Bill Text: TX SB2 | 2023 | 88th Legislature 3rd Special Session | Engrossed
Bill Title: Relating to a local optional teacher designation system implemented by a school district, a security officer employed by a school district, the basic allotment and guaranteed yield under the public school finance system, and certain allotments under the Foundation School Program; making an appropriation.
Spectrum: Moderate Partisan Bill (Republican 16-3)
Status: (Engrossed - Dead) 2023-10-13 - Received from the Senate [SB2 Detail]
Download: Texas-2023-SB2-Engrossed.html
By: Creighton, et al. | S.B. No. 2 |
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relating to a local optional teacher designation system implemented | ||
by a school district, a security officer employed by a school | ||
district, the basic allotment and guaranteed yield under the public | ||
school finance system, and certain allotments under the Foundation | ||
School Program; making an appropriation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 21.3521(a), (c), and (e), Education | ||
Code, are amended 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, [ |
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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), 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 | ||
[ |
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(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) establishing partnerships between districts and | ||
schools that request assistance and districts and schools that have | ||
implemented a teacher designation system; | ||
(4) applying the performance and validity standards | ||
established by the commissioner under Subsection (b); | ||
(5) providing centralized support for the analysis of | ||
the results of assessment instruments administered to district | ||
students; and | ||
(6) facilitating effective communication on and | ||
promotion of local optional teacher designation systems. | ||
SECTION 2. Subchapter H, Chapter 21, Education Code, is | ||
amended by adding Section 21.3522 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; | ||
(2) increase the number of classroom teachers eligible | ||
for a designation under that section; and | ||
(3) increase the salaries paid to classroom teachers | ||
employed by school districts or open-enrollment charter schools | ||
that have established or are seeking to establish a designation | ||
system 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. | ||
SECTION 3. 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 special education | ||
programs in an instructional arrangement other than mainstream or | ||
career and technology education programs, for which an additional | ||
allotment is made under Subchapter C, a district is entitled to an | ||
allotment equal to [ |
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from the following formula: | ||
A = B [ |
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where: | ||
"A" is the allotment to which a district is entitled; | ||
"B" is the base amount, which equals the greater of: | ||
(1) $6,235; | ||
(2) an amount equal to the district's base amount under | ||
this section for the preceding school year; or | ||
(3) the amount appropriated under Subsection (b); | ||
"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 4. Sections 48.112(c) and (d), Education Code, are | ||
amended 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 [ |
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master teacher; | ||
(2) $9,000 [ |
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exceed $25,000 [ |
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each exemplary teacher; [ |
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(3) $5,000 [ |
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exceed $15,000 [ |
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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 [ |
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(2) $4,000 [ |
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(3) $2,500 [ |
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(4) $1,500 for each: | ||
(A) acknowledged teacher; or | ||
(B) nationally board certified teacher. | ||
SECTION 5. Section 48.115(a), Education Code, is amended to | ||
read as follows: | ||
(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 [ |
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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 the greater of $6,235 or the amount equal to | ||
the district's base amount, as defined by Section 48.051(a), for | ||
the preceding school year [ |
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(2) $30,000 [ |
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SECTION 6. Section 48.202(a-1), Education Code, is amended | ||
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 [ |
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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 [ |
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0.008, for the district's maintenance and operations tax effort | ||
that exceeds the amount of tax effort described by Subdivision (1). | ||
SECTION 7. Sections 48.277(c-1), (d), and (e), Education | ||
Code, are amended to read as follows: | ||
(c-1) Notwithstanding any other provision of this chapter, | ||
beginning with the 2024-2025 [ |
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amount of allotments to which school districts and open-enrollment | ||
charter schools are entitled under this section for a school year | ||
exceeds $65 [ |
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reduce each district's or school's allotment under this | ||
section. The reduction in the amount to which a district or school | ||
is entitled under this section may not result in an amount that is | ||
less than zero. | ||
(d) A school district or open-enrollment charter school is | ||
not entitled to an allotment under Subsection (a) beginning with | ||
the 2025-2026 [ |
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(e) This section expires September 1, 2026 [ |
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SECTION 8. Subchapter G, Chapter 48, Education Code, is | ||
amended by adding Sections 48.310 and 48.311 to read as follows: | ||
Sec. 48.310. TEACHER RETENTION ALLOTMENT. (a) In this | ||
section, "classroom teacher" has the meaning assigned by Section | ||
5.001, except that the term also includes 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 | ||
that section. | ||
(b) A school district is entitled to an annual allotment for | ||
each classroom teacher employed by the district in the school year | ||
for which the allotment is provided as follows: | ||
(1) if the district has 5,000 or fewer students | ||
enrolled for that school year, $10,000 per classroom teacher; and | ||
(2) if the district has more than 5,000 students | ||
enrolled for that school year, $3,000 per classroom teacher. | ||
(b-1) In addition to the amount under Subsection (b)(2), a | ||
school district described by that subdivision is entitled to an | ||
allotment in the amount equal to $7,000 multiplied by the result of | ||
dividing 5,000 by 14.5 if the school district received an allotment | ||
in a previous school year under: | ||
(1) Subsection (b)(1); or | ||
(2) Section 48.311(b)(1), as that section existed on | ||
January 1, 2024. | ||
(c) For the 2024-2025 school year, a school district shall | ||
use money received under Subsection (b) to increase the salary | ||
provided to each classroom teacher in the district for that year | ||
over the salary the teacher received or would have received if | ||
employed by the district in the 2023-2024 school year by at least | ||
the amount received per classroom teacher under Subsection (b). | ||
(d) For the 2025-2026 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 employed by the district. | ||
(e) Notwithstanding any other law, the commissioner shall | ||
exclude the funding to which a school district is entitled under | ||
this section for purposes of: | ||
(1) determining the amount by which the district must | ||
reduce the district's tier one revenue level under Section 48.257; | ||
and | ||
(2) calculating a school district's maintenance and | ||
operations revenue under Section 48.277(a). | ||
Sec. 48.311. TEACHER RETENTION BONUS FOR 2023-2024 SCHOOL | ||
YEAR. (a) In this section, "classroom teacher" has the meaning | ||
assigned by Section 48.310. | ||
(b) A school district is entitled to a one-time payment for | ||
each classroom teacher employed by the district during the | ||
2023-2024 school year in the following amount: | ||
(1) if the district has 5,000 or fewer students | ||
enrolled for that school year, $10,000 per classroom teacher; and | ||
(2) if the district has more than 5,000 students | ||
enrolled for that school year, $3,000 per classroom teacher. | ||
(c) A school district shall use money received under | ||
Subsection (b) to provide a bonus payment in the amount received per | ||
classroom teacher under Subsection (b) to each classroom teacher in | ||
the district as part of the teacher's salary payment for December | ||
2023, if feasible, and if not feasible, then the district shall | ||
provide the bonus payment as part of the teacher's salary payment | ||
for the first month in which it is feasible. The bonus payment made | ||
under this subsection is in addition to the salary and wages to | ||
which the classroom teacher is otherwise entitled for the 2023-2024 | ||
school year. | ||
(d) Notwithstanding any other law, the commissioner shall | ||
exclude the funding to which a school district is entitled under | ||
this section for purposes of: | ||
(1) determining the amount by which the district must | ||
reduce the district's tier one revenue level under Section 48.257; | ||
and | ||
(2) calculating a school district's maintenance and | ||
operations revenue under Section 48.277(a). | ||
(e) A bonus payment made under this section is included in | ||
salary and wages for service for purposes of Section 822.201, | ||
Government Code. | ||
(f) This section expires September 1, 2024. | ||
SECTION 9. 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; [ |
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(12) increased compensation paid to a teacher by a | ||
school district using funds received by the district under the | ||
teacher incentive allotment under Section 48.112, Education Code; | ||
and | ||
(13) any increase in the payment of money made to a | ||
classroom teacher by a school district from funds allotted to the | ||
district under Section 48.310, Education Code. | ||
SECTION 10. Section 18.78, Article IX, Chapter 1170 (H.B. | ||
1), Acts of the 88th Legislature, Regular Session, 2023 (the | ||
General Appropriations Act), is amended by adding Subsection (m) to | ||
read as follows: | ||
(m) In addition to amounts appropriated elsewhere in this | ||
Act, TEA is appropriated $1,196,500,000 from general revenue to | ||
implement the provisions of S.B. 2, Acts of the 88th Legislature, | ||
3rd Called Session, 2023. From the amount appropriated under this | ||
subsection, not more than: | ||
(1) $400,000,000 may also be used for school safety | ||
and related purposes; and | ||
(2) $796,500,000 may also be used for financial and | ||
other assistance to public school educators and/or the public | ||
school finance system. | ||
SECTION 11. Sections 48.051(c), (c-1), (c-2), and (d), | ||
Education Code, are repealed. | ||
SECTION 12. A bonus payment made to a classroom teacher, as | ||
defined by Section 48.310, Education Code, as added by this Act, by | ||
a school district with money received by the district under Section | ||
48.311, Education Code, as added by this Act, as that section | ||
existed prior to its expiration, shall be included in salary and | ||
wages for service for purposes of Section 822.201, Government Code, | ||
as amended by this Act, regardless of the date the payment was made. | ||
SECTION 13. Immediately following the effective date of | ||
this Act, a school district or open-enrollment charter school shall | ||
redesignate a teacher who holds a designation made under Section | ||
21.3521, Education Code, before the effective date of this Act, to | ||
reflect the teacher's designation under Section 21.3521, Education | ||
Code, as amended by this Act. Funding provided to a school district | ||
under Section 48.112, Education Code, for a teacher who held a | ||
designation made under Section 21.3521, Education Code, as that | ||
section existed immediately before the effective date of this Act, | ||
shall be increased to reflect the teacher's redesignation under | ||
Section 21.3521, Education Code, as amended by this Act. | ||
SECTION 14. (a) Except as provided by Subsection (b) of | ||
this section, this Act applies beginning with the 2023-2024 school | ||
year. | ||
(b) Sections 48.277(c-1), (d), and (e), Education Code, as | ||
amended by this Act and Section 48.310, Education Code, as added by | ||
this Act, apply beginning with the 2024-2025 school year. | ||
SECTION 15. (a) Except as provided by Subsection (b), this | ||
Act takes effect immediately if it receives a vote of two-thirds of | ||
all the members elected to each house, as provided by Section 39, | ||
Article III, Texas Constitution. If this Act does not receive the | ||
vote necessary for immediate effect, this Act takes effect on the | ||
91st day after the last day of the legislative session. | ||
(b) Sections 48.277(c-1), (d), and (e), Education Code, as | ||
amended by this Act, take effect September 1, 2024. |