including a program offered
through a partnership under Section 29.153, in the previous school
years [year] in the same district or school as the district or
school in which the student attends kindergarten;
(6) the number and percentage of students who perform
satisfactorily on the third grade reading or mathematics assessment
instrument administered under Section 39.023, disaggregated by
whether the student was eligible for free prekindergarten under
Section 29.153;
(7) the number of students described by Subdivision
(6) who attended kindergarten in the district, disaggregated by:
(A) whether the student met the kindergarten
readiness standard on a [the] reading instrument adopted under
Section 28.006;
(B) whether the student attended prekindergarten
in the district, including a program offered through a partnership
under Section 29.153; and
(C) the type of prekindergarten the student
attended, if applicable; [and]
(8) the information described by Subdivisions (6) and
(7) disaggregated by whether the student is educationally
disadvantaged; and
(9) the number of students identified as having a
vision disorder or other vision problem requiring vision care under
the screening program described by Section 36.004, Health and
Safety Code, disaggregated by:
(A) grade level;
(B) gender;
(C) race;
(D) ethnicity;
(E) the student's status as educationally
disadvantaged;
(F) the number of times the student was
previously identified as having a vision disorder or other vision
problem;
(G) the identified vision disorder or problem;
and
(H) the type of screening equipment used for the
screening.
(b) Subject to appropriation or from money otherwise
available for the purpose, the agency shall, in compliance with all
applicable federal and state student privacy laws, acquire and
maintain a third-party data management system to facilitate the
reporting of information under this section.
SECTION 5.16. Section 29.161(c), Education Code, is amended
to read as follows:
(c) The system must:
(1) be reflective of research in the field of early
childhood care and education;
(2) be well-grounded in the cognitive, social, and
emotional development of young children;
(3) apply a common set of criteria to each program
provider seeking certification, regardless of the type of program
or source of program funding; and
(4) be capable of fulfilling the reporting and notice
requirements of Section [Sections] 28.006(d) [and (g)].
SECTION 5.17. Section 29.167, Education Code, is amended by
amending Subsections (b-1) and (b-3) and adding Subsection (b-4) to
read as follows:
(b-1) Notwithstanding Subsection (b), each teacher for a
prekindergarten class provided by an entity with which a school
district contracts to provide a prekindergarten program must:
(1) be certified under Subchapter B, Chapter 21, to
teach prekindergarten or supervised by a person who meets the
requirements under Subsection (b); [and]
(2) have one of the following qualifications:
(A) at least two years' experience of teaching in
a nationally accredited child care program or a Texas Rising Star
Program and:
(i) a Child Development Associate (CDA)
credential or another early childhood education credential
approved by the agency; or
(ii) certification offered through a
training center accredited by Association Montessori
Internationale or through the Montessori Accreditation Council for
Teacher Education; or
(B) a qualification described by Subsection
(b)(2)(A), (D), (E), or (F); and
(3) when appropriate, be appropriately certified or be
supervised by a person who is appropriately certified to provide
effective instruction to emergent bilingual students, as defined by
Section 29.052, enrolled in the prekindergarten program.
(b-3) Subsections (b-1), [and] (b-2), and (b-4) and this
subsection expire September 1, 2029.
(b-4) Subsections (b-1) and (b-2) apply to any
prekindergarten class provided by an entity with which a school
district contracts to provide a prekindergarten program under
Section 29.153.
SECTION 5.18. Sections 29.934(b) and (d), Education Code,
are amended to read as follows:
(b) To apply to be designated as a resource campus under
this section, the campus must have received an overall performance
rating under Section 39.054 of D or F, or an overall performance
rating under Section 39.054(a-4)(1) or 39.0546 of "Not Rated," for
three [four] years over a 10-year period of time.
(d) To be designated as a resource campus, the campus must:
(1) implement a targeted improvement plan as described
by Chapter 39A and establish a school community partnership team;
(2) adopt an accelerated campus excellence turnaround
plan as provided by Section 39A.105(b) [except that a classroom
teacher who satisfies the requirements for demonstrated
instructional effectiveness under Section 39A.105(b)(3) must also
hold a current designation assigned under Section 21.3521];
(3) be in a school district that has adopted an
approved local optional teacher designation system under Section
21.3521;
(4) satisfy certain staff criteria by:
(A) requiring a principal or teacher employed at
the campus before the designation to apply for a position to
continue at the campus;
(B) for a subject in the foundation curriculum
under Section 28.002(a)(1):
(i) employing only teachers who have at
least two [three] years of teaching experience; and
(ii) ensuring that at least 50 percent of
teachers hold a current designation assigned under Section 21.3521;
(C) employing at least one school counselor for
every 300 students; and
(D) employing at least one appropriately
licensed professional to assist with the social and emotional needs
of students and staff, who must be a:
(i) family and community liaison;
(ii) clinical social worker;
(iii) specialist in school psychology; or
(iv) professional counselor;
(5) implement a positive behavior program as provided
by Section 37.0013;
(6) implement a family engagement plan as described by
Section 29.168;
(7) develop and implement a plan to use high quality
instructional materials;
(8) if the campus is an elementary or middle school
campus, operate the campus for a school year that qualifies for
funding under Section 48.0051; and
(9) annually submit to the commissioner data and
information required by the commissioner to assess fidelity of
implementation.
SECTION 5.19. Effective September 1, 2028, Section 29.934,
Education Code, is amended by amending Subsection (b) and adding
Subsection (b-1) to read as follows:
(b) To apply to be designated as a resource campus under
this section, the campus must have received an overall performance
rating under Section 39.054 of D or F, or an overall performance
rating under Section 39.054(a-4)(1) of "Not Rated," for three
[four] years over a 10-year period of time.
(b-1) Notwithstanding Subsection (b), a campus may apply to
be designated as a resource campus under this section if the campus
received an overall performance rating under Section 39.054 of D or
F, or an overall performance rating under Section 39.054(a-4)(1) or
former Section 39.0546 of "Not Rated," for three years over a
10-year period of time. This subsection expires September 1, 2033.
SECTION 5.20. Section 31.0752, Education Code, is amended
to read as follows:
Sec. 31.0752. OPEN EDUCATION RESOURCE INSTRUCTIONAL
MATERIAL SUPPORT PROGRAM. (a) The agency shall develop and
maintain a program to assist school districts and open-enrollment
charter schools in adopting and using open education resource
instructional material made available under this subchapter,
including by assisting districts and schools to:
(1) maintain the instructional flexibility of
classroom teachers to address the needs of each student; and
(2) schedule instructional periods in a manner that
allows classroom teachers sufficient time to effectively prepare
and present instructional material within the teacher's normal work
day.
(b) The agency shall engage in efforts to meet the demand
from school districts and open-enrollment charter schools that
request assistance under this section for the 2024-2025 or
2025-2026 school year. A school district or open-enrollment
charter school may apply assistance received under this subsection
to offset the payment of costs related to implementing open
education resource instructional material, regardless of whether
the district or school incurred the cost before receiving the
assistance. This subsection expires September 1, 2027.
SECTION 5.21. Subchapter B-1, Chapter 31, Education Code,
is amended by adding Section 31.0754 to read as follows:
Sec. 31.0754. COMMUNICATION REGARDING OPEN EDUCATION
RESOURCE INSTRUCTIONAL MATERIALS. Notwithstanding Chapter 2113,
Government Code, the commissioner may enter into contracts or
agreements and engage in efforts to communicate information
regarding the development and availability of open education
resource instructional materials made available under this
subchapter, including activities to promote, market, and advertise
the content included in and how to use those materials.
SECTION 5.22. Section 38.003, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The State Board of Education shall identify the
necessary criteria and elements that provide for universal
screening [Students enrolling in public schools in this state shall
be screened or tested, as appropriate,] for dyslexia and related
disorders for students [at appropriate times in accordance with a
program approved by the State Board of Education. The program must
include screening at the end of the school year of each student] in
kindergarten and [each student in the] first grade.
(a-1) The criteria and elements identified under Subsection
(a) must be included in the reading instruments adopted or approved
under Section 28.0063 and administered in accordance with the
timelines established under that section.
SECTION 5.23. Section 39.333, Education Code, is amended to
read as follows:
Sec. 39.333. REGIONAL AND DISTRICT LEVEL REPORT. As part of
the comprehensive biennial report under Section 39.332, the agency
shall submit a regional and district level report covering the
preceding two school years and containing:
(1) a summary of school district compliance with the
student/teacher ratios and class-size limitations prescribed by
Sections 25.111 and 25.112, including:
(A) the number of campuses and classes at each
campus granted an exception from Section 25.112; and
(B) for each campus granted an exception from
Section 25.112, a statement of whether the campus has been awarded a
distinction designation under Subchapter G or has been identified
as an unacceptable campus under Chapter 39A;
(2) a summary of the exemptions and waivers granted to
campuses and school districts under Section 7.056 or 39.232 and a
review of the effectiveness of each campus or district following
deregulation;
(3) an evaluation of the performance of the system of
regional education service centers based on the indicators adopted
under Section 8.101 and client satisfaction with services provided
under Subchapter B, Chapter 8; and
(4) [an evaluation of accelerated instruction
programs offered under Section 28.006, including an assessment of
the quality of such programs and the performance of students
enrolled in such programs; and
[(5)] the number of classes at each campus that are
currently being taught by individuals who are not certified in the
content areas of their respective classes.
SECTION 5.24. Section 48.0051, Education Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsection
(b-1) to read as follows:
(a) The [Subject to Subsection (a-1), the] commissioner
shall adjust the average daily attendance of a school district or
open-enrollment charter school under Section 48.005 in the manner
provided by Subsection (b) if the district or school:
(1) provides the minimum number of minutes of
operational and instructional time required under Section 25.081
and commissioner rules adopted under that section over at least 175
[180] days of instruction; and
(2) offers an additional 30 days of half-day
instruction for students enrolled in prekindergarten through
eighth [fifth] grade.
(b) Subject to Subsection (b-1), for [For] a school district
or open-enrollment charter school described by Subsection (a), the
commissioner shall increase the average daily attendance of the
district or school under Section 48.005 by the amount that results
from the quotient of the sum of attendance by students described by
Subsection (a)(2) for each of the 30 additional instructional days
of half-day instruction that are provided divided by 175 [180].
(b-1) For a school district or open-enrollment charter
school described by Subsection (a) that provides at least 200 full
days of instruction to students described by Subsection (a)(2), the
commissioner shall increase the amount computed for the district or
school under Subsection (b) by 50 percent.
(d) This section does not prohibit a school district from
providing the minimum number of minutes of operational and
instructional time required under Section 25.081 and commissioner
rules adopted under that section over fewer than 175 [180] days of
instruction.
SECTION 5.25. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.0052 to read as follows:
Sec. 48.0052. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS
FOR READING INTERVENTIONS. (a) The commissioner shall adjust the
average daily attendance of a school district or open-enrollment
charter school under Section 48.005 in the manner provided by
Subsection (b) if the district or school:
(1) does not qualify for funding under Section
48.0051;
(2) provides the minimum number of minutes of
operational and instructional time required under Section 25.081
and commissioner rules adopted under that section; and
(3) offers up to an additional 30 days of half-day
instruction consisting of reading interventions described by
Section 28.0064 for students who are required to be provided
reading interventions under that section.
(b) For a school district or open-enrollment charter school
described by Subsection (a), the commissioner shall increase the
average daily attendance of the district or school under Section
48.005 by 50 percent of the amount that results from the quotient of
the sum of attendance by students described by Subsection (a)(3)
for each of the additional instructional days of half-day
instruction that are provided divided by 175.
(c) The agency shall assist school districts and
open-enrollment charter schools in qualifying for the incentive
under this section.
(d) The commissioner shall adopt rules necessary for the
implementation of this section.
SECTION 5.26. Section 48.108, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) For each student in average daily attendance in
kindergarten through third grade, a school district is entitled to
an annual allotment equal to the basic allotment multiplied by
0.01.
(a-1) In addition to the allotment under Subsection (a), a
school district is entitled to an annual allotment equal to the
basic allotment multiplied by 0.1 for each student in average daily
attendance in kindergarten through third grade who [0.1 if the
student] is:
(1) educationally disadvantaged; or
(2) an emergent bilingual student, as defined by
Section 29.052, and is in a bilingual education or special language
program under Subchapter B, Chapter 29.
(b) Funds allocated under this section must be used to fund:
(1) the attendance of teachers employed by the
district at teacher literacy achievement academies under Section
21.4552 or teacher mathematics achievement academies under Section
21.4553;
(2) prekindergarten programs under Subchapters E and
E-1, Chapter 29; and
(3) programs and services designed to improve student
performance in reading and mathematics in prekindergarten through
third grade, including programs and services designed to assist the
district in achieving the goals set in the district's early
childhood literacy and mathematics proficiency plans adopted under
Section 11.185.
(c) A school district is entitled to an allotment under each
subdivision of Subsection (a-1) [(a)] for which a student
qualifies.
SECTION 5.27. Subchapter C, Chapter 48, Education Code, is
amended by adding Sections 48.1081 and 48.122 to read as follows:
Sec. 48.1081. DISTRIBUTION OF CERTAIN EARLY EDUCATION
ALLOTMENT MONEY FOR PURPOSES OF FULL-DAY PREKINDERGARTEN. (a)
This section applies only to money to which a school district is
entitled under Section 48.108(a-1).
(b) Notwithstanding any other provision of this chapter,
from the total amount of money to which school districts are
entitled under Section 48.108(a-1), the agency shall, instead of
providing money to which this section applies to school districts
in accordance with Section 48.108(a-1), distribute that money as
follows:
(1) provide to each school district that operates a
full-day program under Section 29.153(c), funding under this
chapter based on one-half of the average daily attendance
calculated under Section 48.005 for each student in that program;
and
(2) if any amount remains after distributing money
under Subdivision (1), provide to each school district an amount
that is proportional to the district's entitlement under Section
48.108(a-1).
Sec. 48.122. EARLY LITERACY INTERVENTION ALLOTMENT. (a)
Except as provided by Subsections (b) and (c), for each enrolled
student receiving reading interventions under Section 28.0064, a
school district is entitled to an annual allotment of $250, or a
greater amount provided by appropriation.
(b) A school district may not receive funding under this
section for a student for which the district receives an allotment
under Section 48.103.
(c) A school district may receive funding under this section
for not more than 10 percent of students enrolled in the district in
kindergarten through third grade.
SECTION 5.28. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.317 to read as follows:
Sec. 48.317. THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT;
FUNDING ADJUSTMENT. (a) A student to whom the agency provides a
grant under Section 28.02111 is entitled to receive an amount of
$400 for each grant for which the student is eligible under that
section, or a greater amount provided by appropriation.
(b) A student may receive only one grant under Section
28.02111(a)(1) and one grant under Section 28.02111(a)(2) unless
the legislature provides for additional grants by appropriation.
(c) Subject to Subsection (d), beginning with the 2030-2031
school year, the agency shall reduce the school district's
entitlement under this chapter each school year by the total amount
of grant money received by a student under Subsection (a) for each
student who:
(1) fails to perform satisfactorily on the third grade
reading assessment instrument administered under Section
39.023(a);
(2) received and used a grant under Section 28.02111;
and
(3) was enrolled in the district from kindergarten
through third grade.
(d) For a student described by Subsection (c) who is
eligible to participate in a school district's special education
program under Section 29.003, the agency shall reduce the
district's entitlement in accordance with Subsection (c) by
one-half of the amount determined for the student under that
subsection.
(e) Notwithstanding Section 7.057, a determination by the
commissioner under this section is final and may not be appealed.
SECTION 5.29. The following provisions of the Education
Code are repealed:
(1) Section 7.058;
(2) Sections 28.006(c), (c-1), (g), (g-1), (g-2), (i),
(j), and (k); and
(3) Section 28.007.
SECTION 5.30. To the extent of any conflict between the
changes made to the Education Code by this article and the changes
made to the Education Code by another Act of the 89th Legislature,
Regular Session, 2025, the changes made by this article prevail.
SECTION 5.31. (a) Except as provided by Subsection (b) of
this section, Sections 12.104, 21.4552, 21.4553, 25.085, 28.006,
29.153, 29.1543, 29.167, 29.934, and 39.333, Education Code, as
amended by this article, and Sections 28.0063, 28.0064, and
28.0065, Education Code, as added by this article, apply beginning
with the 2025-2026 school year.
(b) Section 28.02111, Education Code, as added by this
article, applies beginning with the 2026-2027 school year.
(c) Sections 29.153(g) and 29.1531, Education Code, as
amended by this article, apply beginning with the 2027-2028 school
year.
SECTION 5.32. (a) Sections 48.0051 and 48.108, Education
Code, as amended by this article, and Sections 48.0052, 48.1081,
and 48.122, Education Code, as added by this article, take effect
September 1, 2025.
(b) Section 48.317, Education Code, as added by this
article, takes effect September 1, 2026.
(c) Section 29.1543(b), Education Code, as added by this
article, takes effect September 1, 2027.
(d) Except as provided by Subsection (a) of this section or
as otherwise provided by this article, this article takes effect
immediately if this Act 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 article takes effect September
1, 2025.
ARTICLE 6. COLLEGE, CAREER, AND MILITARY READINESS
SECTION 6.01. Section 4.002, Education Code, is amended to
read as follows:
Sec. 4.002. PUBLIC EDUCATION ACADEMIC GOALS. To serve as a
foundation for a well-balanced and appropriate education:
GOAL 1: The students in the public education system
will demonstrate exemplary performance in the reading and writing
of the English language.
GOAL 2: The students in the public education system
will demonstrate exemplary performance in the understanding of
mathematics.
GOAL 3: The students in the public education system
will demonstrate exemplary performance in the understanding of
science.
GOAL 4: The students in the public education system
will demonstrate exemplary performance in the understanding of
social studies.
GOAL 5: The students who graduate high school in the
public education system will have the skills and credentials
necessary to immediately enter this state's workforce.
GOAL 6: The students who graduate high school in the
public education system and who elect to pursue postsecondary
education will be ready for postsecondary coursework without the
need for remediation.
SECTION 6.02. Subchapter B, Chapter 7, Education Code, is
amended by adding Sections 7.0405 and 7.043 to read as follows:
Sec. 7.0405. POSTING OF POSTSECONDARY OUTCOMES. (a)
Subject to Subsection (b), the agency shall post on the agency's
Internet website the following de-identified data, disaggregated
by school district or open-enrollment charter school, high school
campus, and annual cohort for the 10 most recent annual cohorts:
(1) for students who graduate from high school:
(A) the number and percentage of students who
enroll in, enroll in remedial postsecondary coursework as part of,
persist for at least one year in, or complete a postsecondary
degree, certificate, or other credentialing program, disaggregated
by program and postsecondary educational institution; and
(B) employment status, occupation, industry,
wage, and county of employment and residence, as reported under
Section 204.0025, Labor Code; and
(2) for students who did not graduate from high
school:
(A) the highest grade level completed;
(B) for each cohort for which data is available,
employment status, occupation, industry, wage, and county of
employment and residence, as reported under Section 204.0025, Labor
Code; and
(C) whether the student has earned a high school
equivalency certificate.
(b) The agency is required to provide data regarding
students who graduate from high school and enroll in remedial
postsecondary coursework as part of a postsecondary degree,
certificate, or other credentialing program under Subsection
(a)(1)(A) only to the extent that data is available.
(c) The agency shall post the data required under Subsection
(a) in a manner that complies with the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g) and may, if necessary
to comply with that act, create a private portal for school district
board of trustees or open-enrollment charter school governing body
members, school administrators, and school counselors at a high
school to access data for the member's, administrator's, or
counselor's school district or open-enrollment charter school.
(d) The agency shall ensure the data posted under Subsection
(a) is made available to:
(1) school district board of trustees and
open-enrollment charter school governing body members and
superintendents to assist in adopting college, career, and military
readiness plans under Section 11.186; and
(2) school counselors at a high school to assist the
counselors in performing the duties under Section 33.007.
Sec. 7.043. STATEWIDE GOAL FOR CAREER READINESS. (a) Using
the data posted under Section 7.0405(a), the agency shall create a
quantifiable statewide goal for public school students to achieve
career readiness, including by attaining a workforce-aligned
credential while in high school.
(b) The agency shall update the goal created under
Subsection (a) at least once every five years.
SECTION 6.03. Section 11.186, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsections (d), (e),
and (f) to read as follows:
(b) Each plan adopted under Subsection (a) must:
(1) identify annual goals for students in each group
evaluated under the closing the gaps domain under Section
39.053(c)(3);
(2) include an annual goal [goals] for aggregate
student growth on each college, career, and military readiness
indicator [indicators] evaluated under the student achievement
domain under Section 39.053(c)(1);
(3) assign at least one district-level administrator
or employee of the regional education service center for the
district's region to:
(A) coordinate implementation of the plan; and
(B) submit an annual report to the board of
trustees, the agency, and the Legislative Budget Board on the
district's performance and progress toward the goals set under the
plan; and
(4) be reviewed and approved by majority vote annually
by the board of trustees at a public meeting.
(c) In identifying and including goals in each plan adopted
under Subsection (a) as provided by Subsection (b), the board of
trustees shall use longitudinal student outcomes data posted under
Section 7.0405(a) and any other resources available to the board.
(d) A school district shall post the annual report described
by Subsection (b)(3)(B) on the district's Internet website and on
the Internet website, if any, of each campus in the district not
later than two weeks before the date of the public meeting at which
the report is reviewed and approved as required by Subsection
(b)(4). The district shall update the annual report on each
Internet website if any modifications are made to the report by the
board of trustees.
(e) The commissioner by rule shall establish a deadline for
the submission of the annual reports described by Subsection
(b)(3)(B). The agency shall compile and make publicly accessible on
the agency's Internet website the annual reports.
(f) The agency may evaluate the goals identified or included
in an annual report described by Subsection (b)(3)(B) to determine
whether those goals align with state secondary, postsecondary, and
workforce goals.
SECTION 6.04. Section 28.0095, Education Code, is amended
by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c)(1)(A), a student
otherwise described by Subsection (c) is eligible to enroll at no
cost in a dual credit course under the program if the student has
graduated from high school but is:
(1) enrolled in a school district or open-enrollment
charter school at a campus designated as a P-TECH school under
Section 29.556 or in a school district participating in a
partnership under Section 29.912; and
(2) completing a course of study offered through an
articulation agreement or memorandum of understanding with an
institution of higher education and the district or school
described by Subdivision (1), as applicable, under the Pathways in
Technology Early College High School (P-TECH) program under
Subchapter N, Chapter 29, or the Rural Pathway Excellence
Partnership (R-PEP) program under Section 29.912.
SECTION 6.05. Section 29.182(b), Education Code, is amended
to read as follows:
(b) The state plan must include procedures designed to
ensure that:
(1) all secondary and postsecondary students have the
opportunity to participate in career and technology education
programs;
(2) the state complies with requirements for
supplemental federal career and technology education funding;
(3) career and technology education is established as
a part of the total education system of this state and constitutes
an option for student learning that provides a rigorous course of
study consistent with the required curriculum under Section 28.002
and under which a student may receive specific education in a career
and technology program that:
(A) incorporates competencies leading to
academic and technical skill attainment;
(B) leads to:
(i) an industry-recognized license,
credential, or certificate; or
(ii) at the postsecondary level, an
associate or baccalaureate degree;
(C) includes opportunities for students to earn
college credit for coursework; and
(D) includes, as an integral part of the program,
participation by students and teachers in activities of career and
technical student organizations supported by the agency and the
State Board of Education; [and]
(4) a school district provides, to the greatest extent
possible, to a student participating in a career and technology
education program opportunities to enroll in dual credit courses
designed to lead to a degree, license, or certification as part of
the program; and
(5) a course of study offered under a Junior Reserve
Officers' Training Corps program established under 10 U.S.C.
Section 2031 is considered a career and technology education
program.
SECTION 6.06. Sections 29.190(a-1), (b), and (c), Education
Code, are amended to read as follows:
(a-1) A student may not receive more than two subsidies [one
subsidy] under this section.
(b) A teacher is entitled to a subsidy under this section if
the teacher passes a certification examination related to career
and technology education [cybersecurity].
(c) On approval by the commissioner, the agency shall pay
each school district an amount equal to the cost paid by the
district for a certification examination under this section,
including any costs paid for associated fingerprinting or criminal
history record information review. To obtain reimbursement for a
subsidy paid under this section, a district must:
(1) pay the costs described by this subsection [fee
for the examination]; and
(2) submit to the commissioner a written application
on a form prescribed by the commissioner stating the amount of the
costs [fee] paid under Subdivision (1) [for the certification
examination].
SECTION 6.07. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.9017 to read as follows:
Sec. 29.9017. NOTICE REGARDING MILITARY-RELATED TRAINING
PROGRAMS. (a) As part of the high school registration process and
annually, a school district or open-enrollment charter school shall
notify the parent or guardian of each student enrolled in a Junior
Reserve Officers' Training Corps program established under 10
U.S.C. Section 2031 regarding any early registration or scholarship
program available to students in military-related training
programs.
(b) The notice required under Subsection (a) must provide
the student's parent or guardian with the option to share the
student's data with one or more public institutions of higher
education for the purpose of learning about any opportunity to
participate in an early registration or scholarship program
described by Subsection (a), including:
(1) the student's directory contact information;
(2) the student's education records; or
(3) any other information prescribed by Texas Higher
Education Coordinating Board rule that would allow the student to
learn about an opportunity to participate in military-related
training programs at public institutions of higher education,
including financial aid or scholarship programs.
SECTION 6.08. Section 29.912, Education Code, is amended by
adding Subsection (c-1) and amending Subsection (j) to read as
follows:
(c-1) A school district that has participated in the program
may continue to participate in the program regardless of the number
of students in average daily attendance in the district for the
current school year.
(j) The commissioner shall make grants available for use by
a coordinating entity for a two-year period to assist with costs
associated with the planning, development, establishment, or
expansion, as applicable, of partnerships under the program using
[a portion of state funds allocated under Section 48.118 as well as]
money appropriated for that purpose, federal funds, and any other
funds available. The commissioner may award a grant only to a
coordinating entity that has entered into a performance agreement
approved under Subsection (i) or, if in the planning stage, has
entered into a memorandum of understanding to enter into a
performance agreement, unless the source of funds does not permit a
grant to the coordinating entity, in which case the grant shall be
made to a participating school district acting as fiscal agent.
Eligible use of grant funds shall include planning, development,
establishment, or expansion of partnerships under the program. The
commissioner may use not more than 15 percent of the money allocated
for the grants to cover the cost of administering grants awarded
under the program and to provide technical assistance and support
to partnerships under the program. The total amount of grants
awarded under this subsection for a school year may not exceed $5
million.
SECTION 6.09. Section 33.007, Education Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) During the first school year a student is enrolled in a
high school or at the high school level in an open-enrollment
charter school, and again during each year of a student's
enrollment in high school or at the high school level, a school
counselor shall provide information about postsecondary education
to the student and the student's parent or guardian. The
information must include information regarding:
(1) the importance of postsecondary education,
including:
(A) career readiness and workforce training
opportunities; and
(B) a link to the My Texas Future Internet
website and information regarding how to create a profile on that
website;
(2) the advantages of earning an endorsement and a
performance acknowledgment and completing the distinguished level
of achievement under the foundation high school program under
Section 28.025;
(3) the disadvantages of taking courses to prepare for
a high school equivalency examination relative to the benefits of
taking courses leading to a high school diploma;
(4) financial aid eligibility;
(5) instruction on how to apply for federal financial
aid;
(6) the center for financial aid information
established under Section 61.0776;
(7) the automatic admission of certain students to
general academic teaching institutions as provided by Section
51.803;
(8) the eligibility and academic performance
requirements for the TEXAS Grant as provided by Subchapter M,
Chapter 56;
(9) the availability of programs in the district under
which a student may earn college credit, including advanced
placement programs, dual credit programs, joint high school and
college credit programs, and international baccalaureate programs;
(10) the availability of education and training
vouchers and tuition and fee waivers to attend an institution of
higher education as provided by Section 54.366 for a student who is
or was previously in the conservatorship of the Department of
Family and Protective Services; [and]
(11) the availability of college credit awarded by
institutions of higher education to veterans and military
servicemembers for military experience, education, and training
obtained during military service as described by the informational
materials developed under Section 302.0031(h), Labor Code;
(12) opportunities to complete career training and
obtain a postsecondary credential while enrolled in high school,
whether at the student's campus, another campus in the school
district or open-enrollment charter school, or an educational
institution that partners with the district or school, including:
(A) information regarding program costs, program
completion rates, and the average wages of students who complete
the program; and
(B) the availability of information regarding
those opportunities on the My Texas Future Internet website; and
(13) the outcomes of graduates from the campus and
school district or open-enrollment charter school in which the
student is enrolled, including completion rates and average wages
based on postsecondary pathways available to those graduates at the
campus, district, or school using data posted under Section
7.0405(a) or available on the My Texas Future Internet website.
(d) The agency or the Texas Higher Education Coordinating
Board shall make available to school counselors an annual online
training regarding statewide trends identified in the data posted
under Section 7.0405(a) or available on the My Texas Future
Internet website. The training must include information to assist
school counselors in identifying the postsecondary outcomes for
students at the counselor's campus and school district or
open-enrollment charter school for purposes of performing the
counselor's duties under this section. The agency or the
coordinating board may make the training available through the
Texas OnCourse Internet website.
SECTION 6.10. The heading to Section 39.0261, Education
Code, is amended to read as follows:
Sec. 39.0261. COLLEGE PREPARATION AND CAREER READINESS
ASSESSMENTS.
SECTION 6.11. Section 39.0261(a), Education Code, is
amended to read as follows:
(a) In addition to the assessment instruments otherwise
authorized or required by this subchapter:
(1) each school year and at state cost, a school
district may administer to students in the spring of the eighth
grade an established, valid, reliable, and nationally
norm-referenced preliminary college preparation assessment
instrument for the purpose of diagnosing the academic strengths and
deficiencies of students before entrance into high school;
(2) each school year and at state cost, a school
district may administer to students in the 10th grade an
established, valid, reliable, and nationally norm-referenced
preliminary college preparation assessment instrument for the
purpose of measuring a student's progress toward readiness for
college and the workplace; and
(3) high school students in the spring of the 11th
grade or during the 12th grade may select and take once, at state
cost:
(A) one of the valid, reliable, and nationally
norm-referenced assessment instruments used by colleges and
universities as part of their undergraduate admissions processes;
[or]
(B) the assessment instrument designated by the
Texas Higher Education Coordinating Board under Section 51.334; or
(C) a nationally recognized career readiness
assessment instrument that measures foundational workforce skills
approved by commissioner rule.
SECTION 6.12. Section 45.105(c), Education Code, is amended
to read as follows:
(c) Local school funds from district taxes, tuition fees of
students not entitled to a free education, other local sources, and
state funds not designated for a specific purpose may be used for
the purposes listed for state and county available funds and for
purchasing appliances and supplies, paying insurance premiums,
paying janitors and other employees, buying school sites, buying,
building, repairing, and renting school buildings, including
acquiring school buildings and sites by leasing through annual
payments with an ultimate option to purchase, providing advising
support as described by Section 48.0035(1), and educating students
as described by Section 48.0035(2), and, except as provided by
Subsection (c-1), for other purposes necessary in the conduct of
the public schools determined by the board of trustees. The
accounts and vouchers for county districts must be approved by the
county superintendent. If the state available school fund in any
municipality or district is sufficient to maintain the schools in
any year for at least eight months and leave a surplus, the surplus
may be spent for the purposes listed in this subsection.
SECTION 6.13. Section 48.003(a), Education Code, is amended
to read as follows:
(a) A student is entitled to the benefits of the Foundation
School Program if, on September 1 of the school year, the student:
(1) is 5 years of age or older and under 21 years of age
and:
(A) has not graduated from high school; or
(B) has graduated from high school but is:
(i) enrolled in a school district at a
campus designated as a P-TECH school under Section 29.556 or in a
school district participating in a partnership under Section
29.912; and
(ii) completing a course of study offered
through an articulation agreement or memorandum of understanding
with an institution of higher education, as defined by Section
61.003, and the district described by Subparagraph (i), as
applicable, under the Pathways in Technology Early College High
School (P-TECH) program under Subchapter N, Chapter 29, and the
Rural Pathway Excellence Partnership (R-PEP) program under Section
29.912, regardless of whether the student is enrolled in the
district providing the course of study;
(2) [, or] is at least 21 years of age and under 26
years of age and has been admitted by a school district to complete
the requirements for a high school diploma; or
(3) [(2)] is at least 18 years of age and under 50
years of age and is enrolled in an adult education program provided
under the adult high school charter school program under Subchapter
G, Chapter 12.
SECTION 6.14. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.0035 to read as follows:
Sec. 48.0035. USE OF FUNDING FOR CERTAIN PURPOSES. A school
district may use funding to which the district is entitled under
this chapter to:
(1) provide district graduates, during the first two
years after high school graduation, advising support toward the
successful completion of a certificate or degree program at a
public institution of higher education or a postsecondary
vocational training program; and
(2) educate a student who has graduated from high
school but is enrolled in the district in a program through which
the student may earn dual credit, including the Pathways in
Technology Early College High School (P-TECH) program under
Subchapter N, Chapter 29, and the Rural Pathway Excellence
Partnership (R-PEP) program under Section 29.912.
SECTION 6.15. Section 48.106(a-1), Education Code, is
amended to read as follows:
(a-1) In addition to the amounts under Subsection (a), [for
each student in average daily attendance,] a district is entitled
to $150 [$50] for each [of the following in which the] student in
average daily attendance who [is enrolled]:
(1) is enrolled in a campus designated as a P-TECH
school under Section 29.556; or
(2) completes a course of study offered under the
Pathways in Technology Early College High School (P-TECH) program
under Subchapter N, Chapter 29, or the Rural Pathway Excellence
Partnership (R-PEP) program under Section 29.912, regardless of
whether the student is enrolled in the district that provides the
course of study [a campus that is a member of the New Tech Network
and that focuses on project-based learning and work-based
education].
SECTION 6.16. Sections 48.106(b)(1) and (1-a), Education
Code, are amended to read as follows:
(1) "Approved career and technology education
program":
(A) means:
(i) a sequence of career and technology
education courses, including technology applications courses,
authorized by the State Board of Education; and
(ii) courses offered under a Junior Reserve
Officers' Training Corps program established under 10 U.S.C.
Section 2031; and
(B) includes only courses that qualify for high
school credit.
(1-a) "Approved program of study" means a course
sequence that:
(A) provides students with the knowledge and
skills necessary for success in the students' chosen careers,
including the military; and
(B) is approved by the agency for purposes of the
Strengthening Career and Technical Education for the 21st Century
Act (Pub. L. No. 115-224).
SECTION 6.17. Section 48.118, Education Code, is amended by
adding Subsection (a-3) and amending Subsection (f) to read as
follows:
(a-3) Notwithstanding Subsection (a), a school district
described by Section 29.912(c-1) may receive funding under this
section for up to 110 percent of the number of students who
qualified under Subsection (a) for the school year immediately
preceding the school year in which the district's enrollment first
reached 1,600 or more.
(f) The total amount of state funding for allotments and
outcomes bonuses under this section may not exceed $20 [$5] million
per year. If the total amount of allotments and outcomes bonuses to
which school districts are entitled under this section exceeds the
amount permitted under this subsection, the agency shall allocate
state funding to districts under this section in the following
order:
(1) [allotments under Subsection (a) for which school
districts participating in partnerships prioritized under Section
29.912(h) are eligible;
[(2)] allotments under Subsection (a) for which school
districts that entered into a memorandum of understanding or letter
of commitment regarding a multidistrict pathway partnership, as
defined by commissioner rule, before May 1, 2023, are eligible;
(2) [(3)] allotments under Subsection (a) for which
school districts that have entered into a performance agreement
under Section 29.912 with a coordinating entity that is an
institution of higher education, as defined by Section 61.003, are
eligible;
(3) [(4)] allotments under Subsection (a) for which
school districts with the highest percentage of students who are
educationally disadvantaged, in descending order, are eligible;
and
(4) [(5)] outcomes bonuses under Subsection (c) for
which school districts with the highest percentage of students who
are educationally disadvantaged, in descending order, are
eligible.
SECTION 6.18. Section 48.152(a)(2), Education Code, is
amended to read as follows:
(2) "New instructional facility" includes:
(A) a newly constructed instructional facility;
(B) a repurposed instructional facility; [and]
(C) a leased facility operating for the first
time as an instructional facility with a minimum lease term of not
less than 10 years; and
(D) a renovated portion of an instructional
facility to be used for the first time to provide high-cost and
undersubscribed career and technology education programs, as
determined by the commissioner.
SECTION 6.19. Section 48.152(f), Education Code, is amended
to read as follows:
(f) The amount appropriated for allotments under this
section may not exceed $150 [$100] million in a school year. If the
total amount of allotments to which districts are entitled under
this section for a school year exceeds the amount appropriated
under this subsection, the commissioner:
(1) shall reduce each district's allotment under this
section in the manner provided by Section 48.266(f); and
(2) for new instructional facilities described by
Subsection (a)(2)(D), may remove a career and technology education
program from the list of programs that qualify under that
subsection.
SECTION 6.20. The heading to Section 48.155, Education
Code, is amended to read as follows:
Sec. 48.155. COLLEGE PREPARATION AND CAREER READINESS
ASSESSMENT REIMBURSEMENT.
SECTION 6.21. Section 48.156, Education Code, is amended to
read as follows:
Sec. 48.156. CERTIFICATION EXAMINATION REIMBURSEMENT. (a)
A school district is entitled to reimbursement for the amount of a
subsidy paid by the district for not more than two [a student's]
certification examinations per student [examination] under Section
29.190(a), including costs paid for associated fingerprinting or
criminal history record information review, as provided by Section
29.190(c).
(b) Notwithstanding Subsection (a), the total amount that
may be used for reimbursement under that subsection for a school
year may not exceed $20 million, of which not more than $500,000 may
be used to reimburse the costs of fingerprinting or criminal
history record information review. If the total amount to which
school districts are entitled under Subsection (a) exceeds the
amount permitted under this subsection, the commissioner shall
proportionately reduce each school district's entitlement under
this section.
SECTION 6.22. (a) This section takes effect only if S.B.
1786, 89th Legislature, Regular Session, 2025, becomes law.
(b) Section 204.0025, Labor Code, is amended to read as
follows:
Sec. 204.0025. ADDITIONAL WORKFORCE DATA REPORTING. The
commission shall [It is the intent of the legislature that the
commission, subject to the availability of federal funding or other
resources for the purpose,] work with employers to enhance the
reporting of employment and earnings data by employers to the
commission as part of an employer's routine wage filings under this
subtitle or commission rule and consistent with federal law and
regulations. The enhanced wage filings must include information
related to wage, industry, occupational field, full-time and
part-time status, county of primary employment, remote work status,
[occupation] and other important employment information necessary
to conduct the assessment required under Section 302.0205 [that
would improve the state's labor market information].
SECTION 6.23. (a) This section takes effect only if S.B.
1786, 89th Legislature, Regular Session, 2025, does not become law.
(b) Section 204.0025, Labor Code, is amended to read as
follows:
Sec. 204.0025. ADDITIONAL WORKFORCE DATA REPORTING. The
commission shall [It is the intent of the legislature that the
commission, subject to the availability of federal funding or other
resources for the purpose,] work with employers to enhance the
reporting of employment and earnings data by employers to the
commission as part of an employer's routine wage filings under this
subtitle or commission rule and consistent with federal law and
regulations. The enhanced wage filings must include information
related to wage, industry, occupational field, full-time and
part-time status, county of primary employment, remote work status,
[occupation] and other important employment information that would
improve the state's labor market information.
SECTION 6.24. The heading to Section 312.003, Labor Code,
is amended to read as follows:
Sec. 312.003. INVENTORY OF CERTIFICATIONS [CREDENTIALS AND
CERTIFICATES].
SECTION 6.25. Sections 312.003(a), (b), (c), and (d), Labor
Code, are amended to read as follows:
(a) The advisory council shall develop an inventory of
industry-recognized certifications [credentials and certificates]
that may be earned by a public high school student through a career
and technology education program and that:
(1) are aligned to state and regional workforce needs;
and
(2) serve as an entry point to middle- and high-wage
jobs.
(b) The inventory must include for each certification
[credential or certificate]:
(1) the associated career cluster;
(2) the awarding entity;
(3) the level of education required and any additional
requirements for the certification [credential or certificate];
(4) any fees for obtaining the certification
[credential or certificate]; and
(5) the average wage or salary for jobs that require or
prefer the certification [credential or certificate].
(c) In developing the inventory, the advisory council may
consult with local workforce boards, the Texas Workforce Investment
Council, the Texas Economic Development and Tourism Office, the
Texas Education Agency, and the Texas Higher Education Coordinating
Board.
(d) The advisory council shall establish a process for
developing the inventory, including the criteria for the inclusion
of a certification [credential or certificate] in the inventory.
SECTION 6.26. Section 29.912(h), Education Code, is
repealed.
SECTION 6.27. The Texas Education Agency shall first update
the statewide goal for career readiness created under Section
7.043(a), Education Code, as added by this article, in accordance
with Subsection (b) of that section not later than the 2028-2029
school year.
SECTION 6.28. Section 28.0095(c-1), Education Code, as
added by this article, and Sections 29.190, 29.912, 33.007(b), and
39.0261(a), Education Code, as amended by this article, apply
beginning with the 2025-2026 school year.
SECTION 6.29. (a) Except as provided by Subsection (b) of
this section and as otherwise provided by this article, this
article takes effect immediately if this Act 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 article takes
effect September 1, 2025.
(b) The amendments by this article to Chapter 48, Education
Code, take effect September 1, 2025.
ARTICLE 7. CHANGES RELATED TO PUBLIC EDUCATION AND PUBLIC SCHOOL
FINANCE
SECTION 7.01. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.0611 to read as follows:
Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section,
"instructional facility" has the meaning assigned by Section
46.001.
(b) The agency by rule shall require each school district to
annually report the following information in the form and manner
prescribed by the agency:
(1) the square footage of each school district
facility and the acreage of land on which each facility sits;
(2) the total student capacity for each instructional
facility on a district campus;
(3) for each campus in the school district:
(A) the enrollment capacity of the campus and of
each grade level offered at the campus; and
(B) the number of students currently enrolled at
the campus and in each grade level offered at the campus;
(4) whether a school district facility is used by one
or more campuses and the campus identifier of each campus that uses
the facility;
(5) what each school district facility is used for,
including:
(A) an instructional facility;
(B) a career and technology center;
(C) an administrative building;
(D) a food service facility;
(E) a transportation facility; and
(F) vacant land; and
(6) whether each school district facility is leased or
owned.
(c) From the information submitted under Subsection (b),
the agency shall produce and make available to the public on the
agency's Internet website an annual report on school district land
and facilities. The agency may combine the report required under
this section with any other required report to avoid multiplicity
of reports.
(d) If the agency determines information provided under
Subsection (b) would create a security risk, such information is
considered confidential for purposes of Chapter 552, Government
Code, and may not be disclosed in the annual report under Subsection
(c).
(e) The commissioner may adopt rules as necessary to
implement this section. In adopting rules for determining the
student capacity of a school district or district campus, the
commissioner may consider the staffing, student-teacher ratio, and
facility capacity of the district or campus.
SECTION 7.02. Section 12.106, Education Code, is amended by
amending Subsections (a), (a-2), (d), (e), and (f) and adding
Subsections (e-1), (e-2), and (f-1) to read as follows:
(a) A charter holder is entitled to receive for the
open-enrollment charter school funding under Chapter 48 equal to
the amount of funding per student in weighted average daily
attendance to which the charter holder would be entitled for the
school under that chapter if the school were a school district
without a tier one local share for purposes of Section 48.266,
excluding:
(1) the adjustment under Section 48.052;
(2) [,] the funding under Sections 48.101 and [,
48.110,] 48.111; [, and 48.112,] and
(3) enrichment funding under Section 48.202(a) [, to
which the charter holder would be entitled for the school under
Chapter 48 if the school were a school district without a tier one
local share for purposes of Section 48.266].
(a-2) In addition to the funding provided by Subsection (a),
a charter holder is entitled to receive for the open-enrollment
charter school an allotment per student in average daily attendance
in an amount equal to the difference between:
(1) the product of:
(A) the quotient of:
(i) the total amount of funding provided to
eligible school districts under Section 48.101(b) or (c); and
(ii) the total number of students in
average daily attendance in school districts that receive an
allotment under Section 48.101(b) or (c); and
(B) the sum of one and the quotient of:
(i) the total number of students in average
daily attendance in school districts that receive an allotment
under Section 48.101(b) or (c); and
(ii) the total number of students in
average daily attendance in school districts statewide; and
(2) $300 [$125].
(d) Subject to Subsections [Subsection] (e) and (e-2), in
addition to other amounts provided by this section, a charter
holder is entitled to receive, for the open-enrollment charter
school, an annual allotment [funding] per student in average daily
attendance [in an amount] equal to [the guaranteed level of state
and local funds per student per cent of tax effort under Section
46.032(a) multiplied by] the lesser of:
(1) the state average interest and sinking fund tax
rate imposed by school districts for the current year multiplied by
the guaranteed level of state and local funds per student per cent
of tax effort under Section 46.032(a); or
(2) the maximum amount of the basic allotment provided
under Section 48.051 for the applicable school year multiplied by
0.06 [a rate that would result in a total amount to which charter
schools are entitled under this subsection for the current year
equal to $60 million].
(e) Subject to Subsection (e-1), a [A] charter holder is not
entitled to receive funding under Subsection (d) for an
open-enrollment charter school [only] if the school has been
assigned:
(1) an unacceptable [most recent overall] performance
rating [assigned to the open-enrollment charter school] under
Subchapter C, Chapter 39, for the two preceding school years;
(2) a financial accountability performance rating
under Subchapter D, Chapter 39, indicating a financial performance
lower than satisfactory for the two preceding school years; or
(3) any combination of the ratings described by
Subdivisions (1) and (2) for the two preceding school years
[reflects at least acceptable performance].
(e-1) Subsection (e) [This subsection] does not apply to a
charter holder:
(1) during the first two years of the applicable
open-enrollment charter school's operation; or
(2) that operates a school program located at a day
treatment facility, residential treatment facility, psychiatric
hospital, or medical hospital.
(e-2) A charter holder is entitled to receive funding under
Subsection (d) for an open-enrollment charter school only if the
governing body of the school annually certifies in writing to the
agency that none of the following derives any financial benefit
from a real estate transaction with the school:
(1) an administrator, officer, or employee of the
school;
(2) a member of the governing body of the school or its
charter holder; or
(3) a person related within the third degree by
consanguinity or second degree by affinity, as determined under
Chapter 573, Government Code, to a person described by Subdivision
(1) or (2).
(f) Funds received by a charter holder under Subsection (d):
(1) notwithstanding any other law, may not be used to
pay a salary, bonus, stipend, or any other form of compensation to a
school superintendent or administrator serving as educational
leader and chief executive officer of the school; and
(2) may only be used:
(A) [(1)] to lease an instructional facility;
(B) [(2)] to pay property taxes imposed on an
instructional facility;
(C) [(3)] to pay debt service on bonds issued for
a purpose for which a school district is authorized to issue bonds
under Section 45.001(a)(1) or to pay for a purchase for which a
school district is authorized to issue bonds under that section [to
finance an instructional facility]; or
(D) [(4)] for any other purpose related to the
purchase, lease, sale, acquisition, or maintenance of an
instructional facility.
(f-1) The governing body of an open-enrollment charter
school must comply with Chapter 551, Government Code, when
considering the issuance of bonds.
SECTION 7.03. Section 28.0211, Education Code, is amended
by adding Subsections (a-15) and (a-16) to read as follows:
(a-15) The agency shall approve high-impact tutoring
providers for purposes of providing accelerated or supplemental
instruction under this section. In approving a provider, the
agency shall consider the requirements under Subsection (a-4).
(a-16) In contracting with a high-impact tutoring provider
approved by the agency under Subsection (a-15), a school district
may use an outcomes-based contract. The agency may approve an
instrument necessary to collect, manage, and analyze student
outcomes at scale for those providers.
SECTION 7.04. Section 29.054, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Section 29.066(c), the agency may
require, for purposes of implementing Section 48.105, a school
district that is granted an exception under this section to:
(1) include in the district's Public Education
Information Management System (PEIMS) report additional
information specified by the agency and relating to the alternative
language education methods used by the district; and
(2) classify the alternative language education
methods used by the district under the Public Education Information
Management System (PEIMS) report as specified by the agency.
SECTION 7.05. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.940 to read as follows:
Sec. 29.940. FEDERAL GRANT ADMINISTRATION. For a federal
grant program under which the agency oversees and administers
services to nonpublic schools, the agency shall follow federal
disposition rules and procedures to dispose of equipment or
supplies that are unused or no longer needed and were previously
allocated to nonpublic schools participating in the grant program.
SECTION 7.06. Section 37.0021(d), Education Code, is
amended to read as follows:
(d) Subject to Subsection (j), the commissioner by rule
shall adopt procedures for the use of restraint and time-out by a
school district employee or volunteer or an independent contractor
of a district in the case of a student with a disability receiving
special education services under Subchapter A, Chapter 29. A
procedure adopted under this subsection must:
(1) be consistent with:
(A) professionally accepted practices and
standards of student discipline and techniques for behavior
management; and
(B) relevant health and safety standards;
(2) establish crisis prevention and intervention
training requirements for school district personnel, including:
(A) standards for determining which personnel,
including support staff and law enforcement, should receive the
training and the amount of training each of those individuals
should receive, prioritizing the amount of training and training
that includes physical interventions based on the individual's risk
of being involved in a student-involved crisis situation;
(B) recommendations for the minimum frequency of
crisis prevention and intervention training as included in the
continuing education and training clearinghouse published under
Section 21.4514; and
(C) provisions allowing for any training
required under this subsection to be combined with or substituted
for other related required training if a majority of the content in
the related training addresses content in the training required
under this subsection, including:
(i) trauma-informed care training required
under Section 38.036; and
(ii) training on strategies for
establishing and maintaining positive relationships among
students, including conflict resolution, required under Section
21.451(d)(3)(B) [identify any discipline management practice or
behavior management technique that requires a district employee or
volunteer or an independent contractor of a district to be trained
before using that practice or technique]; and
(3) require a school district to:
(A) provide written notification to the
student's parent or person standing in parental relation to the
student for each use of restraint that includes:
(i) the name of the student;
(ii) the name of the district employee or
volunteer or independent contractor of the district who
administered the restraint;
(iii) the date of the restraint;
(iv) the time that the restraint started
and ended;
(v) the location of the restraint;
(vi) the nature of the restraint;
(vii) a description of the activity in
which the student was engaged immediately preceding the use of the
restraint;
(viii) the behavior of the student that
prompted the restraint;
(ix) any efforts made to de-escalate the
situation and any alternatives to restraint that were attempted;
(x) if the student has a behavior
improvement plan or a behavioral intervention plan, whether the
plan may need to be revised as a result of the behavior that led to
the restraint; and
(xi) if the student does not have a behavior
improvement plan or a behavioral intervention plan, information on
the procedure for the student's parent or person standing in
parental relation to the student to request an admission, review,
and dismissal committee meeting to discuss the possibility of
conducting a functional behavioral assessment of the student and
developing a plan for the student;
(B) include in a student's special education
eligibility school records:
(i) a copy of the written notification
provided to the student's parent or person standing in parental
relation to the student under Paragraph (A);
(ii) information on the method by which the
written notification was sent to the parent or person; and
(iii) the contact information for the
parent or person to whom the district sent the notification; and
(C) if the student has a behavior improvement
plan or behavioral intervention plan, document each use of time-out
prompted by a behavior of the student specified in the student's
plan, including a description of the behavior that prompted the
time-out.
SECTION 7.07. Section 37.108(b-1), Education Code, is
amended to read as follows:
(b-1) In a school district's safety and security audit
required under Subsection (b), the district must certify that the
district used the funds provided to the district through the school
safety allotment under Section 48.160 [48.115] only for the
purposes provided by that section.
SECTION 7.08. Section 37.117(c), Education Code, as added
by Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular
Session, 2023, is amended to read as follows:
(c) To comply with this section, a school district or
open-enrollment charter school may:
(1) use funds provided to the district or school
through the school safety allotment under Section 48.160 [48.115]
or other available funds; and
(2) use the district's or school's customary
procurement process.
SECTION 7.09. Section 37.354(a), Education Code, is amended
to read as follows:
(a) The commissioner may authorize a school district to use
money provided to the district for the purpose of improving school
safety and security, including the school safety allotment under
Section 48.160 [48.115] or any other funding or grant money
available to the district for that purpose, to comply with the
requirements of this subchapter.
SECTION 7.10. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.011 to read as follows:
Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED
CONSEQUENCES. (a) Subject to Subsection (b), the commissioner
may, as necessary to implement changes made by the legislature to
public school finance, including under this chapter or Chapter 45,
46, or 49, and school district ad valorem taxes:
(1) adjust a school district's entitlement if the
funding formulas used to determine the district's entitlement
result in an unanticipated loss, gain, or other result for a school
district; and
(2) modify dates relating to the adoption of a school
district's maintenance and operations tax rate and, if applicable,
an election required for the district to adopt that tax rate.
(b) Before making an adjustment under Subsection (a), the
commissioner shall notify and must receive approval from the
Legislative Budget Board and the office of the governor.
(c) If the commissioner makes an adjustment under
Subsection (a), the commissioner must provide to the legislature an
explanation regarding the changes necessary to resolve the
unintended consequences.
(d) This section expires September 1, 2027.
SECTION 7.11. Subchapter A, Chapter 48, Education Code, is
amended by adding Section 48.014 to read as follows:
Sec. 48.014. NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE
FOR INVALID PROPERTY VALUES. (a) This section applies only to a
school district located in an appraisal district in which the
comptroller has certified the preliminary findings of the school
district property value study under Section 403.302(g), Government
Code, and determined that a school district located in the
appraisal district has an invalid local value, regardless of
whether the district meets the definition of an eligible school
district under Section 403.3011, Government Code.
(b) For each school district to which this section applies
and as soon as practicable after the comptroller has certified the
preliminary findings of the school district property value study
under Section 403.302(g), Government Code, the commissioner shall
provide notice to the board of trustees of the district that
includes information regarding the impact or possible impact of a
final certification of an invalid local value on the district's
finances, including:
(1) an estimate of the effect on the district's
finances; and
(2) any right of recourse available to the district.
(c) Each school district shall annually report to the agency
contact information for the members of the district's board of
trustees for purposes of receiving the notice under this section.
(d) The commissioner shall coordinate with the comptroller
to provide copies of the notice under this section to the board of
directors of each applicable appraisal district.
SECTION 7.12. Section 48.051(a), Education Code, is amended
to read as follows:
(a) For each student in average daily attendance, not
including the time students spend each day in career and technology
education programs or in special education programs in a setting
[an instructional arrangement] other than a general education
setting [mainstream or career and technology education programs],
for which an additional allotment is made under Subchapter C, a
school district is entitled to an allotment equal to the lesser of
the amounts that result from the following formulas:
(1) A = $6,160 + GYIA; or [the amount that results from
the following formula:]
(2) A = ($6,160 + GYIA) X TR/MCR
where:
"A" is the allotment to which a district is entitled;
"GYIA" is the guaranteed yield increment adjustment
determined under Section 48.2561;
"TR" is the district's tier one maintenance and operations
tax rate, as provided by Section 45.0032; and
"MCR" is the district's maximum compressed tax rate, as
determined under Section 48.2551.
SECTION 7.13. Section 48.101, Education Code, is amended to
read as follows:
Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
Small and mid-sized districts are entitled to an annual allotment
in accordance with this section. In this section:
(1) "AA" is the district's annual allotment per
student in average daily attendance;
(2) "ADA" is the number of students in average daily
attendance for which the district is entitled to an allotment under
Section 48.051, other than students in average daily attendance who
do not reside in the district and are enrolled in a full-time
virtual program; and
(3) "BA" is the basic allotment determined under
Section 48.051.
(b) A school district that has fewer than 1,600 students in
average daily attendance is entitled to an annual allotment for
each student in average daily attendance based on the following
formula:
AA = ((1,600 - ADA) X .00046 [.0004]) X BA
(c) A school district that offers a kindergarten through
grade 12 program and has less than 5,000 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the formula, of the following
formulas, that results in the greatest annual allotment:
(1) the formula in Subsection (b), if the district is
eligible for that formula; or
(2) AA = ((5,000 - ADA) X .00003 [.000025]) X BA.
(d) Instead of the allotment under Subsection (b) or (c)(1),
a school district that has fewer than 300 students in average daily
attendance and is the only school district located in and operating
in a county is entitled to an annual allotment for each student in
average daily attendance based on the following formula:
AA = ((1,600 - ADA) X .0005 [.00047]) X BA
SECTION 7.14. Section 48.105, Education Code, is amended by
adding Subsections (a-1) and (a-2) and amending Subsection (b) to
read as follows:
(a-1) The agency shall review school districts that offer
alternative language education methods approved by the agency under
Section 29.054(d) and approve districts to receive the allotment
under Subsection (a-2) for that biennium in a manner that provides
not more than $10 million total under the allotment to school
districts in each biennium. In approving school districts to
receive the allotment under this subsection, the agency shall, to
the extent possible, approve eligible school districts from a
cross-section of this state.
(a-2) For each student in average daily attendance in an
alternative language education method approved by the agency under
Section 29.054(d), and offered by a school district approved to
receive the allotment under Subsection (a-1), the district is
entitled to an annual allotment equal to the basic allotment
multiplied by:
(1) 0.15 for an emergent bilingual student, as defined
by Section 29.052, if the student is in an alternative language
education method using a dual language immersion/one-way or two-way
program model; and
(2) 0.05 for a student not described by Subdivision
(1), if the student is in an alternative language education method
using a dual language immersion/one-way or two-way program model.
(b) At least 55 percent of the funds allocated under this
section must be used in providing bilingual education or special
language programs under Subchapter B, Chapter 29. A district's
bilingual education or special language allocation may be used only
for program and student evaluation, instructional materials and
equipment, staff development, supplemental staff expenses, teacher
salaries [salary supplements for teachers], incremental costs
associated with providing smaller class sizes, and other supplies
required for quality instruction.
SECTION 7.15. Section 48.115, Education Code, is
transferred to Subchapter D, Chapter 48, Education Code,
redesignated as Section 48.160, Education Code, and amended to read
as follows:
Sec. 48.160 [48.115]. SCHOOL SAFETY ALLOTMENT. (a)
Except as provided by Subsection (a-1), a school district is
entitled to an annual allotment equal to the sum of the following
amounts or a greater amount provided by appropriation:
(1) $20 [$10] for each student in average daily
attendance, plus $1 for each student in average daily attendance
per every $50 by which the district's maximum basic allotment under
Section 48.051 exceeds $6,160, prorated as necessary; and
(2) $33,540 [$15,000] per campus.
(a-1) A school district campus that provides only virtual
instruction or utilizes only facilities not subject to the
district's control is not included for purposes of determining a
school district's allotment under Subsection (a).
(b) Funds allocated under this section must be used to
improve school safety and security, including costs associated
with:
(1) securing school facilities in accordance with the
requirements of Section 37.351, including:
(A) improvements to school infrastructure;
(B) the use or installation of perimeter security
fencing conducive to a public school learning environment or
physical barriers, which may not include razor wire;
(C) exterior door and window safety and security
upgrades, including exterior door numbering and locking systems and
security film that provides resistance to a forced entry; and
(D) the purchase and maintenance of:
(i) security cameras and, if the district
has already installed security cameras, other security equipment,
including video surveillance as provided by Section 29.022; and
(ii) technology, including communications
systems or devices, such as silent panic alert devices, two-way
radios, or wireless Internet booster equipment, that facilitates
communication and information sharing between students, school
personnel, and first responders in an emergency;
(2) providing security for the district, including:
(A) employing school district peace officers,
private security officers, and school marshals; and
(B) collaborating with local law enforcement
agencies, such as entering into a memorandum of understanding for
the assignment of school resource officers to schools in the
district;
(3) school safety and security measures, including:
(A) active shooter and emergency response
training;
(B) prevention and treatment programs relating
to addressing adverse childhood experiences; and
(C) the prevention, identification, and
management of emergencies and threats, using evidence-based,
effective prevention practices and including:
(i) providing licensed counselors, social
workers, chaplains, and individuals trained in restorative
discipline and restorative justice practices;
(ii) providing mental health personnel and
support, including chaplains;
(iii) providing behavioral health
services, including services provided by chaplains;
(iv) establishing threat reporting
systems; and
(v) developing and implementing programs
focused on restorative justice practices, culturally relevant
instruction, and providing mental health support, including
support provided by chaplains;
(4) providing programs related to suicide prevention,
intervention, and postvention, including programs provided by
chaplains; and
(5) employing a school safety director and other
personnel to manage and monitor school safety initiatives and the
implementation of school safety requirements for the district.
(b-1) The agency may designate certain technologies that a
school district, in using funds allocated under this section, may
purchase only from a vendor approved by the agency.
(b-2) If the agency, in coordination with the Texas School
Safety Center, determines that entering into a statewide contract
with a vendor for the provision of a technology designated under
Subsection (b-1) would result in cost savings to school districts,
the agency may, after receiving approval from the Legislative
Budget Board and office of the governor, enter into a contract with
a vendor to provide the technology to each district that uses funds
allocated under this section to purchase that technology.
(c) A school district may use funds allocated under this
section for equipment or software that is used for a school safety
and security purpose and an instructional purpose, provided that
the instructional use does not compromise the safety and security
purpose of the equipment or software.
(c-1) The agency, or if designated by the agency, the Texas
School Safety Center, shall establish and publish a directory of
approved vendors of school safety technology and equipment a school
district may select from when using funds allocated under this
section. If a school district uses funds allocated under this
section to purchase technology or equipment from a vendor that is
not included in the directory, the district must solicit bids from
at least three vendors before completing the purchase.
(d) The commissioner shall annually publish a report
regarding funds allocated under this section including the
programs, personnel, and resources purchased by districts using
funds under this section and other purposes for which the funds were
used.
(e) Notwithstanding any other law, a school district may use
funds allocated under this section to provide training to a person
authorized by the district to carry a firearm on a district campus.
SECTION 7.16. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.161 to read as follows:
Sec. 48.161. ALLOTMENT FOR BASIC COSTS. (a) A school
district is entitled to an annual allotment of $106 for each student
enrolled in the district.
(b) Money allocated under this section may be used only to
pay costs associated with:
(1) transportation;
(2) hiring retired teachers;
(3) providing health insurance and employee benefits
and paying for payroll taxes;
(4) contributions and other costs under Subchapter E,
Chapter 825, Government Code;
(5) utilities; and
(6) property and casualty insurance.
SECTION 7.17. Section 48.202, Education Code, is amended by
amending Subsection (a-1) and adding Subsection (e-2) to read as
follows:
(a-1) For purposes of Subsection (a), the dollar amount
guaranteed level of state and local funds per weighted student per
cent of tax effort ("GL") for a school district is:
(1) [the greater of the amount of district tax revenue
per weighted student per cent of tax effort available to a school
district at the 96th percentile of wealth per weighted student or]
the amount that results from multiplying the maximum amount of the
basic allotment provided under Section 48.051 for the applicable
school year [6,160, or the greater amount provided under Section
48.051(b), if applicable,] by 0.02084 [0.016], for the first eight
cents by which the district's maintenance and operations tax rate
exceeds the district's tier one tax rate; and
(2) [subject to Subsection (f),] the amount that
results from multiplying the maximum amount of the basic allotment
provided under Section 48.051 for the applicable school year
[$6,160, or the greater amount provided under Section 48.051(b), if
applicable,] by 0.008, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (1).
(e-2) For purposes of this section, the total amount of
maintenance and operations taxes collected by a school district not
required to reduce its local revenue level under Section 48.257
includes the amount of tax revenue received from a county-wide
equalization tax.
SECTION 7.18. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.2561 to read as follows:
Sec. 48.2561. GUARANTEED YIELD INCREMENT ADJUSTMENT. (a)
Not later than October 1 of each even-numbered year, for the
subsequent state fiscal biennium, the agency shall determine the
amount of the guaranteed yield increment adjustment for each state
fiscal year of the biennium. The amount of the guaranteed yield
increment adjustment is the difference between:
(1) the estimated cost to the state of maintaining the
guaranteed level of state and local funds per weighted student per
cent of tax effort under Section 48.202(a-1)(1) at the 96th
percentile of wealth per weighted student for each year of the
biennium; and
(2) the state cost of maintaining the guaranteed level
of state and local funds per weighted student per cent of tax effort
at the amount provided by Section 48.202(a-1)(1).
(b) Notwithstanding Subsection (a), the amount of the
guaranteed yield increment adjustment for each state fiscal year of
the state fiscal biennium beginning September 1, 2025, is $55. This
subsection expires September 1, 2027.
SECTION 7.19. Section 48.266, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by this subsection and subject to
Subsection (b-1), the commissioner shall base the determinations
under Subsection (a) on the estimates provided to the legislature
under Section 48.269, or, if the General Appropriations Act
provides estimates for that purpose, on the estimates provided
under that Act, for each school district for each school year. The
commissioner shall reduce the entitlement of each district that has
a final taxable value of property for the second year of a state
fiscal biennium that is higher than the estimate under Section
48.269 or the General Appropriations Act, as applicable. A
reduction under this subsection may not reduce the district's
entitlement below the amount to which it is entitled at its actual
taxable value of property.
(b-1) Periodically throughout the school year, the
commissioner shall adjust the determinations made under Subsection
(a) to reflect current school year estimates of a district's
enrollment and average daily attendance, based on attendance
reporting for each six-week interval.
SECTION 7.20. Section 48.283, Education Code, is amended to
read as follows:
Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS
IMPACTED BY COMPRESSION. A school district that received an
adjustment under Section 48.257(b) as that subsection existed on
September 1, 2024, for the 2022-2023 school year is entitled to
additional state aid [for each school year] in an amount equal to
[the amount of that adjustment for the 2022-2023 school year less]
the difference, if the difference is greater than zero, between:
(1) [the amount to which the district is entitled
under this chapter for the current school year; and
[(2)] the amount of state and local revenue that would
have been available to [which] the district [would be entitled]
under this chapter and Chapter 49 for the current school year if the
district's maximum compressed tax rate had not been reduced under
Section 48.2555, as added by S.B. 2, Acts of the 88th Legislature,
2nd Called Session, 2023; and
(2) the amount of state and local revenue available to
the district under this chapter and Chapter 49 for the current
school year.
SECTION 7.21. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.284 to read as follows:
Sec. 48.284. ADDITIONAL STATE AID FOR REGIONAL INSURANCE
COST DIFFERENTIALS. (a) In this section, "catastrophe area" and
"first tier coastal county" have the meanings assigned by Section
2210.003, Insurance Code.
(b) This section applies to a school district or
open-enrollment charter school that has the following property
located in a first tier coastal county or an area designated in 2024
as a catastrophe area:
(1) the central administrative office of the district
or school; and
(2) a majority of campuses of the district or school.
(c) A school district or open-enrollment charter school to
which this section applies is entitled to additional state aid for
each student in adjusted average daily attendance in an amount
equal to 80 percent of the difference between, for the 2023-2024
school year, or a different school year specified by appropriation:
(1) the total amount paid for property and casualty
insurance by districts and schools in the county or catastrophe
area described by Subsection (b) in which the district's or school's
property is located divided by the total number of students in
average daily attendance for all districts and schools in the
county or catastrophe area; and
(2) the total amount paid for property and casualty
insurance by districts and schools in the state divided by the total
number of students in average daily attendance in the state.
(d) For purposes of Subsection (c), the average daily
attendance of a school district that qualifies for, or an
open-enrollment charter school that if the school were a school
district would qualify for, an allotment under Section 48.101 is
the district's or school's average daily attendance multiplied by
the sum of one and:
(1) for a school district, the district's annual
allotment per student in average daily attendance under that
section divided by the basic allotment; or
(2) for an open-enrollment charter school, the
school's allotment determined per student in average daily
attendance under Section 12.106(a-2) divided by the basic
allotment.
SECTION 7.22. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.285 to read as follows:
Sec. 48.285. ADDITIONAL STATE AID TO ENSURE FUNDING OF
RETENTION ALLOTMENTS. (a) For the 2025-2026 and 2026-2027 school
years, a school district is entitled to additional state aid each
year equal to the amount, if the amount is greater than zero, that
the district is entitled to under Sections 48.158 and 48.1581 less
the amount that results from subtracting the amount of funding the
district was entitled to under this chapter and Chapter 49 as those
chapters existed on September 1, 2024, from the funding the
district is entitled to under this chapter and Chapter 49 for the
current year.
(b) This section expires September 1, 2028.
SECTION 7.23. Section 26.08(n), Tax Code, is amended to
read as follows:
(n) For purposes of this section, the voter-approval tax
rate of a school district is the sum of the following:
(1) the rate per $100 of taxable value that is equal to
the district's maximum compressed tax rate, as determined under
Section 48.2551, Education Code, for the current year;
(2) the greater of:
(A) the district's enrichment tax rate for the
preceding tax year [, less any amount by which the district is
required to reduce the district's enrichment tax rate under Section
48.202(f), Education Code, in the current tax year]; or
(B) the rate of $0.05 per $100 of taxable value;
and
(3) the district's current debt rate.
SECTION 7.24. The following provisions of the Education
Code are repealed:
(1) Sections 48.104(j-1), (k), (l), (m), (n), and (o);
and
(2) Section 48.202(f).
SECTION 7.25. To the extent of any conflict between the
changes made to the Education Code by this article and the changes
made to the Education Code by another Act of the 89th Legislature,
Regular Session, 2025, the changes made by this article prevail.
SECTION 7.26. This article takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2 was passed by the House on April 17,
2025, by the following vote: Yeas 142, Nays 5, 0 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2 on May 29, 2025, by the following vote: Yeas 122, Nays 13, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2 was passed by the Senate, with
amendments, on May 23, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor