88S30326 TSS-D
 
  By: Creighton S.B. No. 58
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights and certification of public school educators
  and assistance provided to public schools by the Texas Education
  Agency related to public school educators and to certain allotments
  under the Foundation School Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.1513, Education Code, is amended by
  adding Subsection (l) to read as follows:
         (l)  The employment policy must provide that:
               (1)  before the beginning of each school year, the
  district shall provide a duty calendar for certain professional
  staff as required by Section 11.15131; and
               (2)  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 as provided by the district's duty calendar
  adopted under Section 11.15131.
         SECTION 2.  Subchapter D, Chapter 11, Education Code, is
  amended by adding Section 11.15131 to read as follows:
         Sec. 11.15131.  DUTY CALENDAR FOR CERTAIN PROFESSIONAL
  STAFF. (a)  In this section, "supplemental duty" means a duty other
  than a duty assigned under an employee's contract that is generally
  expected to be performed during an instructional day and which may
  be governed by an agreement, other than the employee's contract,
  between the district and the employee. 
         (b)  Not later than the 15th day before the first
  instructional day of each school year, the board of trustees of a
  school district shall adopt and provide to each classroom teacher,
  full-time counselor, and full-time librarian employed by the
  district a calendar that specifies the days each employee is
  expected to work for that school year, including the days on which
  the employee is expected to perform supplemental duties for more
  than 30 minutes outside of the instructional day, and except for
  days on which the employee may be required to spend time on an
  unanticipated duty outside of the instructional day to comply with
  a state or federal law.
         SECTION 3.  Section 21.054, Education Code, is amended by
  amending Subsections (a) and (i) and adding Subsection (i-1) to
  read as follows:
         (a)  The board shall propose rules establishing a process for
  identifying continuing education courses and programs that fulfill
  educators' continuing education requirements, including
  opportunities for educators to receive micro-credentials, as
  provided by Subsection (i), in:
               (1)  fields of study related to the educator's
  certification class; or
               (2)  digital teaching [as provided by Subsection (i)].
         (i)  The board shall propose rules establishing a program to
  issue micro-credentials in fields of study related to an educator's
  certification class or in digital teaching. The agency shall
  approve continuing education providers to offer micro-credential
  courses. A micro-credential received by an educator shall be
  recorded on the agency's Educator Certification Online System
  (ECOS) and included as part of the educator's public certification
  records.
         (i-1)  In proposing rules under Subsection (i) for
  micro-credentials related to digital teaching, the board shall
  engage relevant stakeholders. 
         SECTION 4.  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 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;
               (3)  a significant change in the needs of the teacher's
  family in a manner that requires the teacher to:
                     (A)  relocate; or 
                     (B)  forgo employment during a period of required
  employment under the teacher's contract; or
               (4)  the teacher's reasonable belief that the teacher
  had written permission from the school district's administration to
  resign.
         SECTION 5.  Section 21.160, 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;
               (3)  a significant change in the needs of the teacher's
  family in a manner that requires the teacher to:
                     (A)  relocate; or 
                     (B)  forgo employment during a period of required
  employment under the teacher's contract; or
               (4)  the teacher's reasonable belief that the teacher
  had written permission from the school district's administration to
  resign.
         SECTION 6.  Section 21.210, 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;
               (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 7.  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 8.  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, [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), 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].
         (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 9.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Sections 21.416 and 21.417 to read as follows:
         Sec. 21.416.  EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
  PROGRAM. (a)  From funds appropriated or otherwise available, the
  commissioner shall establish and administer a grant program to
  award funds to reimburse a school district, an open-enrollment
  charter school, the Windham School District, the Texas School for
  the Deaf, or the Texas School for the Blind and Visually Impaired
  that hires a teacher who retired before September 1, 2023, for the
  increased contributions to the Teacher Retirement System
  associated with hiring the retired teacher.
         (b)  In appropriating money for grants awarded under this
  section, the legislature may provide for, modify, or limit amounts
  appropriated for that purpose in the General Appropriations Act,
  including by: 
               (1)  providing, notwithstanding Subsection (a), a date
  or date range other than September 1, 2023, before which a teacher
  must have retired for a school district, an open-enrollment charter
  school, the Windham School District, the Texas School for the Deaf,
  or the Texas School for the Blind and Visually Impaired that hires
  the teacher to be eligible; or
               (2)  limiting eligibility to a district or school
  described by Subdivision (1) that hires a retired teacher:
                     (A)  who holds a certain certification;
                     (B)  to teach a certain subject or grade; 
                     (C)  in a certain geographical area; or
                     (D)  to provide instruction to certain students,
  including to students with disabilities.
         (c)  The commissioner shall proportionally reduce the amount
  of funds awarded to school districts, open-enrollment charter
  schools, the Windham School District, the Texas School for the
  Deaf, and the Texas School for the Blind and Visually Impaired under
  this section if the number of grant applications by eligible
  districts or schools exceeds the number of grants the commissioner
  could award with the money appropriated or otherwise available for
  the purpose.
         (d)  A school district, an open-enrollment charter school,
  the Windham School District, the Texas School for the Deaf, or the
  Texas School for the Blind and Visually Impaired may use funds
  received under this section to make required payments under Section
  825.4092, Government Code.
         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 advocacy 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 10.  Subchapter J, Chapter 21, Education Code, is
  amended by adding Sections 21.466, 21.467, and 21.468 to read as
  follows:
         Sec. 21.466.  TEACHER QUALITY ASSISTANCE. (a) From funds
  appropriated or otherwise available for the purpose, the agency
  shall develop training for and provide technical assistance to
  school districts and open-enrollment charter schools regarding:
               (1)  strategic compensation, staffing, and scheduling
  efforts that improve professional growth, teacher leadership
  opportunities, and staff retention;
               (2)  programs that encourage high school students or
  other members of the community in the area served by the district to
  become teachers, including available teacher apprenticeship
  programs; and
               (3)  programs or strategies that school leaders may use
  to establish clear and attainable behavior expectations while
  proactively supporting students.
         (b)  From funds appropriated or otherwise available, the
  agency shall provide grants to school districts and open-enrollment
  charter schools to implement initiatives developed under this
  section.
         Sec. 21.467.  TEACHER TIME STUDY. (a) From funds
  appropriated or otherwise available for the purpose, the agency
  shall develop and maintain a technical assistance program to
  support school districts and open-enrollment charter schools in:
               (1)  studying how the district's or school's staff and
  student schedules, required noninstructional duties for classroom
  teachers, and professional development requirements for educators
  are affecting the amount of time classroom teachers work each week;
  and
               (2)  refining the schedules for students or staff as
  necessary to ensure teachers have sufficient time during normal
  work hours to fulfill all job duties, including addressing the
  needs of students.
         (b)  The agency shall periodically make findings and
  recommendations for best practices publicly available using
  information from participating school districts and
  open-enrollment charter schools.
         Sec. 21.468.  TEACHER POSITION INFORMATION.  The agency
  shall collect data to address teacher retention and recruitment,
  including the classifications, grade levels, subject areas,
  duration, and other relevant data relating to vacancies in teaching
  positions.  The data may be collected through the Public Education
  Information Management System (PEIMS) or another electronic
  reporting mechanism, as determined by the agency.
         SECTION 11.  Chapter 21, Education Code, is amended by
  adding Subchapter R to read as follows:
  SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
         Sec. 21.901.  DEFINITIONS. In this subchapter:
               (1)  "Board" means the State Board for Educator
  Certification.
               (2)  "Cooperating teacher" means a classroom teacher
  who:
                     (A)  meets the qualifications for assignment as a
  mentor under Section 21.458; and
                     (B)  is employed by a school district or
  open-enrollment charter school participating in a partnership
  program under this subchapter and paired with a partnership
  resident at the district or school.
               (3)  "Partnership program" means a Texas Teacher
  Residency Partnership Program established at a school district or
  open-enrollment charter school in accordance with this subchapter.
               (4)  "Partnership resident" means a person enrolled in
  a qualified educator preparation program participating in a
  partnership program as a candidate for educator certification.
               (5)  "Qualified educator preparation program" means an
  educator preparation program approved in accordance with rules
  proposed under Section 21.903.
         Sec. 21.902.  ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
  The commissioner shall establish the Texas Teacher Residency
  Partnership Program to enable qualified educator preparation
  programs to form partnerships with school districts or
  open-enrollment charter schools to provide residency positions to
  partnership residents at the district or school.
         (b)  The partnership program must be designed to:
               (1)  allow partnership residents to receive
  field-based experience working with classroom teachers in
  prekindergarten through grade 12 classrooms; and
               (2)  gradually increase the amount of time a
  partnership resident spends engaging in instructional
  responsibilities, including observation, co-teaching, and
  lead-teaching responsibilities.
         Sec. 21.903.  QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
  board shall propose rules specifying the requirements for board
  approval of an educator preparation program as a qualified educator
  preparation program for purposes of this subchapter.  The rules
  must require an educator preparation program to:
               (1)  use research-based best practices for recruiting
  and admitting candidates into the educator preparation program to
  participate in the partnership program;
               (2)  integrate curriculum, classroom practice, and
  formal observation and feedback;
               (3)  use multiple assessments to measure a partnership
  resident's progress in the partnership program; and
               (4)  partner with a school district or open-enrollment
  charter school.
         Sec. 21.904.  REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
  SCHOOLS. (a)  A school district or open-enrollment charter school
  participating in the partnership program shall:
               (1)  enter into a written agreement with a qualified
  educator preparation program to:
                     (A)  provide a partnership resident with at least
  one school year of clinical teaching in a residency position at the
  district or school in the subject area and grade level for which the
  resident seeks certification; and
                     (B)  pair the partnership resident with a
  cooperating teacher;
               (2)  specify the amount of money the district receives
  under Section 48.157 that the district will provide to the program;
               (3)  only use money received under Section 48.157 to:
                     (A)  implement the partnership program; and
                     (B)  provide compensation to:
                           (i)  partnership residents in residency
  positions at the district or school; and
                           (ii)  cooperating teachers who are paired
  with partnership residents at the district or school;
               (4)  pay at least 50 percent of the compensation paid to
  partnership residents using money other than money received under
  Section 48.157; and
               (5)  provide any information required by the agency
  regarding the district's or school's implementation of the program.
         (b)  A school district or open-enrollment charter school may
  only pair a partnership resident with a cooperating teacher who
  agrees to participate in that role in a partnership program at the
  district or school partnership program.
         (c)  A partnership resident may not serve as a teacher of
  record, as that term is defined by Section 21.051.
         Sec. 21.905.  RESIDENCY EDUCATOR CERTIFICATE. The board
  shall propose rules specifying the requirements for the issuance of
  a residency educator certificate to a candidate who has
  successfully completed a qualified educator preparation program
  under Section 21.903.
         Sec. 21.906.  AGENCY SUPPORT. The agency shall provide
  technical assistance, planning, and support to school districts,
  open-enrollment charter schools, and qualified educator
  preparation programs, which must include:
               (1)  providing model forms and agreements a district,
  school, or educator preparation program may use to comply with the
  requirements of this subchapter; and
               (2)  support for district and school strategic staffing
  and compensation models to incentivize participation in a
  partnership program.
         Sec. 21.907.  AUTHORITY TO ACCEPT CERTAIN FUNDS. The
  commissioner may solicit and accept gifts, grants, and donations
  from public and private entities to use for the purposes of this
  subchapter.
         Sec. 21.908.  RULES. (a) The board shall propose rules
  necessary to implement this subchapter, including rules under
  Sections 21.903 and 21.905.
         (b)  The commissioner shall adopt rules as necessary to
  implement this subchapter.
         SECTION 12.  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 13.  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 14.  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 15.  Section 37.002, Education Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsections
  (b-2), (e-1), and (f) to read as follows:
         (b)  A teacher may remove from class a student who:
               (1)  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.
         (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. The principal may not
  return the student to that teacher's class, regardless of the
  teacher's consent, until 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.
         (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. 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 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.
         (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 16.  Section 48.114, Education Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  A school district [that has implemented a mentoring
  program for classroom teachers who have less than two years of
  teaching experience under Section 21.458] is entitled to an
  allotment [as determined under Subsection (b)] to fund a [the]
  mentoring program and to provide stipends for mentor teachers if:
               (1)  the district has implemented a mentoring program
  for classroom teachers under Section 21.458; and
               (2)  the mentor teachers assigned under that program
  complete a training program that is required or developed by the
  agency for mentor teachers.
         (d)  A school district is entitled to an allotment of $2,000
  for each classroom teacher with less than two years of experience
  who participates in a mentoring program described by Subsection
  (a).  A district may receive an allotment under this section for no
  more than 40 teachers during a school year unless an appropriation
  is made for the purposes of providing a greater number of allotments
  per district.
         SECTION 17.  Subchapter D, Chapter 48, Education Code, is
  amended by adding Sections 48.157 and 48.158 to read as follows:
         Sec. 48.157.  RESIDENCY PARTNERSHIP ALLOTMENT. (a)  In this
  section, "partnership program" and "partnership resident" have the
  meanings assigned by Section 21.901.
         (b)  For each partnership resident employed at a district in
  a residency position under Subchapter R, Chapter 21, the district
  is entitled to an allotment equal to a base amount of $22,000
  increased by the high needs and rural factor, as determined under
  Subsection (c), to an amount not to exceed $42,000.
         (c)  The high needs and rural factor is determined by
  multiplying $5,000 by the lesser of:
               (1)  the average of the point value assigned to each
  student at a district campus under Section 48.112(d); or
               (2)  4.0.
         (d)  In addition to the funding under Subsection (b), a
  district that qualifies for an allotment under this section is
  entitled to an additional $2,000 for each partnership resident
  employed in a residency position at the district who is a candidate
  for special education certification.
         (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.
         Sec. 48.158.  FUNDING FOR CERTAIN CERTIFICATIONS. (a) A
  school district is entitled to the cost of certification
  examination fees for each classroom teacher who received a
  certification in special education or bilingual education in the
  preceding school year.  From money received under this section, the
  district shall reimburse each teacher who received a certification
  in special education or bilingual education during the preceding
  school year the cost of certification examination fees associated
  with that certification.
         (b)  Reimbursement received by a classroom teacher under
  this section may not be considered when calculating the teacher's
  salary for the purposes of Section 21.402.
         SECTION 18.  The following provisions are repealed:
               (1)  Section 21.042, Education Code;
               (2)  Subchapter Q, Chapter 21, Education Code;
               (3)  Section 37.002(e), Education Code;
               (4)  Section 48.114(b), Education Code; and
               (5)  Section 825.4092(f), Government Code.
         SECTION 19.  (a) The legislature finds that:
               (1)  the Windfall Elimination Provision was enacted in
  1983 to equalize the earned social security benefits of workers who
  spend part of their careers in exempt public service and workers who
  spend their entire careers participating in social security;
               (2)  the Windfall Elimination Provision reduces the
  social security benefits of public servants who have received a
  pension that is not subject to social security taxes, including
  thousands of teachers in Texas as well as the spouses and children
  of these public servants;
               (3)  the flawed application of the Windfall Elimination
  Provision diminishes Texans' retirement security and fails to
  recognize their rightfully earned social security and public
  pension benefits;
               (4)  for years, the United States Congress has failed
  to act to remove this detriment to many citizens of Texas, including
  teachers; and
               (5)  the United States Congress should take swift
  action to replace the Windfall Elimination Provision with a more
  fair and just formula that accurately reflects the contributions of
  all American workers to the social security system.
         (b)  As soon as practicable after the effective date of this
  Act, the secretary of the Senate shall forward official copies of
  the legislative findings under Subsection (a) of this section to
  the president of the United States, to the president of the Senate
  and the speaker of the House of Representatives of the United States
  Congress, and to all the members of the Texas delegation to
  Congress.
         SECTION 20.  Section 21.257(f), Education Code, as added by
  this Act, applies only to a hearing before a hearing examiner
  commenced on or after the effective date of this Act.
         SECTION 21.  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.
         SECTION 22.  Notwithstanding Section 21.903, Education
  Code, as added by this Act, until the State Board for Educator
  Certification adopts rules specifying the requirements for
  approval of an educator preparation program as a qualified educator
  preparation program as required by that section, the commissioner
  of education may approve a program as a qualified educator
  preparation program for purposes of Subchapter R, Chapter 21,
  Education Code, as added by this Act, if the commissioner
  determines that the program meets the requirements under Section
  21.903, Education Code, as added by this Act.  An educator
  preparation program's designation as a qualified educator
  preparation program by the commissioner under this section remains
  effective until the first anniversary of the adoption of rules by
  the State Board for Educator Certification under Section 21.903,
  Education Code, as added by this Act.
         SECTION 23.  (a) Except as provided by Subsection (b) of
  this section, 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)  Section 48.114, Education Code, as amended by this Act,
  and Sections 48.157 and 48.158, Education Code, as added by this
  Act, take effect September 1, 2024.