88R8667 JES-F     By: Creighton, et al. S.B. No. 9       A BILL TO BE ENTITLED   AN ACT   relating to the rights, certification, and compensation of public   school educators and assistance provided to public schools by the   Texas Education Agency related to public school educators and to   certain allotments under the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.1513, Education Code, is amended by   adding Subsection (l) to read as follows:          (l)  The employment policy must provide that:                (1)  before the beginning of each school year, the   district shall provide a duty calendar for certain professional   staff as required by Section 11.15131; and                (2)  for purposes of determining the amount of a   reduction in the salary of a classroom teacher, full-time   counselor, or full-time librarian for unpaid leave, the employee's   daily rate of pay is computed by dividing the employee's annual   salary by the number of days the employee is expected to work for   that school year as provided by the district's duty calendar   adopted under Section 11.15131.          SECTION 2.  Subchapter D, Chapter 11, Education Code, is   amended by adding Section 11.15131 to read as follows:          Sec. 11.15131.  DUTY CALENDAR FOR CERTAIN PROFESSIONAL   STAFF. (a) In this section, "supplemental duty" means a duty other   than a duty assigned under an employee's contract that is generally   expected to be performed during an instructional day and which may   be governed by an agreement, other than the employee's contract,   between the district and the employee.           (b)  Not later than the 15th day before the first   instructional day of each school year, the board of trustees of a   school district shall adopt and provide to each classroom teacher,   full-time counselor, and full-time librarian employed by the   district a calendar that specifies the days each employee is   expected to work for that school year, including the days on which   the employee is expected to perform supplemental duties for more   than 30 minutes outside of the instructional day.          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.  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.  Sections 21.3521(a), (c), and (e), Education   Code, are amended to read as follows:          (a)  Subject to Subsection (b), a school district or   open-enrollment charter school may designate a classroom teacher as   a master, exemplary, [or] recognized, or accomplished 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 a master teacher   [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).          SECTION 8.  Subchapter I, Chapter 21, Education Code, is   amended by adding Sections 21.416 and 21.417 to read as follows:          Sec. 21.416.  EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT   PROGRAM. (a)  From funds appropriated or otherwise available, the   commissioner shall establish and administer a grant program to   award funds to reimburse a school district 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.          Sec. 21.417.  SALARY INCREASE FOR CLASSROOM TEACHERS. (a)   Notwithstanding any other law, each public school classroom teacher   in this state is entitled to a salary increase in the 2023-2024   school year equal to:                (1)  at least $___________; and                (2)  if the classroom teacher is employed by a school   district with fewer than 20,000 enrolled students, an additional   increase equal to $___________.          (b)  This section expires September 1, 2025.          SECTION 9.  Subchapter J, Chapter 21, Education Code, is   amended by adding Sections 21.466 and 21.467 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.          SECTION 10.  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.          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 rules under Sections 21.903 and 21.905.          (b)  The commissioner shall adopt rules as necessary to   implement this subchapter.          SECTION 11.  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 12.  Sections 37.002(b), (c), and (d), Education   Code, are amended 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   disrespectful toward the teacher or another adult; 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].          (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.          SECTION 13.  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 accomplished   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 accomplished teacher.          SECTION 14.  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 15.  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 16.  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, as added by   Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular   Session, 2021.          SECTION 17.  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 18.  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 19.  (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 48.112(c) and (d) and 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, 2023.