By: Creighton, et al. S.B. No. 27     A BILL TO BE ENTITLED   AN ACT   relating to the rights of public school educators and financial and   other assistance provided to educators and to public schools by the   Texas Education Agency related to public school educators.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.1513, Education Code, is amended by   amending Subsections (d) and (e) and adding Subsection (l) to read   as follows:          (d)  The employment policy must provide that not later than   the fifth [10th] school day before the date on which a district   fills a vacant position for which a certificate or license is   required as provided by Section 21.003, other than a position that   affects the safety and security of students as determined by the   board of trustees, the district must provide to each current   district employee:                (1)  notice of the position by posting the position on:                      (A)  a bulletin board at:                            (i)  a place convenient to the public in the   district's central administrative office; and                            (ii)  the central administrative office of   each campus in the district during any time the office is open; or                      (B)  the district's Internet website, if the   district has a website; and                (2)  a reasonable opportunity to apply for the   position.          (e)  If, during the school year, the district must fill a   vacant position held by a teacher, as defined by Section 21.201, in   less than five [10] school days, the district:                (1)  must provide notice of the position in the manner   described by Subsection (d)(1) as soon as possible after the   vacancy occurs;                (2)  is not required to provide the notice for five [10]   school days before filling the position; and                (3)  is not required to comply with Subsection (d)(2).          (l)  The employment policy must provide that 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.          SECTION 2.  Subchapter B, Chapter 21, Education Code, is   amended by adding Sections 21.0411 and 21.04893 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.          Sec. 21.04893.  BILINGUAL TARGET LANGUAGE PROFICIENCY   TEST.  The board shall propose rules to allow a person seeking   certification under this subchapter who fails to perform   satisfactorily on the Bilingual Target Language Proficiency Test   to:                (1)  retake only the sections of the test that include   the domains on which the person failed to perform satisfactorily;   and                (2)  during a retake of the test described by   Subdivision (1), demonstrate the person's language proficiency   through the completion of fewer components, including eliminating a   component that requires the preparation of a lesson plan for a   person who fails to perform satisfactorily on a domain requiring   completion of that component.          SECTION 3.  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 for 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   or location of employment;                (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 4.  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   or location of employment;                (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 21.210, 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   or location of employment;                (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 21.257, 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 7.  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 money appropriated or otherwise available, the   commissioner shall establish and administer a grant program to   award money 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, 2024, 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, 2024, 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 money 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 money   received under this section to make required payments under Section   825.4092, Government Code.          Sec. 21.417.  ELECTION BY TEACHER TO USE UNPAID LEAVE. The   board of trustees of a school district shall adopt a policy that   provides a classroom teacher employed by the district the option to   elect not to take the teacher's paid personal leave concurrently   with unpaid leave the teacher is entitled to take under the Family   and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for   an absence due to pregnancy or the birth or adoption of a child.          SECTION 8.  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 money   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 money 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 money   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;                (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; and                (3)  studying how to reduce and streamline the tasks   and duties a teacher is required to perform.          (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 from school districts and open-enrollment   charter schools to address teacher retention and recruitment,   including the classifications, grade levels, subject areas,   duration, and other relevant information regarding vacant teaching   positions at districts and schools.  The data may be collected   through the Public Education Information Management System (PEIMS)   or another electronic reporting mechanism specified by the agency.          SECTION 9.  Section 26.011, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  A grievance procedure adopted under Subsection (a) must   require that, for a complaint filed against a teacher or other   employee, the school district provide:                (1)  notice of the complaint to the teacher or employee   against whom the complaint was filed; and                (2)  sufficient opportunity for the teacher or employee   against whom the complaint was filed to submit a written response to   the complaint to be included in the record.          SECTION 10.  Section 37.002, Education Code, is amended by   amending Subsections (b), (c), and (d) and adding Subsections   (b-2), (b-3), (c-1), (c-2), (e-1), (e-2), and (f) to read as   follows:          (b)  A teacher may remove from class a student who:                (1)  repeatedly 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.          (b-3)  Subject to Sections 28.0022(a)(2) and (d), a teacher   may remove a student from class under Subsection (b) of this section   based on a single incident of behavior described by Subsection   (b)(1), (2), or (3).          (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 and, not later than the third   class day after the day on which the student was removed from class,   a conference in which the teacher has been provided an opportunity   to participate has been held in accordance with Section 37.009(a).   The principal may not return the student to that teacher's class   unless the teacher provides written consent for the student's   return or 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.          (c-1)  A return to class plan required under Subsection (c)   must be created before or at the conference described by that   subsection.  A plan created before the conference must be discussed   at the conference.          (c-2)  The commissioner shall adopt a model return to class   plan for use by a school district in creating a return to class plan   for a student under Subsection (c).          (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 and a conference in which the teacher has   been provided an opportunity to participate has been held in   accordance with Section 37.009(a). 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 written    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.          (e-2)  The principal, campus behavior coordinator, or other   appropriate administrator shall, at the conference required under   Section 37.009(a), notify a student who has been removed from class   under this section and the parent of or person standing in parental   relation to the student of the student's right to appeal under   Subsection (e-1).          (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 11.  Section 37.115(c), Education Code, as amended   by Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the 88th   Legislature, Regular Session, 2023, is reenacted and amended to   read as follows:          (c)  The board of trustees of each school district shall   establish a threat assessment and safe and supportive school team   to serve at each campus of the district and shall adopt policies and   procedures for the teams. The team is responsible for developing   and implementing the safe and supportive school program under   Subsection (b) at the district campus served by the team. The   policies and procedures adopted under this section must:                (1)  be consistent with the model policies and   procedures developed by the Texas School Safety Center;                (2)  require each team to complete training provided by   the Texas School Safety Center or a regional education service   center regarding evidence-based threat assessment programs;                (3)  require each team established under this section   to report the information required under Subsection (k) regarding   the team's activities to the agency; [and]                (4)  provide for:                      (A)  a district employee who reports a potential   threat to a team to elect for the employee's identity to be   confidential and not subject to disclosure under Chapter 552,   Government Code, except as necessary for the team, the district, or   law enforcement to investigate the potential threat; and                      (B)  the district to maintain a record of the   identity of a district employee who elects for the employee's   identity to be confidential under Paragraph (A);                (5) [(4)]  require each district campus to establish a   clear procedure for a student to report concerning behavior   exhibited by another student for assessment by the team or other   appropriate school employee; and                (6)  require that, as soon as safe and practicable   after an administrator or team for a district campus receives   information regarding a threat made against that campus, including   through social media, the administrator or team immediately provide   to each member of the teaching staff, including teacher's aides,   who may be directly affected by the threat notice that includes:                      (A)  a statement of the existence of the threat;                      (B)  the nature of the threat; and                      (C)  any other pertinent details to ensure student   and staff safety.          SECTION 12.  Section 825.4092(f), Government Code, is   repealed.          SECTION 13.  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 14.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 15.  Sections 11.1513(d) and (e), Education Code, as   amended by this Act, apply beginning with the 2025-2026 school   year.          SECTION 16.  Section 21.417, Education Code, as added by   this Act, applies beginning with the 2025-2026 school year.          SECTION 17.  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.