Relating to the rights of public school educators and financial and other assistance provided to educators and to public schools by the Texas Education Agency related to public school educators.

89(R) SB 27 - House Committee Report version - Bill Text

By: Creighton, et al.

S.B. No. 27

(Buckley)

A BILL TO BE ENTITLED

AN ACT

relating to the rights of public school educators and financial and

other assistance provided to educators and 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

amending Subsections (d) and (e) and adding Subsection (l) to read

as follows:

(d) The employment policy must provide that not later than

the
fifth
[
10th
] school day before the date on which a district

fills a vacant position for which a certificate or license is

required as provided by Section 21.003, other than a position that

affects the safety and security of students as determined by the

board of trustees, the district must provide to each current

district employee:

(1) notice of the position by posting the position on:

(A) a bulletin board at:

(i) a place convenient to the public in the

district's central administrative office; and

(ii) the central administrative office of

each campus in the district during any time the office is open; or

(B) the district's Internet website, if the

district has a website; and

(2) a reasonable opportunity to apply for the

position.

(e) If, during the school year, the district must fill a

vacant position held by a teacher, as defined by Section 21.201, in

less than
five
[
10
] school days, the district:

(1) must provide notice of the position in the manner

described by Subsection (d)(1) as soon as possible after the

vacancy occurs;

(2) is not required to provide the notice for
five
[
10
]

school days before filling the position; and

(3) is not required to comply with Subsection (d)(2).

(l)

The employment policy must provide that 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.

SECTION 2. Subchapter B, Chapter 21, Education Code, is

amended by adding Sections 21.0411 and 21.04893 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 in special education, bilingual education, or

another area specified by the General Appropriations Act, 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 described by Subsection (a) a fee

assessed by that vendor for the examination of a person applying for

a certification described by Subsection (a) for the first

administration of the examination to the person.

Sec. 21.04893.

BILINGUAL TARGET LANGUAGE PROFICIENCY

TEST.

The board shall propose rules to allow a person seeking

certification under this subchapter who fails to perform

satisfactorily on the Bilingual Target Language Proficiency Test

to:

(1)

retake only the sections of the test that include

the domains on which the person failed to perform satisfactorily;

and

(2)

during a retake of the test described by

Subdivision (1), demonstrate the person's language proficiency

through the completion of fewer components, including eliminating a

component that requires the preparation of a lesson plan for a

person who fails to perform satisfactorily on a domain requiring

completion of that component.

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

or location of employment;

(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

or location of employment;

(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

or location of employment;

(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 Sections 21.416 and 21.417 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.

Sec. 21.417.

ELECTION BY TEACHER TO USE UNPAID LEAVE. The

board of trustees of a school district shall adopt a policy that

provides a classroom teacher employed by the district the option to

elect not to take the teacher's paid personal leave concurrently

with unpaid leave the teacher is entitled to take under the Family

and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for

an absence due to pregnancy or the birth or adoption of a child.

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;

(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; and

(3)

studying how to reduce and streamline the tasks

and duties a teacher is required to perform.

(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 26.011, Education Code, is amended by

adding Subsection (c) to read as follows:

(c)

A grievance procedure adopted under Subsection (a) must

require that, for a complaint filed against a teacher or other

employee, the school district provide:

(1)

notice of the complaint to the teacher or employee

against whom the complaint was filed; and

(2)

sufficient opportunity for the teacher or employee

against whom the complaint was filed to submit a written response to

the complaint to be included in the record.

SECTION 10. Section 37.002, Education Code, is amended by

amending Subsections (b), (c), and (d) and adding Subsections

(b-2), (b-3), (c-1), (c-2), (e-1), (e-2), and (f) to read as

follows:

(b) A teacher may remove from class a student
who
:

(1)
repeatedly 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.

(b-3)

Subject to Sections 28.0022(a)(2) and (d), a teacher

may remove a student from class under Subsection (b) of this section

based on a single incident of behavior described by Subsection

(b)(1), (2), or (3).

(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
and, not later than the third

class day after the day on which the student was removed from class,

a conference in which the teacher has been provided an opportunity

to participate has been held in accordance with Section 37.009(a)
.

The principal may not return the student to that teacher's class

unless the teacher provides written consent for the student's

return or

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.

(c-1)

A return to class plan required under Subsection (c)

must be created before or at the conference described by that

subsection.

A plan created before the conference must be discussed

at the conference.

(c-2)

The commissioner shall adopt a model return to class

plan for use by a school district in creating a return to class plan

for a student under Subsection (c).

(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
and a conference in which the teacher has

been provided an opportunity to participate has been held in

accordance with Section 37.009(a)
. 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.

(e-2)

The principal, campus behavior coordinator, or other

appropriate administrator shall, at the conference required under

Section 37.009(a), notify a student who has been removed from class

under this section and the parent of or person standing in parental

relation to the student of the student's right to appeal under

Subsection (e-1).

(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 11. Section 37.115(c), Education Code, as amended

by Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(c) The board of trustees of each school district shall

establish a threat assessment and safe and supportive school team

to serve at each campus of the district and shall adopt policies and

procedures for the teams. The team is responsible for developing

and implementing the safe and supportive school program under

Subsection (b) at the district campus served by the team. The

policies and procedures adopted under this section must:

(1) be consistent with the model policies and

procedures developed by the Texas School Safety Center;

(2) require each team to complete training provided by

the Texas School Safety Center or a regional education service

center regarding evidence-based threat assessment programs;

(3) require each team established under this section

to report the information required under Subsection (k) regarding

the team's activities to the agency; [
and
]

(4) provide for:

(A) a district employee who reports a potential

threat to a team to elect for the employee's identity to be

confidential and not subject to disclosure under Chapter 552,

Government Code, except as necessary for the team, the district, or

law enforcement to investigate the potential threat; and

(B) the district to maintain a record of the

identity of a district employee who elects for the employee's

identity to be confidential under Paragraph (A)
;

(5)
[
(4)
] require each district campus to establish a

clear procedure for a student to report concerning behavior

exhibited by another student for assessment by the team or other

appropriate school employee
; and

(6)

require that, as soon as safe and practicable

after an administrator or team for a district campus receives

information regarding a threat made against that campus, including

through social media, the administrator or team immediately provide

to each member of the teaching staff, including teacher's aides,

who may be directly affected by the threat notice that includes:

(A) a statement of the existence of the threat;

(B) the nature of the threat; and

(C)

any other pertinent details to ensure student

and staff safety
.

SECTION 12. Section 825.4092(f), Government Code, is

repealed.

SECTION 13. 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 14. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 15. Sections 11.1513(d) and (e), Education Code, as

amended by this Act, apply beginning with the 2025-2026 school

year.

SECTION 16. Section 21.417, Education Code, as added by

this Act, applies beginning with the 2025-2026 school year.

SECTION 17. 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.