Bill Text: TX SB26 | 2025-2026 | 89th Legislature | Engrossed

---

Bill Title: Relating to public education, including the rights and compensation of public school educators and funding for teacher compensation under the Foundation School Program.

Sponsorship: Slight Partisan Bill (Republican 13-7)

Status: (Engrossed - Dead) 2025-04-09 - Referred to Public Education [SB26 Detail]

Download: Texas-2025-SB26-Engrossed.html

---

By: Creighton, et al. S.B. No. 26

A BILL TO BE ENTITLED
AN ACT
relating to public education, including the rights and compensation
of public school educators and funding for teacher compensation
under the Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.3521, Education Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsections
(c-1), (c-2), (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 except as provided by Subsection (c-1), 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]. A classroom
teacher's designation under this subsection is valid until the
earlier of:
(1) the date on which the designation expires; or
(2) September 1, 2028.
(c-1) A classroom teacher who has made substantial
progress, as determined by the commissioner, in obtaining a
National Board Certification issued by the National Board for
Professional Teaching Standards on September 1, 2025, may be
designated as nationally board certified under Subsection (c) on
issuance of the National Board Certification. A classroom teacher
who begins the process of or who has not made substantial progress
in obtaining a National Board Certification as of September 1,
2025, may not be designated as nationally board certified under
Subsection (c).
(c-2) Subsections (c) and (c-1) and this subsection expire
on September 1, 2028.
(d-1) Each school year, the commissioner shall, using
criteria developed by the commissioner, designate as enhanced
teacher incentive allotment schools 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 school 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 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; 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.
SECTION 3. 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 4. 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 5. 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 6. Section 29.153(b), Education Code, is amended 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.
SECTION 7. Section 48.112, Education Code, is amended by
amending Subsections (c), (d), and (i) and adding Subsections (d-1)
and (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 acknowledged
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 acknowledged teacher.
(d-1) For each classroom teacher with a nationally board
certified designation under Section 21.3521 employed by a school
district, the district is entitled to an allotment equal to $3,000,
increased by the high needs and rural factor amount determined for
an acknowledged teacher under Subsection (d)(4), not to exceed
$9,000. This subsection expires September 1, 2028.
(g-1) For a district that is designated as an enhanced
teacher incentive allotment school 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
school 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 8. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.158 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 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 for which the
allotment is provided as follows:
(1) if the district has 5,000 or fewer students
enrolled for the school year:
(A) $5,000 for each classroom teacher who has at
least three but less than five years of teaching experience; and
(B) $10,000 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) $5,500 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 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 employed by
the district in the 2024-2025 school year by at least the amount
received per classroom teacher under Subsection (b).
(d) 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 employed by the district who have three or more
years of experience.
(e) A school district that increases classroom teacher
compensation in the 2025-2026 school year to comply with Subsection
(c), as added by S.B. 26, 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 9. 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 10. Sections 48.051(c), (c-1), (c-2), and (d),
Education Code, are repealed.
SECTION 11. 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 12. (a) Except as provided by Subsection (b) of
this section, this Act 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, the entirety of this Act takes effect September 1, 2025.
(b) Sections 48.112(c) and (d), Education Code, as amended
by this Act, and Sections 48.158 and 48.257(b-1), Education Code,
as added by this Act, take effect September 1, 2025.