89R14629 ANG-F     By: Bernal H.B. No. 5175       A BILL TO BE ENTITLED   AN ACT   relating to the employment of classroom teachers in public schools   and the waiver or payment of certain educator examination and   certification fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12A.004(a), Education Code, is amended   to read as follows:          (a)  A local innovation plan may not provide for the   exemption of a district designated as a district of innovation from   the following provisions of this title:                (1)  a state or federal requirement applicable to an   open-enrollment charter school operating under Subchapter D,   Chapter 12;                (2)  Subchapters A, C, D, and E, Chapter 11, except that   a district may be exempt from Sections 11.1511(b)(5) and (14) and   Section 11.162;                (3)  the employment of uncertified classroom teachers   under Section 21.0032;                (4)  state curriculum and graduation requirements   adopted under Chapter 28; and                (5) [(4)]  academic and financial accountability and   sanctions under Chapters 39 and 39A.          SECTION 2.  Section 21.001, Education Code, is amended by   adding Subdivision (3-b) to read as follows:                (3-b)  "Teacher of record" means a person employed by a   school district who teaches the majority of the instructional day   in an academic instructional setting and is responsible for   evaluating student achievement and assigning grades.          SECTION 3.  Subchapter A, Chapter 21, Education Code, is   amended by adding Section 21.0032 to read as follows:          Sec. 21.0032.  EMPLOYMENT OF UNCERTIFIED CLASSROOM   TEACHERS. (a)  A school district may not employ as a classroom   teacher for a course in the foundation curriculum under Section   28.002 a person who does not hold an appropriate certificate or   permit issued by the State Board for Educator Certification under   Subchapter B.          (b)  Notwithstanding Subsection (a), for the 2026-2027   school year, a school district may employ as a teacher of record for   a course other than a reading language arts or mathematics course in   a grade level above grade five a person who does not hold an   appropriate certificate or permit issued by the State Board for   Educator Certification under Subchapter B.          (c)  From money appropriated or otherwise available for the   purpose, the agency shall provide to each school district a   one-time payment of $1,000 for each classroom teacher employed by   the district who:                (1)  was hired for the 2022-2023 or 2023-2024 school   year as a first-year teacher;                (2)  was uncertified on January 1, 2025;                (3)  earned a standard certificate under Subchapter B   by the end of the 2025-2026 school year; and                (4)  was continuously employed by the district since   the school year described by Subdivision (1).          (d)  This subsection and Subsections (b) and (c) expire   September 1, 2027.          SECTION 4.  Subchapter A, Chapter 21, Education Code, is   amended by adding Section 21.010 to read as follows:          Sec. 21.010.  TEACHER POSITION DATA COLLECTION. The agency   shall collect data from school districts and open-enrollment   charter schools for the recruitment and retention of classroom   teachers, including the classification, grade level, subject area,   duration, and other relevant information regarding vacant teaching   positions in a district or school. The data may be collected using   the Public Education Information Management System (PEIMS) or   another reporting mechanism specified by the agency.          SECTION 5.  Subchapter B, Chapter 21, Education Code, is   amended by adding Section 21.0411 to read as follows:          Sec. 21.0411.  WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND   CERTIFICATION FEES. (a) Notwithstanding a rule adopted under   Section 21.041(c), the board shall, for a person applying for a   certification in special education, bilingual education, or   another area specified by the General Appropriations Act, waive:                (1)  a certification examination fee imposed by the   board for the first administration of the examination to the   person; and                (2)  a fee associated with the application for   certification by the person.          (b)  The board shall pay to a vendor that administers a   certification examination described by Subsection (a) a fee   assessed by that vendor for the examination of a person applying for   a certification described by Subsection (a) for the first   administration of the examination to the person.          SECTION 6.  (a) Except as provided by Subsection (b) of this   section, this Act applies beginning with the 2025-2026 school year.          (b)  Section 21.0032, Education Code, as added by this Act,   applies beginning with the 2026-2027 school year.          SECTION 7.  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 September 1, 2025.