By: Toth H.B. No. 4146       A BILL TO BE ENTITLED   AN ACT   relating to the rights of public school educators and assistance   provided 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   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, and except for   days on which the employee may be required to spend time on an   unanticipated duty outside of the instructional day to comply with   a state or federal law.          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;                (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;                (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;                (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 Section 21.416 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.          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;   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.  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 37.002, Education Code, is amended by   amending Subsections (b), (c), and (d) and adding Subsections   (b-2), (e-1), and (f) to read as follows:          (b)  A teacher may remove from class a student who:                (1)  interferes [who has been documented by the teacher   to repeatedly interfere] with the teacher's ability to communicate   effectively with the students in the class or with the ability of   the student's classmates to learn; [or]                (2)  demonstrates [whose] behavior that is unruly,   disruptive, or abusive toward the teacher, another adult, or   another student; or                (3)  engages in conduct that constitutes bullying, as   defined by Section 37.0832 [determines is so unruly, disruptive, or   abusive that it seriously interferes with the teacher's ability to   communicate effectively with the students in the class or with the   ability of the student's classmates to learn].          (b-2)  A teacher, campus behavior coordinator, or other   appropriate administrator shall notify a parent or person standing   in parental relation to a student of the removal of a student under   this section.          (c)  If a teacher removes a student from class under   Subsection (b), the principal may place the student into another   appropriate classroom, into in-school suspension, or into a   disciplinary alternative education program as provided by Section   37.008. The principal may not return the student to that teacher's   class without the teacher's written consent unless the committee   established under Section 37.003 determines that such placement is   the best or only alternative available. The principal may not   return the student to that teacher's class, regardless of the   teacher's consent, until a return to class plan has been prepared   for that student. The principal may only designate an employee of   the school whose primary duties do not include classroom   instruction to create a return to class plan. The terms of the   removal may prohibit the student from attending or participating in   school-sponsored or school-related activity.          (d)  A teacher shall remove from class and send to the   principal for placement in a disciplinary alternative education   program or for expulsion, as appropriate, a student who engages in   conduct described under Section 37.006 or 37.007. The student may   not be returned to that teacher's class without the teacher's   written consent unless the committee established under Section   37.003 determines that such placement is the best or only   alternative available. If the teacher removed the student from   class because the student has engaged in the elements of any offense   listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or   (b)(2)(C) against the teacher, the student may not be returned to   the teacher's class without the teacher's 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.          (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 10.  The following provisions are repealed:                (1)  Section 37.002(e), Education Code; and                (2)  Section 825.4092(f), Government Code.          SECTION 11.  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 12.  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.