Bill Text: TX HB11 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the rights and certification of public school educators, including financial and other assistance and waivers provided to public schools by the Texas Education Agency related to public school educators, methods of instruction provided in public schools, and certain allotments under the Foundation School Program.

Spectrum: Slight Partisan Bill (Republican 14-6)

Status: (Engrossed - Dead) 2023-05-11 - Left pending in committee [HB11 Detail]

Download: Texas-2023-HB11-Comm_Sub.html

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88R22099 JES-F
By: Dutton, Harless, Buckley, et al. H.B. No. 11
Substitute the following for H.B. No. 11:
By: Buckley C.S.H.B. No. 11

A BILL TO BE ENTITLED
AN ACT
relating to the rights and certification of public school
educators, including financial and other assistance provided to
public schools by the Texas Education Agency related to public
school educators, methods of reading instruction in public schools,
certain allotments providing for compensation for certain public
school teachers under the Foundation School Program, and rules
adopted by the State Board for Educator Certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.010 to read as follows:
Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
shall collect data from school districts and open-enrollment
charter schools for the recruitment and retention of classroom
teachers, including the classification, grade level, subject area,
duration, and other relevant information regarding vacant teaching
positions in a district or school. The data may be collected using
the Public Education Information Management System (PEIMS) or
another reporting mechanism specified by the agency.
SECTION 2. Section 21.041, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) Before the board proposes a rule under this section or
any other law, the board must use negotiated rulemaking procedures
under Chapter 2008, Government Code. For a proposed rule the board
shall determine if it is necessary to appoint to the negotiated
rulemaking committee a person to represent the persons affected by
the proposed rule.
SECTION 3. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0411 to read as follows:
Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
Section 21.041(c), the board shall, for a person applying for a
certification to teach established under this subchapter, waive:
(1) a certification examination fee imposed by the
board for the first administration of the examination to the
person; and
(2) a fee associated with the application for
certification by the person.
(b) The board shall pay to a vendor that administers a
certification examination required for certification to teach
under this subchapter a fee assessed by that vendor for the
examination of a person applying for a certification to teach
established under this subchapter for the first administration of
the examination to the person.
SECTION 4. Section 21.044, Education Code, is amended by
adding Subsection (h) to read as follows:
(h) An educator preparation program, including an educator
preparation program offered by an institution of higher education,
as defined by Section 61.003, may not include instruction that
incorporates the method of three-cueing, as defined by Section
28.0062(a-1), into foundational skills reading instruction.
SECTION 5. 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 6. 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 7. 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 8. 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 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.
(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;
(3) applying the performance and validity standards
established by the commissioner under Subsection (b);
(4) providing centralized support for the analysis of
the results of assessment instruments administered to district or
school students; and
(5) facilitating effective communication on and
promotion of local optional teacher designation systems.
SECTION 9. 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 to establish and
administer the grant program under this section.
SECTION 10. 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 of Texas 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 11. 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 12. 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) "Cooperating teacher" means a classroom teacher
who:
(A) has at least three complete years of teaching
experience with a superior record of assisting students, as a
whole, in achieving improvement in student performance;
(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; and
(C) provides coaching to a partnership resident
in the teacher's classroom.
(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 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 cooperating 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) partner with a school district or open-enrollment
charter school.
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
cooperating teacher;
(2) only use money received under Section 48.157 to:
(A) implement the partnership program;
(B) provide compensation to:
(i) partnership residents in residency
positions at the district or school; and
(ii) cooperating teachers who are paired
with partnership residents at the district or school; and
(C) provide funding to the qualified educator
preparation program with which the district or school partners
under Section 48.157(f);
(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 cooperating 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 candidate who has
successfully completed a qualified educator preparation program
under Section 21.903. 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 COMMITTEE. (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) In using negotiated rulemaking procedures under Chapter
2008, Government Code, for any proposed rule related to the
implementation of Section 21.903 or 21.905 as required by Section
21.041(e), the board must appoint to the negotiated rulemaking
committee 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 13. Section 28.0062, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In this subsection, "three-cueing" means any model,
including the model referred to as meaning, structure, and visual
cues (MSV), of teaching a student to read based on meaning,
structure and syntax, and visual cues or memory. A school district
or open-enrollment charter school may not include any instruction
that incorporates three-cueing in the foundational skills reading
curriculum for kindergarten through third grade.
SECTION 14. 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 15. 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:
(A) acknowledged teacher; or
(B) teacher designated as nationally board
certified.
(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:
(A) acknowledged teacher; or
(B) teacher designated as nationally board
certified.
SECTION 16. 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 17. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.157 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 school
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 Sections 48.112(e) and (f); 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 or bilingual 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.
(f) In addition to the allotment provided to school
districts under Subsection (b) and from funds appropriated or
otherwise made available, the agency shall provide 10 percent of
the amount of funds allocated for a partnership resident to the
resident's partnership educator preparation program to support
operating costs of the residency program.
SECTION 18. The following provisions are repealed:
(1) Section 21.042, Education Code;
(2) Section 48.114(b), Education Code;
(3) Subchapter Q, Chapter 21, Education Code; and
(4) Section 825.4092(f), Government Code, as added by
Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
Session, 2021.
SECTION 19. 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 20. Notwithstanding Section 21.903, Education
Code, as added by this Act, until the State Board for Educator
Certification adopts rules specifying the requirements for
approval of an educator preparation program as a qualified educator
preparation program as required by that section, the commissioner
of education may approve a program as a qualified educator
preparation program for purposes of Subchapter R, Chapter 21,
Education Code, as added by this Act, if the commissioner
determines that the program meets the requirements under Section
21.903, Education Code, as added by this Act. An educator
preparation program's designation as a qualified educator
preparation program by the commissioner under this section remains
effective until the first anniversary of the adoption of rules by
the State Board for Educator Certification under Section 21.903,
Education Code, as added by this Act.
SECTION 21. (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 Section 48.157, Education Code, as added
by this Act, take effect September 1, 2023.