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A BILL TO BE ENTITLED
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AN ACT
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relating to educator retention at certain public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Education Code, is amended by adding |
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Subchapter P to read as follows: |
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SUBCHAPTER P. EDUCATOR RECRUITMENT AND RETENTION PROGRAM |
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Sec. 21.751. DEFINITION. In this subchapter, "program" |
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means the educator recruitment and retention program. |
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Sec. 21.752. EDUCATOR RECRUITMENT AND RETENTION PROGRAM. |
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The commissioner by rule shall establish an educator recruitment |
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and retention program under which school districts, in accordance |
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with local plans approved by the commissioner, receive program |
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grants from the agency for the purpose of providing stipends to |
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recruit and retain classroom teachers and principals with proven |
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records of success in improving student performance who are |
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assigned to campuses at which the district has experienced |
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difficulty assigning or retaining classroom teachers. |
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Sec. 21.753. EDUCATOR RECRUITMENT AND RETENTION FUND; |
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AMOUNT OF GRANT AWARD. Each state fiscal year, the commissioner |
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shall deposit an amount determined by the General Appropriations |
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Act to the credit of the educator recruitment and retention fund in |
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the general revenue fund. Each state fiscal year, the agency shall |
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use funds in the educator recruitment and retention fund to provide |
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a qualifying school district a grant in an amount determined by: |
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(1) dividing the amount of money available for |
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distribution in the educator recruitment and retention fund by the |
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total number of students in average daily attendance in qualifying |
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districts for that fiscal year; and |
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(2) multiplying the amount determined under |
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Subdivision (1) by the number of students in average daily |
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attendance in the district. |
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Sec. 21.754. LOCAL PLANS. (a) A district-level committee |
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for a school district that intends to participate in the program, |
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such as the district-level planning and decision-making committee |
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established under Subchapter F, Chapter 11, shall develop a local |
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plan for the district. The local plan may provide for |
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participation in the program by all campuses in the district at |
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which the district has experienced difficulty assigning or |
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retaining classroom teachers or for participation in the program by |
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only certain of those campuses, as selected by the district-level |
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committee. |
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(b) A school district shall submit a local plan to the |
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agency for approval. The plan must be submitted together with |
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evidence of significant classroom teacher involvement in the |
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development of the plan. |
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(c) A local plan must provide for classroom teachers and |
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principals eligible to receive stipends under the plan to be |
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notified of the specific criteria and any formulas on which the |
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stipends will be based. |
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(d) A school district whose local plan is approved by the |
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agency to receive a program grant under this subchapter may renew |
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the plan for three consecutive school years without resubmitting |
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the plan to the agency for approval. A school district may amend a |
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local plan for approval by the agency for each school year the |
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district receives a program grant. |
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Sec. 21.755. STIPEND PAYMENTS. A school district must use |
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all grant funds awarded to the district under this subchapter to |
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provide stipends to recruit and retain classroom teachers and |
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principals with proven records of success in improving student |
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performance who are assigned to campuses at which the district has |
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experienced difficulty assigning or retaining classroom teachers. |
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SECTION 2. Section 56.353, Education Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (a-1) |
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and (e) to read as follows: |
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(a) Teach for Texas repayment assistance is available only |
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to a person who applies for the assistance and who: |
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(1) is certified in a teaching field identified by the |
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commissioner of education as experiencing a critical shortage of |
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teachers in this state in the year in which the person receives the |
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assistance and has for at least one year taught full-time at, and is |
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currently teaching full-time at, the preschool, primary, or |
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secondary level in a public school in this state in that teaching |
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field; or |
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(2) is a certified educator who has for at least one |
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year taught full-time at, and is currently teaching full-time at, |
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the preschool, primary, or secondary level at [in] a public school |
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campus in this state at which it is difficult to attract or retain |
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educators, as [in a community] identified by the commissioner of |
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education for [as experiencing a critical shortage of teachers in] |
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the year in which the person receives the assistance. |
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(a-1) For purposes of Subsection (a)(2), the commissioner |
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of education each year shall identify public school campuses in |
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this state at which it is difficult to attract or retain educators. |
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In identifying campuses, the commissioner of education may rely on |
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any appropriate indicator, including: |
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(1) the educator retention rate at the campus; and |
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(2) the average amount of teaching experience |
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possessed by educators at the campus. |
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(b) The coordinating board in awarding repayment assistance |
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shall give priority to applicants described by Subsection (a)(2) |
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[who demonstrate financial need]. |
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(c) After an applicant described by Subsection (a)(2) |
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receives loan repayment assistance for the first year of the period |
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of eligibility prescribed by Subsection (d), the coordinating board |
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shall give additional priority to the applicant's request for |
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assistance during subsequent years of eligibility if the applicant |
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continues to teach at a school campus identified by the |
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commissioner of education in accordance with Subsection (a)(2). To |
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the extent feasible, the coordinating board shall provide the |
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applicant with greater amounts of loan repayment assistance each |
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year that the applicant continues to teach at a school campus |
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identified by the commissioner in accordance with Subsection |
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(a)(2). [If the money available for loan repayment assistance in a
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period for which assistance is awarded is insufficient to provide
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assistance to all eligible applicants described by Subsection (b),
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the coordinating board shall establish priorities for awarding
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repayment assistance to address the most critical teacher shortages
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described by Subsection (a).] |
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(e) Notwithstanding any other provision of this section, |
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the coordinating board may continue to give priority to a renewal |
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applicant over a first-time applicant for any renewal applicant who |
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initially received loan repayment assistance under this subchapter |
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before September 1, 2013. This subsection expires September 1, |
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2018. |
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SECTION 3. Section 822.201(b), Government Code, is amended |
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to read as follows: |
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(b) "Salary and wages" as used in Subsection (a) means: |
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(1) normal periodic payments of money for service the |
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right to which accrues on a regular basis in proportion to the |
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service performed; |
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(2) amounts by which the member's salary is reduced |
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under a salary reduction agreement authorized by Chapter 610; |
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(3) amounts that would otherwise qualify as salary and |
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wages under Subdivision (1) but are not received directly by the |
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member pursuant to a good faith, voluntary written salary reduction |
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agreement in order to finance payments to a deferred compensation |
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or tax sheltered annuity program specifically authorized by state |
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law or to finance benefit options under a cafeteria plan qualifying |
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under Section 125 of the Internal Revenue Code of 1986, if: |
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(A) the program or benefit options are made |
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available to all employees of the employer; and |
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(B) the benefit options in the cafeteria plan are |
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limited to one or more options that provide deferred compensation, |
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group health and disability insurance, group term life insurance, |
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dependent care assistance programs, or group legal services plans; |
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(4) performance pay awarded to an employee by a school |
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district as part of a total compensation plan approved by the board |
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of trustees of the district and meeting the requirements of |
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Subsection (e); |
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(5) the benefit replacement pay a person earns under |
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Subchapter H, Chapter 659, except as provided by Subsection (c); |
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(6) stipends paid to teachers in accordance with |
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Section 21.410, 21.411, 21.412, or 21.413, Education Code; |
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(7) amounts by which the member's salary is reduced or |
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that are deducted from the member's salary as authorized by |
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Subchapter J, Chapter 659; |
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(8) a merit salary increase made under Section 51.962, |
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Education Code; |
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(9) amounts received under the educator recruitment |
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and retention program under Subchapter P, Chapter 21, Education |
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Code, or the relevant parts of the educator excellence awards |
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program under Subchapter O, Chapter 21, Education Code, or a |
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mentoring program under Section 21.458, Education Code, that |
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authorize compensation for service; |
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(10) salary amounts designated as health care |
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supplementation by an employee under Subchapter D, Chapter 22, |
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Education Code; and |
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(11) to the extent required by Sections 3401(h) and |
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414(u)(2), Internal Revenue Code of 1986, differential wage |
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payments received by an individual from an employer on or after |
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January 1, 2009, while the individual is performing qualified |
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military service as defined by Section 414(u), Internal Revenue |
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Code of 1986. |
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SECTION 4. Not later than December 1, 2014, the Texas |
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Education Agency shall: |
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(1) evaluate the effect of the programs implemented |
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under Subchapter O, Chapter 21, Education Code, and Subchapter P, |
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Chapter 21, Education Code, as added by this Act, on educator |
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retention at school district campuses at which districts have had |
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difficulty assigning or retaining educators; and |
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(2) report the results of the evaluation to each |
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member of the legislature. |
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SECTION 5. Not later than December 1, 2014, the Texas Higher |
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Education Coordinating Board shall: |
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(1) evaluate the effect of the Teach for Texas loan |
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repayment assistance program implemented under Subchapter O, |
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Chapter 56, Education Code, on educator retention at school |
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district campuses at which districts have had difficulty assigning |
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or retaining educators; and |
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(2) report the results of the evaluation to each |
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member of the legislature. |
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SECTION 6. This Act takes effect September 1, 2013. |