By: Dutton H.B. No. 11
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the rights, certification, and compensation of public
  school educators, including financial and other assistance
  provided to public schools by the Texas Education Agency related to
  public school educators and to certain allotments under the
  Foundation School Program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 19.009(d-2), Education Code, is amended
  to read as follows:
         (d-2)  Beginning with the 2009-2010 school year, the
  district shall increase the [monthly] salary of each classroom
  teacher, full-time speech pathologist, full-time librarian,
  full-time school counselor certified under Subchapter B, Chapter
  21, and full-time school nurse employed by the district by the
  greater of:
               (1)  $80 per month; or
               (2)  the maximum uniform amount per month that, when
  combined with any resulting increases in the amount of
  contributions made by the district for social security coverage for
  the specified employees or by the district on behalf of the
  specified employees under Section 825.405, Government Code, may be
  provided using an amount equal to the product of $60 multiplied by
  the number of students in weighted average daily attendance in the
  district during the 2009-2010 school year.
         SECTION 2.  Section 21.044, Education Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  In this subsection, "three-cueing" means a method of
  reading instruction for identification of words by which a student
  is encouraged to draw on context and sentence structure to identify
  a word without sounding the word out or using a phonics-based
  approach.  An educator preparation program, including an educator
  preparation program offered by an institution of higher education,
  as defined by Section 61.003:
               (1)  may not include instruction that incorporates the
  reading instruction method of three-cueing; and
               (2)  must include instruction on the science of
  teaching reading.
         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)  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 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)  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 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)  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.  Sections 21.3521(a), (c), (e), and (i),
  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 effective 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; and
               (3)  applying the performance and validity standards
  established by the commissioner under Subsection (b).
         (i)  The commissioner may adopt fees to implement this
  section. A fee adopted by the agency under this section:
               (1)  is not subject to Sections 2001.0045 and
  2001.0221, Government Code; and
               (2)  may be used to develop and provide technical
  assistance for school districts and open-enrollment charter
  schools under Subsection (e).
         SECTION 7.  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 eligible
  school districts and open-enrollment charter schools 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;
               (2)  enable regional leadership capacity;
               (3)  provide centralized support for the analysis of
  the results of assessment instruments administered to district
  students; and
               (4)  facilitate effective communication on and
  promotion of local optional teacher designation systems.
         (c)  The commissioner shall adopt rules to establish and
  administer the grant program under this section.
         SECTION 8.  Section 21.402, Education Code, is amended by
  amending Subsections (a) and (g) and adding Subsections (a-1),
  (c-2), (i), (j), (k), and (l) to read as follows:
         (a)  Except as provided by Subsection (c-2) [(e-1) or (f)], a
  school district must pay each employee who is employed as a
  classroom teacher, full-time librarian, full-time school counselor
  certified under Subchapter B, or full-time school nurse not less
  than the highest annual minimum [minimum monthly] salary described
  by the following schedule applicable to [, based on] the employee's
  certification, if any, and years [level] of experience:
               (1)  for an employee with less than five years of
  experience who holds:
                     (A)  no certification $35,000;
                     (B)  a teacher intern, teacher trainee, or
  probationary certificate issued under Subchapter B, Chapter
  21.$37,000;
                     (C)  the base certificate required under Section
  21.003(a) for employment in the employee's position other than a
  certificate described by Paragraph (B) $40,000;
                     (D)  the certificate described by Paragraph (C)
  and a residency educator certificate issued under Section
  21.905 $43,000; or
                     (E)  any certificate under this subsection and a
  designation under Section 21.3521 $43,000;
               (2)  for an employee with at least five years of
  experience who holds:
                     (A)  no certification $45,000;
                     (B)  a teacher intern, teacher trainee, or
  probationary certificate issued under Subchapter B, Chapter
  21 $47,000;
                     (C)  the base certificate required under Section
  21.003(a) for employment in the employee's position other than a
  certificate described by Paragraph (B) $50,000; or
                     (D)  any certificate described under this
  subsection and a designation under Section 21.3521 $53,000; or
               (3)  for an employee with at least 10 years of
  experience who holds:
                     (A)  no certification $55,000;
                     (B)  a teacher intern, teacher trainee, or
  probationary certificate issued under Subchapter B, Chapter
  21 $57,000;
                     (C)  the base certificate required under Section
  21.003(a) for employment in the employee's position $60,000; or
                     (D)  any certificate described under this
  subsection and a designation under Section 21.3521 . . . $63,000 
  [in addition to other factors, as determined by commissioner rule,
  determined by the following formula:
  [MS = SF x FS
  [where:
         ["MS" is the minimum monthly salary;
         ["SF" is the applicable salary factor specified by Subsection
  (c); and
         ["FS" is the amount, as determined by the commissioner under
  Subsection (b), of the basic allotment as provided by Section
  48.051(a) or (b) for a school district with a maintenance and
  operations tax rate at least equal to the state maximum compressed
  tax rate, as defined by Section 48.051(a)].
         (a-1)  For purposes of Subsection (a), a full-time school
  nurse is considered to hold the base certificate required under
  Section 21.003(a) for employment as a school nurse, regardless of
  the other certifications held by the nurse.
         (c-2)  A school district is not required to pay an employee
  who is employed as a classroom teacher, full-time librarian,
  full-time school counselor certified under Subchapter B, or a
  full-time school nurse the minimum salary required under Subsection
  (a) for the school year following a school year during which the
  district reviews the employee's performance and finds the
  employee's performance unsatisfactory.
         (g)  The commissioner may adopt rules to govern the
  application of this section, including rules that:
               (1)  require the payment of a minimum salary under this
  section to a person employed in more than one capacity for which a
  minimum salary is provided and whose combined employment in those
  capacities constitutes full-time employment; and
               (2)  specify the credentials a person must hold to be
  considered a [speech pathologist or] school nurse under this
  section.
         (i)  A school district or open-enrollment charter school
  must use at least 50 percent of the difference between what the
  district or school would have paid under Section 825.405,
  Government Code, based on the salaries paid under this section as it
  existed on January 1, 2023, and what the district or school pays
  under Section 825.405, Government Code, based on the salaries paid
  under this section as it exists after September 1, 2023, to increase
  the average total compensation per district or school employee
  employed as a classroom teacher, full-time librarian, full-time
  school counselor certified under Subchapter B, Chapter 21, or a
  full-time school nurse.  In calculating average total compensation
  per district or school employee under this subsection, a district
  or school may not include compensation paid to a classroom teacher,
  full-time librarian, full-time school counselor certified under
  Subchapter B, or full-time school nurse in a position added by the
  school district for the current school year that increases the
  ratio of those employees to enrolled students over the ratio of
  those employees to enrolled students for the preceding year.
         (j)  A school district that increases employee compensation
  in the 2023-2024 school year to comply with Subsection (a), as
  amended by _.B. ___, Acts of the 88th Legislature, Regular Session,
  2023, is providing compensation for services rendered
  independently of an existing employment contract applicable to that
  year and is not in violation of Section 53, Article III, Texas
  Constitution. A school district that does not meet the
  requirements of Subsection (a) in the 2023-2024 school year may
  satisfy the requirements of this section by providing an employee a
  one-time bonus payment during the 2024-2025 school year in an
  amount equal to the difference between the compensation earned by
  the employee during the 2023-2024 school year and the compensation
  the employee should have received during that school year if the
  district had complied with Subsection (a).
         (k)  Notwithstanding the minimum annual salary schedule
  under Subsection (a), a school district that increases the amount a
  classroom teacher, full-time librarian, full-time school counselor
  certified under Subchapter B, or a full-time school nurse is
  compensated during the 2023-2024 school year by at least $8,000
  more than the amount the employee was compensated during the
  2022-2023 school year complies with the requirements of this
  section for the 2023-2024 school year.
         (l)  Subsections (i), (j), and (k) and this subsection expire
  September 1, 2025.
         SECTION 9.  The heading to Section 21.403, Education Code,
  is amended to read as follows:
         Sec. 21.403.  DETERMINATION OF YEARS OF EXPERIENCE
  [PLACEMENT ON MINIMUM SALARY SCHEDULE].
         SECTION 10.  Sections 21.403(b) and (c), Education Code, are
  amended to read as follows:
         (b)  For each year of work experience required for
  certification in a career or technological field, up to a maximum of
  two years, a certified career or technology education teacher is
  entitled to [salary step] credit as if the work experience were
  teaching experience.
         (c)  The commissioner shall adopt rules for determining the
  experience for which a teacher, librarian, school counselor, or
  nurse is to be given credit for purposes of the minimum salary
  schedule under Section 21.402(a) [in placing the teacher,
  librarian, school counselor, or nurse on the minimum salary
  schedule].  A district shall credit the teacher, librarian, school
  counselor, or nurse for each year of experience without regard to
  whether the years are consecutive.
         SECTION 11.  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 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 12.  Section 21.4552(d), Education Code, is amended
  to read as follows:
         (d)  From funds appropriated for that purpose, a teacher who
  attends a literacy achievement academy is entitled to receive a
  stipend in the amount determined by the commissioner.  A stipend
  received under this subsection is not considered in determining
  whether a school district is paying the teacher the minimum
  [monthly] salary under Section 21.402.
         SECTION 13.  Section 21.4553(d), Education Code, is amended
  to read as follows:
         (d)  From funds appropriated for that purpose, a teacher who
  attends a mathematics achievement academy is entitled to receive a
  stipend in the amount determined by the commissioner.  A stipend
  received under this subsection is not considered in determining
  whether a district is paying the teacher the minimum [monthly]
  salary under Section 21.402.
         SECTION 14.  Section 21.4555(f), Education Code, is amended
  to read as follows:
         (f)  From funds available for that purpose, a teacher who
  attends a civics training program may receive a stipend in an amount
  determined by the commissioner.  A stipend received under this
  section is not included in determining whether a district is paying
  the teacher the minimum [monthly] salary under Section 21.402.
         SECTION 15.  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 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.
         Sec. 21.468.  ADDITIONAL UNCOMPENSATED TRAINING PROHIBITED;
  EXCEPTIONS. Notwithstanding any other law, a classroom teacher may
  not be required to complete hours of a continuing education or other
  training in a school year in excess of the hours required of
  classroom teachers per school year as of January 1, 2023.  A school
  district or open-enrollment charter school may not suspend or
  terminate the employment of a teacher or take other adverse
  employment action against the teacher based on the teacher's
  refusal to complete additional hours of continuing education or
  training in excess of the hours required of classroom teachers on
  January 1, 2023, unless:
               (1)  the teacher:
                     (A)  is compensated for time spent completing the
  additional education or training; and
                     (B)  is not required to complete the additional
  education or training while participating in a local professional
  development activity provided for a purpose other than the
  education or training; or
               (2)  the hours of additional education or training is
  offset by the elimination of the same or a greater number of
  required education or training hours in the following school year.
         SECTION 16.  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)  "Mentor teacher" means a classroom teacher who:
                     (A)  meets the qualifications for assignment as a
  mentor under Section 21.458; and
                     (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.
               (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 by the board 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 classroom 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)  ensure a school district or open-enrollment
  charter school with which an educator preparation program partners
  under this subchapter meets the requirements for participating
  districts and schools under Section 21.904.
         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 mentor
  teacher;
               (2)  only use money received under Section 48.157 to:
                     (A)  implement the partnership program; and
                     (B)  provide compensation to:
                           (i)  partnership residents in residency
  positions at the district or school; and
                           (ii)  mentor teachers who are paired with
  partnership residents at the district or school;
               (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 mentor 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 partnership resident who has
  successfully completed the program.  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. (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)  Before the board submits to the State Board of Education
  for approval under Section 21.042 any proposed rule related to the
  implementation of Section 21.903 or 21.905, the board must use
  negotiated rulemaking procedures under Chapter 2008, Government
  Code, including the appointment to a negotiated rulemaking
  committee of 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 17.  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 18.  Section 30.102(b), Education Code, is amended
  to read as follows:
         (b)  A classroom teacher, full-time librarian, full-time
  school counselor certified under Subchapter B, Chapter 21, or
  full-time school nurse employed by the department is entitled to
  receive as a minimum salary the [monthly] salary specified by
  Section 21.402. A classroom teacher, full-time librarian,
  full-time school counselor, or full-time school nurse may be paid,
  from funds appropriated to the department, a salary in excess of the
  minimum specified by that section, but the salary may not exceed the
  rate of pay for a similar position in the public schools of an
  adjacent school district.
         SECTION 19.  Section 33.009(h), Education Code, is amended
  to read as follows:
         (h)  From funds appropriated for that purpose, a school
  counselor who attends the academy under this section is entitled to
  receive a stipend in the amount determined by the coordinating
  board.  If funds are available after all eligible school counselors
  have received a stipend under this subsection, the coordinating
  board shall pay a stipend in the amount determined by the
  coordinating board to a teacher who attends the academy under this
  section. A stipend received under this subsection is not
  considered in determining whether a district is paying the school
  counselor or teacher the minimum [monthly] salary under Section
  21.402.
         SECTION 20.  Section 48.051, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (c-3) and
  (c-4) to read as follows:
         (a)  For each student in average daily attendance, not
  including the time students spend each day in special education
  programs in an instructional arrangement other than mainstream or
  career and technology education programs, for which an additional
  allotment is made under Subchapter C, a district is entitled to an
  allotment equal to [the lesser of $6,160 or] the amount that results
  from the following formula:
  A = B [$6,160] X TR/MCR
  where:
         "A" is the allotment to which a district is entitled;
         "B" is the base amount, which equals the greater of:
               (1)  $6,210;
               (2)  an amount equal to the district's base amount under
  this section for the preceding school year; or
               (3)  the amount appropriated under Subsection (b);
         "TR" is the district's tier one maintenance and operations
  tax rate, as provided by Section 45.0032; and
         "MCR" is the district's maximum compressed tax rate, as
  determined under Section 48.2551.
         (c)  During any school year for which the value of "A"
  determined [maximum amount of the basic allotment provided] under
  Subsection (a) [or (b)] is greater than the value of "A" [maximum
  amount provided] for the preceding school year, a school district
  must use at least 50 [30] percent of the amount[, if the amount is
  greater than zero,] that equals the product of the average daily
  attendance of the district multiplied by the difference in the
  value of "A" [ amount of the difference between the district's
  funding under this chapter per student in average daily attendance]
  for the current school year and the value of "A" for the preceding
  school year to increase the average total compensation per employee
  employed by the district as [provide compensation increases to
  full-time district employees other than administrators as follows:
               [(1)  75 percent must be used to increase the
  compensation paid to] classroom teachers, full-time librarians,
  full-time school counselors certified under Subchapter B, Chapter
  21, and full-time school nurses [, prioritizing differentiated
  compensation for classroom teachers with more than five years of
  experience; and
               [(2)  25 percent may be used as determined by the
  district to increase compensation paid to full-time district
  employees]. In calculating average total compensation per employee
  under this subsection, a school district may not consider
  compensation paid to a district employee employed in a position
  described by this subsection added by the school district for the
  current school year that increases the ratio of those employees to
  the students enrolled in the district compared to the preceding
  school year.
         (c-3)  If a school district increases employee compensation
  in a school year to comply with Subsection (c), as amended by _.B.
  ___, Acts of the 88th Legislature, Regular Session, 2023, the
  district is providing compensation for services rendered
  independently of an existing employment contract applicable to that
  year and is not a violation of Section 53, Article III, Texas
  Constitution.
         (c-4)  A school district that does not meet the requirements
  of Subsection (c) during a school year may satisfy the requirements
  of this section by providing an employee a one-time bonus payment
  during the following school year in an amount equal to the
  difference between the compensation earned by the employee and the
  compensation the employee should have received during the school
  year if the district had complied with Subsection (c).
         SECTION 21.  Section 48.101, Education Code, is amended to
  read as follows:
         Sec. 48.101.  SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
  Small and mid-sized districts are entitled to an annual allotment
  in accordance with this section. In this section:
               (1)  "AA" is the district's annual allotment per
  student in average enrollment [daily attendance];
               (2)  "E" ["ADA"] is the average number of students
  enrolled in the school district [in average daily attendance for
  which the district is entitled to an allotment under Section
  48.051]; and
               (3)  "BA" is the basic allotment determined for a
  student in average daily attendance under Section 48.051.
         (b)  A school district that has fewer than 1,600 students in
  average enrollment [daily attendance] is entitled to an annual
  allotment for each enrolled student [in average daily attendance]
  based on the following formula:
  AA = ((1,600 - E [ADA]) X __________[.0004]) X BA
         (c)  A school district that offers a kindergarten through
  grade 12 program and has less than 5,000 students in average
  enrollment [daily attendance] is entitled to an annual allotment
  for each enrolled student [in average daily attendance] based on
  the formula, of the following formulas, that results in the
  greatest annual allotment:
               (1)  the formula in Subsection (b), if the district is
  eligible for that formula; or
               (2)  AA = ((5,000 - E [ADA]) X __________[.000025]) X
  BA.
         (d)  Instead of the allotment under Subsection (b) or (c)(1),
  a school district that has fewer than 300 students in average
  enrollment [daily attendance] and is the only school district
  located in and operating in a county is entitled to an annual
  allotment for each enrolled student [in average daily attendance]
  based on the following formula:
  AA = ((1,600 - E [ADA]) X __________[.00047]) X BA
         SECTION 22.  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 effective
  teacher.
         (d)  The high needs and rural factor is determined by
  multiplying the following applicable amounts by the average of the
  point value assigned to each student at a district campus under
  Subsection (e):
               (1)  $6,000 [$5,000] for each master teacher;
               (2)  $4,000 [$3,000] for each exemplary teacher; [and]
               (3)  $2,500 [$1,500] for each recognized teacher; and
               (4)  $1,500 for each effective teacher.
         SECTION 23.  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 24.  Subchapter D, Chapter 48, Education Code, is
  amended by adding Sections 48.157 and 48.158 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 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 Section 48.112(d); 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 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.
         Sec. 48.158.  FUNDING FOR CERTAIN CERTIFICATIONS. (a) A
  school district is entitled to the cost of certification fees for
  each classroom teacher who received a certification in special
  education or bilingual education in the preceding school year.
  From money received under this section, the district shall
  reimburse each teacher who received a certification in special
  education or bilingual education during the preceding school year
  the cost of certification fees associated with that certification.
         (b)  Reimbursement received by a classroom teacher under
  this section may not be considered when calculating the teacher's
  salary for the purposes of Section 21.402.
         SECTION 25.  Subchapter F, Chapter 48, Education Code, is
  amended by adding Section 48.280 to read as follows:
         Sec. 48.280.  SALARY TRANSITION ALLOTMENT. (a) In the
  2023-2024 and 2024-2025 school years, a school district is entitled
  to receive an annual salary transition allotment equal to the
  difference, if that amount is greater than zero, between:
               (1)  the amount calculated under Subsection (b); and
               (2)  the amount calculated under Subsection (c).
         (b)  The agency shall calculate a school district's value for
  Subsection (a)(1) by determining the difference in the amount the
  district must pay in compensation to employees on the minimum
  salary schedule under Section 21.402, as amended by  _.B. ___, Acts
  of the 88th Legislature, Regular Session, 2023, from the amount
  paid in compensation to employees on the minimum salary schedule
  under that section as effective in the 2022-2023 school year, less
  the difference between:
               (1)  the amount of employer contributions under Section
  825.4035, Government Code, and Section 1575.203, Insurance Code,
  the district paid in the 2022-2023 school year for employees on the
  minimum salary schedule under Section 21.402; and
               (2)  the amount the district would have paid in
  employer contributions under Section 825.4035, Government Code,
  and Section 1575.203, Insurance Code, in the 2022-2023 school year
  for employees on the minimum salary schedule if the changes made to
  Section 21.402 by _.B. ___, Acts of the 88th Legislature, Regular
  Session, 2023, had been in effect.
         (c)  The agency shall calculate a school district's value for
  Subsection (a)(2) by determining the total maintenance and
  operations revenue for the current school year less the total
  maintenance and operations revenue that would have been available
  to the district using the basic allotment formula provided by
  Section 48.051 and the small and mid-sized allotment formulas
  provided by Section 48.101 as those sections existed on January 1,
  2023.
         (d)  Before making a final determination of the amount of an
  allotment to which a school district is entitled under this
  section, the agency shall ensure each school district has an
  opportunity to review and submit revised information to the agency
  for purposes of calculating the values under Subsection (a).
         (e)  A school district is entitled to an allotment in an
  amount equal to:
               (1)  for the 2026-2027 school year, two-thirds of the
  value determined under Subsection (a); and
               (2)  for the 2027-2028 school year, one-third of the
  value determined under Subsection (a).
         (f)  A school district is not entitled to an allotment under
  this section in the 2028-2029 school year or a later school year.
         (g)  This section expires September 1, 2029.
         SECTION 26.  The following provisions are repealed:
               (1)  Section 21.042, Education Code;
               (2)  Sections 21.402(b), (c), (c-1), (f), and (h),
  Education Code;
               (3)  Sections 21.403(a) and (d), Education Code;
               (4)  Section 48.114(b), Education Code;
               (5)  Subchapter Q, Chapter 21, Education Code; and
               (6)  Section 825.4092(f), Government Code, as added by
  Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
  Session, 2021.
         SECTION 27.  Section 21.3521, Education Code, as amended by
  this Act, does not affect a teacher designation made under that
  section before the effective date of this Act. A teacher
  designation made under Section 21.3521, Education Code, and funding
  provided to a school district under Section 48.112, Education Code,
  for a teacher with that designation before the effective date of
  this Act are governed by the law in effect on the date the
  designation was made, and the former law is continued in effect for
  that purpose.
         SECTION 28.  (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 48.051, 48.101, 48.112(c) and (d), and 48.114,
  Education Code, as amended by this Act, and Sections 48.157,
  48.158, and 48.280, Education Code, as added by this Act, take
  effect September 1, 2023.