By: Creighton, Parker  S.B. No. 26          (In the Senate - Filed February 18, 2025;   February 18, 2025, read first time and referred to Committee on   Education K-16; February 24, 2025, reported adversely, with   favorable Committee Substitute by the following vote:  Yeas 11,   Nays 0; February 24, 2025, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 26 By:  Middleton     A BILL TO BE ENTITLED   AN ACT     relating to public education, including the rights and compensation   of public school educators and funding for teacher compensation   under the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.3521, Education Code, is amended by   amending Subsections (a) and (e) and adding Subsections (d-1) and   (d-2) 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 acknowledged 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.          (d-1)  Each school year, the commissioner shall, using   criteria developed by the commissioner, designate as enhanced   teacher incentive allotment schools school districts and   open-enrollment charter schools that implement comprehensive   school evaluation and support systems. The criteria developed by   the commissioner must require a district or school to:                (1)  for principals and assistant principals,   implement:                      (A)  a strategic evaluations system aligned with   the district's or school's teacher designation system; and                      (B)  a compensation system based on performance;                (2)  ensure that under the district's or school's   teacher designation system substantially all classroom teachers,   regardless of the grade level or subject area to which the teacher   is assigned, are eligible to earn a designation under Subsection   (a);                (3)  implement for all instructional staff a   compensation plan based on performance that:                      (A)  uses a salary schedule that differentiates   among instructional staff based on staff appraisals; and                      (B)  does not include across-the-board salary   increases for instructional staff except for periodic changes to   the district's or school's salary schedule to adjust for   significant inflation; and                (4)  implement a locally designed plan to place highly   effective teachers at high needs campuses and in accordance with   Section 28.0062(a)(3).          (d-2)  The commissioner may remove a school district's or   open-enrollment charter school's designation under Subsection   (d-1) if the commissioner determines the district or school no   longer meets the criteria for the designation.          (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 or models of local optional   teacher designation systems to reduce the time required for a   district or school to implement a teacher designation system;                (3)  establishing partnerships between districts and   schools that request assistance and districts and schools that have   implemented a teacher designation system;                (4)  applying the performance and validity standards   established by the commissioner under Subsection (b);                (5)  providing centralized support for the analysis of   the results of assessment instruments administered to district   students; and                (6)  facilitating effective communication on and   promotion of local optional teacher designation systems.          SECTION 2.  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:                (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; and                (2)  enable regional leadership capacity.          (c)  The commissioner may adopt rules as necessary to   implement this section.          SECTION 3.  Subchapter I, Chapter 21, Education Code, is   amended by adding Section 21.417 to read as follows:          Sec. 21.417.  RESOURCES, INCLUDING LIABILITY INSURANCE, FOR   CLASSROOM TEACHERS. (a)  From funds appropriated or otherwise   available for the purpose, the agency shall contract with a third   party to provide the following services for a classroom teacher   employed under a probationary, continuing, or term contract:                (1)  assistance in understanding the teacher's rights,   duties, and benefits; and                (2)  liability insurance to protect a teacher against   liability to a third party based on conduct that the teacher   allegedly engaged in during the course of the teacher's duties.          (b)  A school district may not interfere with a classroom   teacher's access to services provided under this section.          (c)  A contract entered into by the agency to provide   services under Subsection (a) must prohibit the entity with which   the agency contracts from using funds received under the contract   to engage in:                (1)  conduct that a state agency using appropriated   money is prohibited from engaging in under Chapter 556, Government   Code; and                (2)  political activities or advocate for issues   regarding public schools, including for boards of trustees of   school districts or school districts.          (d)  This section may not be interpreted to interfere with a   classroom teacher's or other school district employee's exercise of   a right protected by the First Amendment to the United States   Constitution.          SECTION 4.  The heading to Section 22.001, Education Code,   is amended to read as follows:          Sec. 22.001.  SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER   DUES.          SECTION 5.  Sections 22.001(a) and (b), Education Code, are   amended to read as follows:          (a)  A school district employee is entitled to have an amount   deducted from the employee's salary for membership fees or dues to a   professional organization or an entity providing services to   classroom teachers under Section 21.417. The employee must:                (1)  file with the district a signed written request   identifying the organization or entity [and specifying the number   of pay periods per year the deductions are to be made]; and                (2)  inform the district of the total amount of the fees   and dues for each year or have the organization or entity notify the   district of the amount.          (b)  The district shall deduct the total amount of the fees   or dues for a year in equal amounts per pay period [for the number of   periods specified by the employee]. The district shall notify the   employee not later than the 45th day after the district receives a   request under Subsection (a) of the number of pay periods annually   from which the district will deduct the fees or dues. The   deductions shall be made until the employee requests in writing   that the deductions be discontinued.          SECTION 6.  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 7.  Section 48.112, Education Code, is amended by   amending Subsections (c), (d), and (i) and adding Subsection (g-1)   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 acknowledged   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 acknowledged teacher.          (g-1)  For a district that is designated as an enhanced   teacher incentive allotment school under Section 21.3521(d-1), the   commissioner shall increase the amount to which the district is   entitled under this section by multiplying that amount by 1.1.          (i)  A district shall annually certify that:                (1)  funds received under this section were used as   follows:                      (A)  at least 90 percent of each allotment   received under Subsection (c) was used for the compensation of   teachers employed at the campus at which the teacher for whom the   district received the allotment is employed; [and]                      (B)  for a district whose allotment was increased   under Subsection (g-1), the amount by which the allotment was   increased under that subsection was used to meet the criteria to   maintain a designation as an enhanced teacher incentive allotment   school under Section 21.3521(d-1); and                      (C)  any other funds received under this section   were used for costs associated with implementing Section 21.3521,   including efforts to support teachers in obtaining designations;   and                (2)  the district prioritized high needs campuses in   the district in using funds received under this section.          SECTION 8.  Subchapter D, Chapter 48, Education Code, is   amended by adding Section 48.158 to read as follows:          Sec. 48.158.  TEACHER RETENTION ALLOTMENT.  (a) In this   section, "classroom teacher" has the meaning assigned by Section   5.001, except that the term also includes a person who is not   required to hold a certificate issued under Subchapter B, Chapter   21, who otherwise meets the definition of a classroom teacher under   that section.          (b)  A school district is entitled to an annual allotment for   each classroom teacher employed by the district for which the   allotment is provided as follows:                (1)  if the district has 5,000 or fewer students   enrolled for the school year:                      (A)  $5,000 for each classroom teacher who has at   least three but less than five years of teaching experience; and                      (B)  $10,000 for each classroom teacher who has   five or more years of teaching experience; and                (2)  if the district has more than 5,000 students   enrolled for the school year:                      (A)  $2,500 for each classroom teacher who has at   least three but less than five years of teaching experience; and                      (B)  $5,500 for each classroom teacher who has   five or more years of teaching experience.          (b-1)  In addition to the amount under Subsection (b)(2), a   school district described by that subdivision is entitled to an   allotment in the amount equal to $7,000 multiplied by the result of   dividing 5,000 by 14.5 if the school district received an allotment   in a previous school year under Subsection (b)(1).          (c)  For the 2025-2026 school year, a school district shall   use money received under Subsection (b) to increase the salary   provided to each classroom teacher for which the district is   entitled to funding under Subsection (b) for that year over the   salary the teacher received or would have received if employed by   the district in the 2024-2025 school year by at least the amount   received per classroom teacher under Subsection (b).          (d)  For the 2026-2027 and each subsequent school year, a   school district shall use money received under Subsection (b) to   maintain the salary increases for classroom teachers provided under   Subsection (c).  Any additional funding generated for a school   district under this section may only be used for the compensation of   classroom teachers employed by the district who have three or more   years of experience.          (e)  Notwithstanding any other law, the commissioner shall   exclude the funding to which a school district is entitled under   this section for purposes of:                (1)  determining the amount by which the district must   reduce the district's tier one revenue level under Section 48.257;   and                (2)  calculating a school district's maintenance and   operations revenue under Section 48.277(a).          SECTION 9.  Section 21.3521(c) and Sections 48.051(c),   (c-1), (c-2), and (d), Education Code, are repealed.          SECTION 10.  Immediately following the effective date of   this Act, a school district or open-enrollment charter school shall   redesignate a teacher who holds a designation made under Section   21.3521, Education Code, before the effective date of this Act, to   reflect the teacher's designation under Section 21.3521, Education   Code, as amended by this Act. Funding provided to a school district   under Section 48.112, Education Code, for a teacher who held a   designation made under Section 21.3521, Education Code, as that   section existed immediately before the effective date of this Act,   shall be increased to reflect the teacher's redesignation under   Section 21.3521, Education Code, as amended by this Act.          SECTION 11.  (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, 2025.          (b)  Sections 48.112(c) and (d), Education Code, as amended   by this Act, and Section 48.158, Education Code, as added by this   Act, take effect September 1, 2025.     * * * * *