By: Dutton H.B. No. 11       A BILL TO BE ENTITLED   AN ACT   relating to the rights, certification, and compensation of public   school educators, including financial and other 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 19.009(d-2), Education Code, is amended   to read as follows:          (d-2)  Beginning with the 2009-2010 school year, the   district shall increase the [monthly] salary of each classroom   teacher, full-time speech pathologist, full-time librarian,   full-time school counselor certified under Subchapter B, Chapter   21, and full-time school nurse employed by the district by the   greater of:                (1)  $80 per month; or                (2)  the maximum uniform amount per month that, when   combined with any resulting increases in the amount of   contributions made by the district for social security coverage for   the specified employees or by the district on behalf of the   specified employees under Section 825.405, Government Code, may be   provided using an amount equal to the product of $60 multiplied by   the number of students in weighted average daily attendance in the   district during the 2009-2010 school year.          SECTION 2.  Section 21.044, Education Code, is amended by   adding Subsection (h) to read as follows:          (h)  In this subsection, "three-cueing" means a method of   reading instruction for identification of words by which a student   is encouraged to draw on context and sentence structure to identify   a word without sounding the word out or using a phonics-based   approach.  An educator preparation program, including an educator   preparation program offered by an institution of higher education,   as defined by Section 61.003:                (1)  may not include instruction that incorporates the   reading instruction method of three-cueing; and                (2)  must include instruction on the science of   teaching reading.          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)  the teacher, or a close family member of the   teacher, developing a serious illness or experiencing a significant   change in health condition;                (2)  the teacher relocating because the teacher's   spouse or a partner who resides with the teacher changes employers;                (3)  the needs of the teacher's family changing   significantly 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 reasonably believing that the teacher   received written permission from the school district 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)  the teacher, or a close family member of the   teacher, developing a serious illness or experiencing a significant   change in health condition;                (2)  the teacher relocating because the teacher's   spouse or a partner who resides with the teacher changes employers;                (3)  the needs of the teacher's family changing   significantly 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 reasonably believing that the teacher   received written permission from the school district 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)  the teacher, or a close family member of the   teacher, developing a serious illness or experiencing a significant   change in health condition;                (2)  the teacher relocating because the teacher's   spouse or a partner who resides with the teacher changes employers;                (3)  the needs of the teacher's family changing   significantly 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 reasonably believing that the teacher   received written permission from the school district to resign.          SECTION 6.  Sections 21.3521(a), (c), (e), and (i),   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 effective 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 of local optional teacher   designation systems; and                (3)  applying the performance and validity standards   established by the commissioner under Subsection (b).          (i)  The commissioner may adopt fees to implement this   section. A fee adopted by the agency under this section:                (1)  is not subject to Sections 2001.0045 and   2001.0221, Government Code; and                (2)  may be used to develop and provide technical   assistance for school districts and open-enrollment charter   schools under Subsection (e).          SECTION 7.  Subchapter H, Chapter 21, Education Code, is   amended by adding Section 21.3522 to read as follows:          Sec. 21.3522.  LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM   GRANT PROGRAM. (a)  From funds appropriated or otherwise available   for the purpose, the agency shall establish and administer a grant   program to provide money and technical assistance to eligible   school districts and open-enrollment charter schools to:                (1)  expand implementation of local optional teacher   designation systems under Section 21.3521; and                (2)  increase the number of classroom teachers eligible   for a designation under that section.          (b)  A grant awarded under this section must:                (1)  meet the needs of individual school districts;                (2)  enable regional leadership capacity;                (3)  provide centralized support for the analysis of   the results of assessment instruments administered to district   students; and                (4)  facilitate effective communication on and   promotion of local optional teacher designation systems.          (c)  The commissioner shall adopt rules to establish and   administer the grant program under this section.          SECTION 8.  Section 21.402, Education Code, is amended by   amending Subsections (a) and (g) and adding Subsections (a-1),   (c-2), (i), (j), (k), and (l) to read as follows:          (a)  Except as provided by Subsection (c-2) [(e-1) or (f)], a   school district must pay each employee who is employed as a   classroom teacher, full-time librarian, full-time school counselor   certified under Subchapter B, or full-time school nurse not less   than the highest annual minimum [minimum monthly] salary described   by the following schedule applicable to [, based on] the employee's   certification, if any, and years [level] of experience:                (1)  for an employee with less than five years of   experience who holds:                      (A)  no certification $35,000;                      (B)  a teacher intern, teacher trainee, or   probationary certificate issued under Subchapter B, Chapter   21.$37,000;                      (C)  the base certificate required under Section   21.003(a) for employment in the employee's position other than a   certificate described by Paragraph (B) $40,000;                      (D)  the certificate described by Paragraph (C)   and a residency educator certificate issued under Section   21.905 $43,000; or                      (E)  any certificate under this subsection and a   designation under Section 21.3521 $43,000;                (2)  for an employee with at least five years of   experience who holds:                      (A)  no certification $45,000;                      (B)  a teacher intern, teacher trainee, or   probationary certificate issued under Subchapter B, Chapter   21 $47,000;                      (C)  the base certificate required under Section   21.003(a) for employment in the employee's position other than a   certificate described by Paragraph (B) $50,000; or                      (D)  any certificate described under this   subsection and a designation under Section 21.3521 $53,000; or                (3)  for an employee with at least 10 years of   experience who holds:                      (A)  no certification $55,000;                      (B)  a teacher intern, teacher trainee, or   probationary certificate issued under Subchapter B, Chapter   21 $57,000;                      (C)  the base certificate required under Section   21.003(a) for employment in the employee's position $60,000; or                      (D)  any certificate described under this   subsection and a designation under Section 21.3521 . . . $63,000    [in addition to other factors, as determined by commissioner rule,   determined by the following formula:   [MS = SF x FS   [where:          ["MS" is the minimum monthly salary;          ["SF" is the applicable salary factor specified by Subsection   (c); and          ["FS" is the amount, as determined by the commissioner under   Subsection (b), of the basic allotment as provided by Section   48.051(a) or (b) for a school district with a maintenance and   operations tax rate at least equal to the state maximum compressed   tax rate, as defined by Section 48.051(a)].          (a-1)  For purposes of Subsection (a), a full-time school   nurse is considered to hold the base certificate required under   Section 21.003(a) for employment as a school nurse, regardless of   the other certifications held by the nurse.          (c-2)  A school district is not required to pay an employee   who is employed as a classroom teacher, full-time librarian,   full-time school counselor certified under Subchapter B, or a   full-time school nurse the minimum salary required under Subsection   (a) for the school year following a school year during which the   district reviews the employee's performance and finds the   employee's performance unsatisfactory.          (g)  The commissioner may adopt rules to govern the   application of this section, including rules that:                (1)  require the payment of a minimum salary under this   section to a person employed in more than one capacity for which a   minimum salary is provided and whose combined employment in those   capacities constitutes full-time employment; and                (2)  specify the credentials a person must hold to be   considered a [speech pathologist or] school nurse under this   section.          (i)  A school district or open-enrollment charter school   must use at least 50 percent of the difference between what the   district or school would have paid under Section 825.405,   Government Code, based on the salaries paid under this section as it   existed on January 1, 2023, and what the district or school pays   under Section 825.405, Government Code, based on the salaries paid   under this section as it exists after September 1, 2023, to increase   the average total compensation per district or school employee   employed as a classroom teacher, full-time librarian, full-time   school counselor certified under Subchapter B, Chapter 21, or a   full-time school nurse.  In calculating average total compensation   per district or school employee under this subsection, a district   or school may not include compensation paid to a classroom teacher,   full-time librarian, full-time school counselor certified under   Subchapter B, or full-time school nurse in a position added by the   school district for the current school year that increases the   ratio of those employees to enrolled students over the ratio of   those employees to enrolled students for the preceding year.          (j)  A school district that increases employee compensation   in the 2023-2024 school year to comply with Subsection (a), as   amended by _.B. ___, Acts of the 88th Legislature, Regular Session,   2023, is providing compensation for services rendered   independently of an existing employment contract applicable to that   year and is not in violation of Section 53, Article III, Texas   Constitution. A school district that does not meet the   requirements of Subsection (a) in the 2023-2024 school year may   satisfy the requirements of this section by providing an employee a   one-time bonus payment during the 2024-2025 school year in an   amount equal to the difference between the compensation earned by   the employee during the 2023-2024 school year and the compensation   the employee should have received during that school year if the   district had complied with Subsection (a).          (k)  Notwithstanding the minimum annual salary schedule   under Subsection (a), a school district that increases the amount a   classroom teacher, full-time librarian, full-time school counselor   certified under Subchapter B, or a full-time school nurse is   compensated during the 2023-2024 school year by at least $8,000   more than the amount the employee was compensated during the   2022-2023 school year complies with the requirements of this   section for the 2023-2024 school year.          (l)  Subsections (i), (j), and (k) and this subsection expire   September 1, 2025.          SECTION 9.  The heading to Section 21.403, Education Code,   is amended to read as follows:          Sec. 21.403.  DETERMINATION OF YEARS OF EXPERIENCE   [PLACEMENT ON MINIMUM SALARY SCHEDULE].          SECTION 10.  Sections 21.403(b) and (c), Education Code, are   amended to read as follows:          (b)  For each year of work experience required for   certification in a career or technological field, up to a maximum of   two years, a certified career or technology education teacher is   entitled to [salary step] credit as if the work experience were   teaching experience.          (c)  The commissioner shall adopt rules for determining the   experience for which a teacher, librarian, school counselor, or   nurse is to be given credit for purposes of the minimum salary   schedule under Section 21.402(a) [in placing the teacher,   librarian, school counselor, or nurse on the minimum salary   schedule].  A district shall credit the teacher, librarian, school   counselor, or nurse for each year of experience without regard to   whether the years are consecutive.          SECTION 11.  Subchapter I, Chapter 21, Education Code, is   amended by adding Section 21.416 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 or open-enrollment   charter school that hires a teacher who retired before September 1,   2022, 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, 2022, before which a teacher   must have retired for a school district or open-enrollment charter   school that hires the teacher to be eligible; or                (2)  limiting eligibility to a school district or   open-enrollment charter school 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 and open-enrollment charter   schools 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 or open-enrollment charter school may   use funds received under this section to make required payments   under Section 825.4092, Government Code.          SECTION 12.  Section 21.4552(d), Education Code, is amended   to read as follows:          (d)  From funds appropriated for that purpose, a teacher who   attends a literacy achievement academy is entitled to receive a   stipend in the amount determined by the commissioner.  A stipend   received under this subsection is not considered in determining   whether a school district is paying the teacher the minimum   [monthly] salary under Section 21.402.          SECTION 13.  Section 21.4553(d), Education Code, is amended   to read as follows:          (d)  From funds appropriated for that purpose, a teacher who   attends a mathematics achievement academy is entitled to receive a   stipend in the amount determined by the commissioner.  A stipend   received under this subsection is not considered in determining   whether a district is paying the teacher the minimum [monthly]   salary under Section 21.402.          SECTION 14.  Section 21.4555(f), Education Code, is amended   to read as follows:          (f)  From funds available for that purpose, a teacher who   attends a civics training program may receive a stipend in an amount   determined by the commissioner.  A stipend received under this   section is not included in determining whether a district is paying   the teacher the minimum [monthly] salary under Section 21.402.          SECTION 15.  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.  ADDITIONAL UNCOMPENSATED TRAINING PROHIBITED;   EXCEPTIONS. Notwithstanding any other law, a classroom teacher may   not be required to complete hours of a continuing education or other   training in a school year in excess of the hours required of   classroom teachers per school year as of January 1, 2023.  A school   district or open-enrollment charter school may not suspend or   terminate the employment of a teacher or take other adverse   employment action against the teacher based on the teacher's   refusal to complete additional hours of continuing education or   training in excess of the hours required of classroom teachers on   January 1, 2023, unless:                (1)  the teacher:                      (A)  is compensated for time spent completing the   additional education or training; and                      (B)  is not required to complete the additional   education or training while participating in a local professional   development activity provided for a purpose other than the   education or training; or                (2)  the hours of additional education or training is   offset by the elimination of the same or a greater number of   required education or training hours in the following school year.          SECTION 16.  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)  "Mentor 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 by the board 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)  ensure a school district or open-enrollment   charter school with which an educator preparation program partners   under this subchapter meets the requirements for participating   districts and schools under Section 21.904.          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 mentor   teacher;                (2)  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)  mentor teachers who are paired with   partnership residents at the district or school;                (3)  pay at least 50 percent of the compensation paid to   partnership residents using money other than money received under   Section 48.157; and                (4)  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 mentor 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 partnership resident who has   successfully completed the program.  The rules may not require the   resident to pass a pedagogy examination unless the examination   tests subject-specific content appropriate for the grade and   subject area for which the candidate seeks certification.          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; NEGOTIATED RULEMAKING. (a)  The board   shall propose rules necessary to implement this subchapter,   including, subject to Subsection (b), rules under Sections 21.903   and 21.905.          (b)  Before the board submits to the State Board of Education   for approval under Section 21.042 any proposed rule related to the   implementation of Section 21.903 or 21.905, the board must use   negotiated rulemaking procedures under Chapter 2008, Government   Code, including the appointment to a negotiated rulemaking   committee of persons representing institutions of higher   education, as defined by Section 61.003.          (c)  The commissioner shall adopt rules as necessary to   implement this subchapter after considering the recommendations of   the negotiated rulemaking committee appointed under Subsection   (b).          SECTION 17.  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 18.  Section 30.102(b), Education Code, is amended   to read as follows:          (b)  A classroom teacher, full-time librarian, full-time   school counselor certified under Subchapter B, Chapter 21, or   full-time school nurse employed by the department is entitled to   receive as a minimum salary the [monthly] salary specified by   Section 21.402. A classroom teacher, full-time librarian,   full-time school counselor, or full-time school nurse may be paid,   from funds appropriated to the department, a salary in excess of the   minimum specified by that section, but the salary may not exceed the   rate of pay for a similar position in the public schools of an   adjacent school district.          SECTION 19.  Section 33.009(h), Education Code, is amended   to read as follows:          (h)  From funds appropriated for that purpose, a school   counselor who attends the academy under this section is entitled to   receive a stipend in the amount determined by the coordinating   board.  If funds are available after all eligible school counselors   have received a stipend under this subsection, the coordinating   board shall pay a stipend in the amount determined by the   coordinating board to a teacher who attends the academy under this   section. A stipend received under this subsection is not   considered in determining whether a district is paying the school   counselor or teacher the minimum [monthly] salary under Section   21.402.          SECTION 20.  Section 48.051, Education Code, is amended by   amending Subsections (a) and (c) and adding Subsections (c-3) and   (c-4) to read as follows:          (a)  For each student in average daily attendance, not   including the time students spend each day in special education   programs in an instructional arrangement other than mainstream or   career and technology education programs, for which an additional   allotment is made under Subchapter C, a district is entitled to an   allotment equal to [the lesser of $6,160 or] the amount that results   from the following formula:   A = B [$6,160] X TR/MCR   where:          "A" is the allotment to which a district is entitled;          "B" is the base amount, which equals the greater of:                (1)  $6,210;                (2)  an amount equal to the district's base amount under   this section for the preceding school year; or                (3)  the amount appropriated under Subsection (b);          "TR" is the district's tier one maintenance and operations   tax rate, as provided by Section 45.0032; and          "MCR" is the district's maximum compressed tax rate, as   determined under Section 48.2551.          (c)  During any school year for which the value of "A"   determined [maximum amount of the basic allotment provided] under   Subsection (a) [or (b)] is greater than the value of "A" [maximum   amount provided] for the preceding school year, a school district   must use at least 50 [30] percent of the amount[, if the amount is   greater than zero,] that equals the product of the average daily   attendance of the district multiplied by the difference in the   value of "A" [ amount of the difference between the district's   funding under this chapter per student in average daily attendance]   for the current school year and the value of "A" for the preceding   school year to increase the average total compensation per employee   employed by the district as [provide compensation increases to   full-time district employees other than administrators as follows:                [(1)  75 percent must be used to increase the   compensation paid to] classroom teachers, full-time librarians,   full-time school counselors certified under Subchapter B, Chapter   21, and full-time school nurses [, prioritizing differentiated   compensation for classroom teachers with more than five years of   experience; and                [(2)  25 percent may be used as determined by the   district to increase compensation paid to full-time district   employees]. In calculating average total compensation per employee   under this subsection, a school district may not consider   compensation paid to a district employee employed in a position   described by this subsection added by the school district for the   current school year that increases the ratio of those employees to   the students enrolled in the district compared to the preceding   school year.          (c-3)  If a school district increases employee compensation   in a school year to comply with Subsection (c), as amended by _.B.   ___, Acts of the 88th Legislature, Regular Session, 2023, the   district is providing compensation for services rendered   independently of an existing employment contract applicable to that   year and is not a violation of Section 53, Article III, Texas   Constitution.          (c-4)  A school district that does not meet the requirements   of Subsection (c) during a school year may satisfy the requirements   of this section by providing an employee a one-time bonus payment   during the following school year in an amount equal to the   difference between the compensation earned by the employee and the   compensation the employee should have received during the school   year if the district had complied with Subsection (c).          SECTION 21.  Section 48.101, Education Code, is amended to   read as follows:          Sec. 48.101.  SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)   Small and mid-sized districts are entitled to an annual allotment   in accordance with this section. In this section:                (1)  "AA" is the district's annual allotment per   student in average enrollment [daily attendance];                (2)  "E" ["ADA"] is the average number of students   enrolled in the school district [in average daily attendance for   which the district is entitled to an allotment under Section   48.051]; and                (3)  "BA" is the basic allotment determined for a   student in average daily attendance under Section 48.051.          (b)  A school district that has fewer than 1,600 students in   average enrollment [daily attendance] is entitled to an annual   allotment for each enrolled student [in average daily attendance]   based on the following formula:   AA = ((1,600 - E [ADA]) X __________[.0004]) X BA          (c)  A school district that offers a kindergarten through   grade 12 program and has less than 5,000 students in average   enrollment [daily attendance] is entitled to an annual allotment   for each enrolled student [in average daily attendance] based on   the formula, of the following formulas, that results in the   greatest annual allotment:                (1)  the formula in Subsection (b), if the district is   eligible for that formula; or                (2)  AA = ((5,000 - E [ADA]) X __________[.000025]) X   BA.          (d)  Instead of the allotment under Subsection (b) or (c)(1),   a school district that has fewer than 300 students in average   enrollment [daily attendance] and is the only school district   located in and operating in a county is entitled to an annual   allotment for each enrolled student [in average daily attendance]   based on the following formula:   AA = ((1,600 - E [ADA]) X __________[.00047]) X BA          SECTION 22.  Sections 48.112(c) and (d), Education Code, are   amended to read as follows:          (c)  For each classroom teacher with a teacher designation   under Section 21.3521 employed by a school district, the school   district is entitled to an allotment equal to the following   applicable base amount increased by the high needs and rural factor   as determined under Subsection (d):                (1)  $12,000, or an increased amount not to exceed   $36,000 [$32,000] as determined under Subsection (d), for each   master teacher;                (2)  $9,000 [$6,000], or an increased amount not to   exceed $25,000 [$18,000] as determined under Subsection (d), for   each exemplary teacher; [and]                (3)  $5,000 [$3,000], or an increased amount not to   exceed $15,000 [$9,000] as determined under Subsection (d), for   each recognized teacher; and                (4)  $3,000, or an increased amount not to exceed   $9,000 as determined under Subsection (d), for each effective   teacher.          (d)  The high needs and rural factor is determined by   multiplying the following applicable amounts by the average of the   point value assigned to each student at a district campus under   Subsection (e):                (1)  $6,000 [$5,000] for each master teacher;                (2)  $4,000 [$3,000] for each exemplary teacher; [and]                (3)  $2,500 [$1,500] for each recognized teacher; and                (4)  $1,500 for each effective teacher.          SECTION 23.  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 24.  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:                (1)  "Partnership program" and "partnership resident"   have the meanings assigned by Section 21.901.                (2)  "Rural campus" has the meaning assigned by Section   48.112.          (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 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 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 25.  Subchapter F, Chapter 48, Education Code, is   amended by adding Section 48.280 to read as follows:          Sec. 48.280.  SALARY TRANSITION ALLOTMENT. (a) In the   2023-2024 and 2024-2025 school years, a school district is entitled   to receive an annual salary transition allotment equal to the   difference, if that amount is greater than zero, between:                (1)  the amount calculated under Subsection (b); and                (2)  the amount calculated under Subsection (c).          (b)  The agency shall calculate a school district's value for   Subsection (a)(1) by determining the difference in the amount the   district must pay in compensation to employees on the minimum   salary schedule under Section 21.402, as amended by  _.B. ___, Acts   of the 88th Legislature, Regular Session, 2023, from the amount   paid in compensation to employees on the minimum salary schedule   under that section as effective in the 2022-2023 school year, less   the difference between:                (1)  the amount of employer contributions under Section   825.4035, Government Code, and Section 1575.203, Insurance Code,   the district paid in the 2022-2023 school year for employees on the   minimum salary schedule under Section 21.402; and                (2)  the amount the district would have paid in   employer contributions under Section 825.4035, Government Code,   and Section 1575.203, Insurance Code, in the 2022-2023 school year   for employees on the minimum salary schedule if the changes made to   Section 21.402 by _.B. ___, Acts of the 88th Legislature, Regular   Session, 2023, had been in effect.          (c)  The agency shall calculate a school district's value for   Subsection (a)(2) by determining the total maintenance and   operations revenue for the current school year less the total   maintenance and operations revenue that would have been available   to the district using the basic allotment formula provided by   Section 48.051 and the small and mid-sized allotment formulas   provided by Section 48.101 as those sections existed on January 1,   2023.          (d)  Before making a final determination of the amount of an   allotment to which a school district is entitled under this   section, the agency shall ensure each school district has an   opportunity to review and submit revised information to the agency   for purposes of calculating the values under Subsection (a).          (e)  A school district is entitled to an allotment in an   amount equal to:                (1)  for the 2026-2027 school year, two-thirds of the   value determined under Subsection (a); and                (2)  for the 2027-2028 school year, one-third of the   value determined under Subsection (a).          (f)  A school district is not entitled to an allotment under   this section in the 2028-2029 school year or a later school year.          (g)  This section expires September 1, 2029.          SECTION 26.  The following provisions are repealed:                (1)  Section 21.042, Education Code;                (2)  Sections 21.402(b), (c), (c-1), (f), and (h),   Education Code;                (3)  Sections 21.403(a) and (d), Education Code;                (4)  Section 48.114(b), Education Code;                (5)  Subchapter Q, Chapter 21, Education Code; and                (6)  Section 825.4092(f), Government Code, as added by   Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular   Session, 2021.          SECTION 27.  Section 21.3521, Education Code, as amended by   this Act, does not affect a teacher designation made under that   section before the effective date of this Act. A teacher   designation made under Section 21.3521, Education Code, and funding   provided to a school district under Section 48.112, Education Code,   for a teacher with that designation before the effective date of   this Act are governed by the law in effect on the date the   designation was made, and the former law is continued in effect for   that purpose.          SECTION 28.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect immediately if this Act receives a   vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, the   entirety of this Act takes effect September 1, 2023.          (b)  Sections 48.051, 48.101, 48.112(c) and (d), and 48.114,   Education Code, as amended by this Act, and Sections 48.157,   48.158, and 48.280, Education Code, as added by this Act, take   effect September 1, 2023.