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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights and certification of public school educators |
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and assistance provided to public schools by the Texas Education |
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Agency related to public school educators and to certain allotments |
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under the Foundation School Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.1513, Education Code, is amended by |
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adding Subsection (l) to read as follows: |
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(l) The employment policy must provide that: |
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(1) before the beginning of each school year, the |
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district shall provide a duty calendar for certain professional |
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staff as required by Section 11.15131; and |
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(2) for purposes of determining the amount of a |
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reduction in the salary of a classroom teacher, full-time |
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counselor, or full-time librarian for unpaid leave, the employee's |
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daily rate of pay is computed by dividing the employee's annual |
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salary by the number of days the employee is expected to work for |
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that school year as provided by the district's duty calendar |
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adopted under Section 11.15131. |
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SECTION 2. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.15131 to read as follows: |
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Sec. 11.15131. DUTY CALENDAR FOR CERTAIN PROFESSIONAL |
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STAFF. (a) In this section, "supplemental duty" means a duty other |
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than a duty assigned under an employee's contract that is generally |
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expected to be performed during an instructional day and which may |
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be governed by an agreement, other than the employee's contract, |
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between the district and the employee. |
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(b) Not later than the 15th day before the first |
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instructional day of each school year, the board of trustees of a |
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school district shall adopt and provide to each classroom teacher, |
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full-time counselor, and full-time librarian employed by the |
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district a calendar that specifies the days each employee is |
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expected to work for that school year, including the days on which |
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the employee is expected to perform supplemental duties for more |
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than 30 minutes outside of the instructional day, and except for |
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days on which the employee may be required to spend time on an |
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unanticipated duty outside of the instructional day to comply with |
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a state or federal law. |
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SECTION 3. Section 21.054, Education Code, is amended by |
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amending Subsections (a) and (i) and adding Subsection (i-1) to |
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read as follows: |
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(a) The board shall propose rules establishing a process for |
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identifying continuing education courses and programs that fulfill |
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educators' continuing education requirements, including |
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opportunities for educators to receive micro-credentials, as |
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provided by Subsection (i), in: |
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(1) fields of study related to the educator's |
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certification class; or |
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(2) digital teaching [as provided by Subsection (i)]. |
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(i) The board shall propose rules establishing a program to |
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issue micro-credentials in fields of study related to an educator's |
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certification class or in digital teaching. The agency shall |
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approve continuing education providers to offer micro-credential |
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courses. A micro-credential received by an educator shall be |
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recorded on the agency's Educator Certification Online System |
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(ECOS) and included as part of the educator's public certification |
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records. |
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(i-1) In proposing rules under Subsection (i) for |
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micro-credentials related to digital teaching, the board shall |
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engage relevant stakeholders. |
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SECTION 4. Section 21.105, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (g) to read as |
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follows: |
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(c) Subject to Subsections (e), [and] (f), and (g), on |
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written complaint by the employing district, the State Board for |
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Educator Certification may impose sanctions against a teacher |
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employed under a probationary contract who: |
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(1) resigns; |
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(2) fails without good cause to comply with Subsection |
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(a) or (b); and |
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(3) fails to perform the contract. |
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(g) The State Board for Educator Certification may not |
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impose a sanction under Subsection (c) against a teacher who |
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relinquishes a position under a probationary contract and leaves |
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the employment of the district after the 45th day before the first |
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day of instruction of the upcoming school year in violation of |
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Subsection (a) and without the consent of the board of trustees |
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under Subsection (b) if the teacher's failure to comply with |
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Subsection (a) was due to: |
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(1) a serious illness or health condition of the |
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teacher or a close family member of the teacher; |
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(2) the teacher's relocation because the teacher's |
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spouse or a partner who resides with the teacher changes employers; |
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(3) a significant change in the needs of the teacher's |
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family in a manner that requires the teacher to: |
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(A) relocate; or |
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(B) forgo employment during a period of required |
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employment under the teacher's contract; or |
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(4) the teacher's reasonable belief that the teacher |
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had written permission from the school district's administration to |
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resign. |
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SECTION 5. Section 21.160, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (g) to read as |
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follows: |
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(c) Subject to Subsections (e), [and] (f), and (g), on |
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written complaint by the employing district, the State Board for |
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Educator Certification may impose sanctions against a teacher who |
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is employed under a continuing contract that obligates the district |
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to employ the person for the following school year and who: |
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(1) resigns; |
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(2) fails without good cause to comply with Subsection |
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(a) or (b); and |
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(3) fails to perform the contract. |
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(g) The State Board for Educator Certification may not |
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impose a sanction under Subsection (c) against a teacher who |
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relinquishes a position under a continuing contract and leaves the |
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employment of the district after the 45th day before the first day |
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of instruction of the upcoming school year in violation of |
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Subsection (a) and without the consent of the board of trustees |
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under Subsection (b) if the teacher's failure to comply with |
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Subsection (a) was due to: |
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(1) a serious illness or health condition of the |
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teacher or a close family member of the teacher; |
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(2) the teacher's relocation because the teacher's |
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spouse or a partner who resides with the teacher changes employers; |
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(3) a significant change in the needs of the teacher's |
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family in a manner that requires the teacher to: |
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(A) relocate; or |
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(B) forgo employment during a period of required |
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employment under the teacher's contract; or |
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(4) the teacher's reasonable belief that the teacher |
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had written permission from the school district's administration to |
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resign. |
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SECTION 6. Section 21.210, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (g) to read as |
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follows: |
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(c) Subject to Subsections (e), [and] (f), and (g), on |
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written complaint by the employing district, the State Board for |
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Educator Certification may impose sanctions against a teacher who |
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is employed under a term contract that obligates the district to |
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employ the person for the following school year and who: |
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(1) resigns; |
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(2) fails without good cause to comply with Subsection |
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(a) or (b); and |
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(3) fails to perform the contract. |
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(g) The State Board for Educator Certification may not |
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impose a sanction under Subsection (c) against a teacher who |
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relinquishes a position under a term contract and leaves the |
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employment of the district after the 45th day before the first day |
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of instruction of the upcoming school year in violation of |
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Subsection (a) and without the consent of the board of trustees |
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under Subsection (b) if the teacher's failure to comply with |
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Subsection (a) was due to: |
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(1) a serious illness or health condition of the |
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teacher or a close family member of the teacher; |
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(2) the teacher's relocation because the teacher's |
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spouse or a partner who resides with the teacher changes employers; |
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(3) a significant change in the needs of the teacher's |
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family in a manner that requires the teacher to: |
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(A) relocate; or |
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(B) forgo employment during a period of required |
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employment under the teacher's contract; or |
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(4) the teacher's reasonable belief that the teacher |
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had written permission from the school district's administration to |
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resign. |
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SECTION 7. Section 21.257, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (f) to read as |
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follows: |
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(a) Except as provided by Subsection (f), not [Not] later |
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than the 60th day after the date on which the commissioner receives |
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a teacher's written request for a hearing, the hearing examiner |
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shall complete the hearing and make a written recommendation that: |
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(1) includes proposed findings of fact and conclusions |
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of law; and |
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(2) may include a proposal for granting relief. |
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(f) The hearing examiner may dismiss a hearing before |
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completing the hearing or making a written recommendation if: |
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(1) the teacher requests the dismissal; |
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(2) the school district withdraws the proposed |
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decision that is the basis of the hearing; or |
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(3) the teacher and school district request the |
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dismissal after reaching a settlement regarding the proposed |
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decision that is the basis of the hearing. |
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SECTION 8. Sections 21.3521(a), (c), and (e), Education |
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Code, are amended to read as follows: |
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(a) Subject to Subsection (b), a school district or |
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open-enrollment charter school may designate a classroom teacher as |
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a master, exemplary, [or] recognized, or acknowledged teacher for a |
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five-year period based on the results from single year or multiyear |
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appraisals that comply with Section 21.351 or 21.352. |
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(c) Notwithstanding performance standards established |
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under Subsection (b), a classroom teacher that holds a National |
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Board Certification issued by the National Board for Professional |
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Teaching Standards may be designated as nationally board certified |
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[recognized]. |
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(e) The agency shall develop and provide technical |
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assistance for school districts and open-enrollment charter |
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schools that request assistance in implementing a local optional |
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teacher designation system, including: |
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(1) providing assistance in prioritizing high needs |
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campuses; |
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(2) providing examples or models of local optional |
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teacher designation systems to reduce the time required for a |
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district or school to implement a teacher designation system; |
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(3) establishing partnerships between districts and |
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schools that request assistance and districts and schools that have |
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implemented a teacher designation system; |
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(4) applying the performance and validity standards |
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established by the commissioner under Subsection (b); |
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(5) providing centralized support for the analysis of |
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the results of assessment instruments administered to district |
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students; and |
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(6) facilitating effective communication on and |
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promotion of local optional teacher designation systems. |
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SECTION 9. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Sections 21.416 and 21.417 to read as follows: |
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Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT |
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PROGRAM. (a) From funds appropriated or otherwise available, the |
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commissioner shall establish and administer a grant program to |
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award funds to reimburse a school district, an open-enrollment |
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charter school, the Windham School District, the Texas School for |
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the Deaf, or the Texas School for the Blind and Visually Impaired |
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that hires a teacher who retired before September 1, 2023, for the |
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increased contributions to the Teacher Retirement System |
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associated with hiring the retired teacher. |
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(b) In appropriating money for grants awarded under this |
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section, the legislature may provide for, modify, or limit amounts |
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appropriated for that purpose in the General Appropriations Act, |
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including by: |
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(1) providing, notwithstanding Subsection (a), a date |
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or date range other than September 1, 2023, before which a teacher |
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must have retired for a school district, an open-enrollment charter |
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school, the Windham School District, the Texas School for the Deaf, |
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or the Texas School for the Blind and Visually Impaired that hires |
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the teacher to be eligible; or |
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(2) limiting eligibility to a district or school |
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described by Subdivision (1) that hires a retired teacher: |
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(A) who holds a certain certification; |
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(B) to teach a certain subject or grade; |
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(C) in a certain geographical area; or |
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(D) to provide instruction to certain students, |
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including to students with disabilities. |
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(c) The commissioner shall proportionally reduce the amount |
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of funds awarded to school districts, open-enrollment charter |
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schools, the Windham School District, the Texas School for the |
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Deaf, and the Texas School for the Blind and Visually Impaired under |
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this section if the number of grant applications by eligible |
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districts or schools exceeds the number of grants the commissioner |
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could award with the money appropriated or otherwise available for |
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the purpose. |
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(d) A school district, an open-enrollment charter school, |
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the Windham School District, the Texas School for the Deaf, or the |
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Texas School for the Blind and Visually Impaired may use funds |
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received under this section to make required payments under Section |
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825.4092, Government Code. |
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Sec. 21.417. RESOURCES, INCLUDING LIABILITY INSURANCE, FOR |
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CLASSROOM TEACHERS. (a) From funds appropriated or otherwise |
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available for the purpose, the agency shall contract with a third |
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party to provide the following services for a classroom teacher |
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employed under a probationary, continuing, or term contract: |
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(1) assistance in understanding the teacher's rights, |
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duties, and benefits; and |
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(2) liability insurance to protect a teacher against |
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liability to a third party based on conduct that the teacher |
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allegedly engaged in during the course of the teacher's duties. |
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(b) A school district may not interfere with a classroom |
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teacher's access to services provided under this section. |
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(c) A contract entered into by the agency to provide |
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services under Subsection (a) must prohibit the entity with which |
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the agency contracts from using funds received under the contract |
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to engage in: |
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(1) conduct that a state agency using appropriated |
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money is prohibited from engaging in under Chapter 556, Government |
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Code; and |
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(2) political activities or advocacy for issues |
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regarding public schools, including for boards of trustees of |
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school districts or school districts. |
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(d) This section may not be interpreted to interfere with a |
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classroom teacher's or other school district employee's exercise of |
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a right protected by the First Amendment to the United States |
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Constitution. |
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SECTION 10. Subchapter J, Chapter 21, Education Code, is |
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amended by adding Sections 21.466, 21.467, and 21.468 to read as |
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follows: |
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Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds |
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appropriated or otherwise available for the purpose, the agency |
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shall develop training for and provide technical assistance to |
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school districts and open-enrollment charter schools regarding: |
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(1) strategic compensation, staffing, and scheduling |
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efforts that improve professional growth, teacher leadership |
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opportunities, and staff retention; |
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(2) programs that encourage high school students or |
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other members of the community in the area served by the district to |
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become teachers, including available teacher apprenticeship |
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programs; and |
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(3) programs or strategies that school leaders may use |
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to establish clear and attainable behavior expectations while |
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proactively supporting students. |
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(b) From funds appropriated or otherwise available, the |
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agency shall provide grants to school districts and open-enrollment |
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charter schools to implement initiatives developed under this |
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section. |
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Sec. 21.467. TEACHER TIME STUDY. (a) From funds |
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appropriated or otherwise available for the purpose, the agency |
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shall develop and maintain a technical assistance program to |
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support school districts and open-enrollment charter schools in: |
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(1) studying how the district's or school's staff and |
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student schedules, required noninstructional duties for classroom |
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teachers, and professional development requirements for educators |
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are affecting the amount of time classroom teachers work each week; |
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and |
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(2) refining the schedules for students or staff as |
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necessary to ensure teachers have sufficient time during normal |
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work hours to fulfill all job duties, including addressing the |
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needs of students. |
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(b) The agency shall periodically make findings and |
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recommendations for best practices publicly available using |
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information from participating school districts and |
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open-enrollment charter schools. |
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Sec. 21.468. TEACHER POSITION INFORMATION. The agency |
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shall collect data to address teacher retention and recruitment, |
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including the classifications, grade levels, subject areas, |
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duration, and other relevant data relating to vacancies in teaching |
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positions. The data may be collected through the Public Education |
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Information Management System (PEIMS) or another electronic |
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reporting mechanism, as determined by the agency. |
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SECTION 11. Chapter 21, Education Code, is amended by |
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adding Subchapter R to read as follows: |
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SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM |
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Sec. 21.901. DEFINITIONS. In this subchapter: |
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(1) "Board" means the State Board for Educator |
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Certification. |
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(2) "Cooperating teacher" means a classroom teacher |
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who: |
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(A) meets the qualifications for assignment as a |
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mentor under Section 21.458; and |
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(B) is employed by a school district or |
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open-enrollment charter school participating in a partnership |
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program under this subchapter and paired with a partnership |
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resident at the district or school. |
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(3) "Partnership program" means a Texas Teacher |
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Residency Partnership Program established at a school district or |
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open-enrollment charter school in accordance with this subchapter. |
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(4) "Partnership resident" means a person enrolled in |
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a qualified educator preparation program participating in a |
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partnership program as a candidate for educator certification. |
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(5) "Qualified educator preparation program" means an |
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educator preparation program approved in accordance with rules |
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proposed under Section 21.903. |
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Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a) |
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The commissioner shall establish the Texas Teacher Residency |
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Partnership Program to enable qualified educator preparation |
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programs to form partnerships with school districts or |
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open-enrollment charter schools to provide residency positions to |
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partnership residents at the district or school. |
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(b) The partnership program must be designed to: |
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(1) allow partnership residents to receive |
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field-based experience working with classroom teachers in |
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prekindergarten through grade 12 classrooms; and |
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(2) gradually increase the amount of time a |
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partnership resident spends engaging in instructional |
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responsibilities, including observation, co-teaching, and |
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lead-teaching responsibilities. |
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Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The |
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board shall propose rules specifying the requirements for board |
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approval of an educator preparation program as a qualified educator |
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preparation program for purposes of this subchapter. The rules |
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must require an educator preparation program to: |
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(1) use research-based best practices for recruiting |
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and admitting candidates into the educator preparation program to |
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participate in the partnership program; |
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(2) integrate curriculum, classroom practice, and |
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formal observation and feedback; |
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(3) use multiple assessments to measure a partnership |
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resident's progress in the partnership program; and |
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(4) partner with a school district or open-enrollment |
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charter school. |
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Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND |
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SCHOOLS. (a) A school district or open-enrollment charter school |
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participating in the partnership program shall: |
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(1) enter into a written agreement with a qualified |
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educator preparation program to: |
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(A) provide a partnership resident with at least |
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one school year of clinical teaching in a residency position at the |
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district or school in the subject area and grade level for which the |
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resident seeks certification; and |
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(B) pair the partnership resident with a |
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cooperating teacher; |
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(2) specify the amount of money the district receives |
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under Section 48.157 that the district will provide to the program; |
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(3) only use money received under Section 48.157 to: |
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(A) implement the partnership program; and |
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(B) provide compensation to: |
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(i) partnership residents in residency |
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positions at the district or school; and |
|
(ii) cooperating teachers who are paired |
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with partnership residents at the district or school; |
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(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 |
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regarding the district's or school's implementation of the program. |
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(b) A school district or open-enrollment charter school may |
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only pair a partnership resident with a cooperating teacher who |
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agrees to participate in that role in a partnership program at the |
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district or school partnership program. |
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(c) A partnership resident may not serve as a teacher of |
|
record, as that term is defined by Section 21.051. |
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Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board |
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shall propose rules specifying the requirements for the issuance of |
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a residency educator certificate to a candidate who has |
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successfully completed a qualified educator preparation program |
|
under Section 21.903. |
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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. |
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Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The |
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commissioner may solicit and accept gifts, grants, and donations |
|
from public and private entities to use for the purposes of this |
|
subchapter. |
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Sec. 21.908. RULES. (a) The board shall propose rules |
|
necessary to implement this subchapter, including rules under |
|
Sections 21.903 and 21.905. |
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(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. |