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A BILL TO BE ENTITLED
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AN ACT
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relating to a local optional teacher designation system implemented |
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by a school district, a security officer employed by a school |
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district, the basic allotment and guaranteed yield under the public |
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school finance system, and certain allotments under the Foundation |
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School Program; making an appropriation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.3521(a), (c), and (e), Education |
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Code, are amended to read as follows: |
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(a) Subject to Subsection (b), a school district or |
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open-enrollment charter school may designate a classroom teacher as |
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a master, exemplary, [or] recognized, or acknowledged teacher for a |
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five-year period based on the results from single year or multiyear |
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appraisals that comply with Section 21.351 or 21.352. |
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(c) Notwithstanding performance standards established |
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under Subsection (b), a classroom teacher that holds a National |
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Board Certification issued by the National Board for Professional |
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Teaching Standards may be designated as nationally board certified |
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[recognized]. |
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(e) The agency shall develop and provide technical |
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assistance for school districts and open-enrollment charter |
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schools that request assistance in implementing a local optional |
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teacher designation system, including: |
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(1) providing assistance in prioritizing high needs |
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campuses; |
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(2) providing examples or models of local optional |
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teacher designation systems to reduce the time required for a |
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district or school to implement a teacher designation system; |
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(3) establishing partnerships between districts and |
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schools that request assistance and districts and schools that have |
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implemented a teacher designation system; |
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(4) applying the performance and validity standards |
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established by the commissioner under Subsection (b); |
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(5) providing centralized support for the analysis of |
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the results of assessment instruments administered to district |
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students; and |
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(6) facilitating effective communication on and |
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promotion of local optional teacher designation systems. |
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SECTION 2. Subchapter H, Chapter 21, Education Code, is |
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amended by adding Section 21.3522 to read as follows: |
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Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM |
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GRANT PROGRAM. (a) From funds appropriated or otherwise |
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available for the purpose, the agency shall establish and |
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administer a grant program to provide money and technical |
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assistance to: |
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(1) expand implementation of local optional teacher |
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designation systems under Section 21.3521; |
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(2) increase the number of classroom teachers eligible |
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for a designation under that section; and |
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(3) increase the salaries paid to classroom teachers |
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employed by school districts or open-enrollment charter schools |
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that have established or are seeking to establish a designation |
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system under that section. |
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(b) A grant awarded under this section must: |
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(1) meet the needs of individual school districts; and |
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(2) enable regional leadership capacity. |
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SECTION 3. Sections 37.0814(b) and (d), Education Code, are |
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amended to read as follows: |
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(b) A security officer described by Subsection (a) must be: |
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(1) a school district peace officer; |
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(2) a school resource officer; [or] |
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(3) a commissioned peace officer employed as security |
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personnel under Section 37.081; |
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(4) a school marshal; or |
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(5) a school district employee or a person with whom |
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the district contracts who: |
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(A) has completed school safety training |
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provided by a qualified handgun instructor certified in school |
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safety under Section 411.1901, Government Code; and |
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(B) carries a handgun on school premises in |
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accordance with written regulations or written authorization of the |
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district under Section 46.03(a)(1)(A), Penal Code. |
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(d) The board of trustees of a school district that claims a |
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good cause exception under Subsection (c) must develop an |
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alternative standard with which the district is able to comply[, |
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which may include providing a person to act as a security officer |
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who is: |
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[(1) a school marshal; or |
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[(2) a school district employee or a person with whom |
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the district contracts who: |
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[(A) has completed school safety training |
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provided by a qualified handgun instructor certified in school |
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safety under Section 411.1901, Government Code; and |
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[(B) carries a handgun on school premises in |
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accordance with written regulations or written authorization of the |
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district under Section 46.03(a)(1)(A), Penal Code]. |
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SECTION 4. Section 48.051(a), Education Code, is amended to |
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read as follows: |
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(a) For each student in average daily attendance, not |
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including the time students spend each day in special education |
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programs in an instructional arrangement other than mainstream or |
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career and technology education programs, for which an additional |
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allotment is made under Subchapter C, a district is entitled to an |
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allotment equal to [the lesser of $6,160 or] the amount that results |
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from the following formula: |
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A = B [$6,160] X TR/MCR |
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where: |
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"A" is the allotment to which a district is entitled; |
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"B" is the base amount, which equals the greater of: |
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(1) $6,235; |
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(2) an amount equal to the district's base amount under |
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this section for the preceding school year; or |
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(3) the amount appropriated under Subsection (b); |
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"TR" is the district's tier one maintenance and operations |
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tax rate, as provided by Section 45.0032; and |
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"MCR" is the district's maximum compressed tax rate, as |
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determined under Section 48.2551. |
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SECTION 5. Sections 48.112(c) and (d), Education Code, are |
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amended to read as follows: |
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(c) For each classroom teacher with a teacher designation |
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under Section 21.3521 employed by a school district, the school |
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district is entitled to an allotment equal to the following |
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applicable base amount increased by the high needs and rural factor |
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as determined under Subsection (d): |
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(1) $12,000, or an increased amount not to exceed |
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$36,000 [$32,000] as determined under Subsection (d), for each |
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master teacher; |
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(2) $9,000 [$6,000], or an increased amount not to |
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exceed $25,000 [$18,000] as determined under Subsection (d), for |
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each exemplary teacher; [and] |
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(3) $5,000 [$3,000], or an increased amount not to |
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exceed $15,000 [$9,000] as determined under Subsection (d), for |
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each recognized teacher; and |
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(4) $3,000, or an increased amount not to exceed |
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$9,000 as determined under Subsection (d), for each: |
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(A) acknowledged teacher; or |
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(B) nationally board certified teacher. |
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(d) The high needs and rural factor is determined by |
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multiplying the following applicable amounts by the average of the |
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point value assigned to each student at a district campus under |
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Subsection (e): |
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(1) $6,000 [$5,000] for each master teacher; |
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(2) $4,000 [$3,000] for each exemplary teacher; [and] |
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(3) $2,500 [$1,500] for each recognized teacher; and |
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(4) $1,500 for each: |
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(A) acknowledged teacher; or |
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(B) nationally board certified teacher. |
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SECTION 6. Section 48.115(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), a school |
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district is entitled to an annual allotment equal to the sum of the |
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following amounts or a greater amount provided by appropriation: |
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(1) $20 [$10] for each student in average daily |
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attendance, plus $1 for each student in average daily attendance |
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per every $50 by which the district's maximum basic allotment under |
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Section 48.051 exceeds the greater of $6,235 or the amount equal to |
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the district's base amount, as defined by Section 48.051(a), for |
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the preceding school year [$6,160], prorated as necessary; and |
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(2) $30,000 [$15,000] per campus. |
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SECTION 7. Section 48.202(a-1), Education Code, is amended |
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to read as follows: |
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(a-1) For purposes of Subsection (a), the dollar amount |
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guaranteed level of state and local funds per weighted student per |
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cent of tax effort ("GL") for a school district is: |
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(1) the greater of the amount of district tax revenue |
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per weighted student per cent of tax effort available to a school |
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district at the 96th percentile of wealth per weighted student or |
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the amount that results from multiplying the maximum amount of the |
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basic allotment provided under Section 48.051 for the applicable |
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school year [6,160, or the greater amount provided under Section |
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48.051(b), if applicable,] by 0.016, for the first eight cents by |
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which the district's maintenance and operations tax rate exceeds |
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the district's tier one tax rate; and |
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(2) subject to Subsection (f), the amount that results |
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from multiplying the maximum amount of the basic allotment provided |
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under Section 48.051 for the applicable school year [$6,160, or the |
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greater amount provided under Section 48.051(b), if applicable,] by |
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0.008, for the district's maintenance and operations tax effort |
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that exceeds the amount of tax effort described by Subdivision (1). |
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SECTION 8. Subchapter G, Chapter 48, Education Code, is |
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amended by adding Sections 48.310 and 48.311 to read as follows: |
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Sec. 48.310. TEACHER RETENTION ALLOTMENT. (a) In this |
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section, "classroom teacher" has the meaning assigned by Section |
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5.001, except that the term also includes a person who is not |
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required to hold a certificate issued under Subchapter B, Chapter |
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21 who otherwise meets the definition of a classroom teacher under |
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that section. |
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(b) A school district is entitled to an annual allotment for |
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each classroom teacher employed by the district in the school year |
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for which the allotment is provided as follows: |
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(1) if the district has 5,000 or fewer students |
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enrolled for that school year, $10,000 per classroom teacher; and |
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(2) if the district has more than 5,000 students |
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enrolled for that school year, $3,000 per classroom teacher. |
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(c) For the 2024-2025 school year, a school district shall |
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use money received under Subsection (b) to increase the salary |
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provided to each classroom teacher in the district for that year |
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over the salary the teacher received or would have received if |
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employed by the district in the 2023-2024 school year by at least |
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the amount received per classroom teacher under Subsection (b). |
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(d) For the 2025-2026 and each subsequent school year, a |
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school district shall use money received under Subsection (b) to |
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maintain the salary increases for classroom teachers provided under |
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Subsection (c). Any additional funding generated for a school |
|
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district under this section may only be used for the compensation of |
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classroom teachers employed by the district. |
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(e) Notwithstanding any other law, the commissioner shall |
|
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exclude the funding to which a school district is entitled under |
|
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this section for purposes of: |
|
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(1) determining the amount by which the district must |
|
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reduce the district's tier one revenue level under Section 48.257; |
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and |
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(2) calculating a school district's maintenance and |
|
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operations revenue under Section 48.277(a). |
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Sec. 48.311. TEACHER RETENTION BONUS FOR 2023-2024 SCHOOL |
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YEAR. (a) In this section, "classroom teacher" has the meaning |
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assigned by Section 48.310. |
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(b) A school district is entitled to a one-time payment for |
|
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each classroom teacher employed by the district during the |
|
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2023-2024 school year in the following amount: |
|
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(1) if the district has 5,000 or fewer students |
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enrolled for that school year, $10,000 per classroom teacher; and |
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(2) if the district has more than 5,000 students |
|
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enrolled for that school year, $3,000 per classroom teacher. |
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(c) A school district shall use money received under |
|
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Subsection (b) to provide a bonus payment in the amount received per |
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classroom teacher under Subsection (b) to each classroom teacher in |
|
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the district as part of the teacher's salary payment for December |
|
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2023, if feasible, and if not feasible, then the district shall |
|
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provide the bonus payment as part of the teacher's salary payment |
|
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for the first month in which it is feasible. The bonus payment made |
|
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under this subsection is in addition to the salary and wages to |
|
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which the classroom teacher is otherwise entitled for the 2023-2024 |
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school year. |
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(d) Notwithstanding any other law, the commissioner shall |
|
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exclude the funding to which a school district is entitled under |
|
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this section for purposes of: |
|
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(1) determining the amount by which the district must |
|
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reduce the district's tier one revenue level under Section 48.257; |
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and |
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(2) calculating a school district's maintenance and |
|
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operations revenue under Section 48.277(a). |
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(e) A bonus payment made under this section is included in |
|
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salary and wages for service for purposes of Section 822.201, |
|
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Government Code. |
|
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(f) This section expires September 1, 2024. |
|
|
SECTION 9. Section 822.201(b), Government Code, is amended |
|
|
to read as follows: |
|
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(b) "Salary and wages" as used in Subsection (a) means: |
|
|
(1) normal periodic payments of money for service the |
|
|
right to which accrues on a regular basis in proportion to the |
|
|
service performed; |
|
|
(2) amounts by which the member's salary is reduced |
|
|
under a salary reduction agreement authorized by Chapter 610; |
|
|
(3) amounts that would otherwise qualify as salary and |
|
|
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 |
|
|
agreement in order to finance payments to a deferred compensation |
|
|
or tax sheltered annuity program specifically authorized by state |
|
|
law or to finance benefit options under a cafeteria plan qualifying |
|
|
under Section 125 of the Internal Revenue Code of 1986, if: |
|
|
(A) the program or benefit options are made |
|
|
available to all employees of the employer; and |
|
|
(B) the benefit options in the cafeteria plan are |
|
|
limited to one or more options that provide deferred compensation, |
|
|
group health and disability insurance, group term life insurance, |
|
|
dependent care assistance programs, or group legal services plans; |
|
|
(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); |
|
|
(5) the benefit replacement pay a person earns under |
|
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Subchapter H, Chapter 659, except as provided by Subsection (c); |
|
|
(6) stipends paid to teachers in accordance with |
|
|
former 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 |
|
|
that are deducted from the member's salary as authorized by |
|
|
Subchapter J, Chapter 659; |
|
|
(8) a merit salary increase made under Section 51.962, |
|
|
Education Code; |
|
|
(9) amounts received under the relevant parts of the |
|
|
educator excellence awards program under Subchapter O, Chapter 21, |
|
|
Education Code, or a mentoring program under Section 21.458, |
|
|
Education Code, that authorize compensation for service; |
|
|
(10) salary amounts designated as health care |
|
|
supplementation by an employee under Subchapter D, Chapter 22, |
|
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Education Code; |
|
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(11) to the extent required by Sections 3401(h) and |
|
|
414(u)(12), Internal Revenue Code of 1986, differential wage |
|
|
payments received by an individual from an employer on or after |
|
|
January 1, 2009, while the individual is performing qualified |
|
|
military service as defined by Section 414(u), Internal Revenue |
|
|
Code of 1986; [and] |
|
|
(12) increased compensation paid to a teacher by a |
|
|
school district using funds received by the district under the |
|
|
teacher incentive allotment under Section 48.112, Education Code; |
|
|
and |
|
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(13) any increase in the payment of money made to a |
|
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classroom teacher by a school district from funds allotted to the |
|
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district under Section 48.310, Education Code. |
|
|
SECTION 10. Section 18.78, Article IX, Chapter 1170 (H.B. |
|
|
1), Acts of the 88th Legislature, Regular Session, 2023 (the |
|
|
General Appropriations Act), is amended by adding Subsections (m) |
|
|
and (n) to read as follows: |
|
|
(m) It is the intent of the legislature that money |
|
|
appropriated under Subsection (e) of this section be expended |
|
|
equally in each year of the 2024-25 fiscal biennium, not including |
|
|
any supplemental funds appropriated in 2025 for the same or a |
|
|
similar purpose. |
|
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(n) In addition to amounts appropriated elsewhere in this |
|
|
Act, TEA is appropriated $1,196,500,000 from general revenue to |
|
|
implement the provisions of S.B. 2, Acts of the 88th Legislature, |
|
|
3rd Called Session, 2023. From the amount appropriated under this |
|
|
subsection, not more than: |
|
|
(1) $400,000,000 may also be used for school safety |
|
|
and related purposes; and |
|
|
(2) $796,500,000 may also be used for financial and |
|
|
other assistance to public school educators and/or the public |
|
|
school finance system. |
|
|
SECTION 11. Sections 48.051(c), (c-1), (c-2), and (d), |
|
|
Education Code, are repealed. |
|
|
SECTION 12. 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 13. (a) Except as provided by Subsection (b) of |
|
|
this section, this Act applies beginning with the 2023-2024 school |
|
|
year. |
|
|
(b) Section 48.310, Education Code, as added by this Act, |
|
|
applies beginning with the 2024-2025 school year. |
|
|
SECTION 14. 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 on the 91st day after the |
|
|
last day of the legislative session. |
|
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|
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* * * * * |