BILL ANALYSIS
Senate Research Center |
C.S.H.B. 2 |
89R31606 MM/KJE/ANG-F |
By: Buckley et al. (Creighton) |
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Education K-16 |
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5/19/2025 |
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Committee Report (Substituted) |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the commissioner of education in SECTION 1.02 (Section 21.3522, Education Code), SECTION 2.18 (Sections 21.909 and 21.911, Education Code), SECTION 4.09 (Section 29.0051, Education Code), SECTION 4.12 (Section 29.008, Education Code), SECTION 4.16 (Section 29.013, Education Code), SECTION 4.24 (Section 29.026, Education Code), SECTION 4.41 (Section 29.316, Education Code), SECTION 4.54 (Section 48.102, Education Code), SECTION 4.55 (Section 48.1021, Education Code), SECTION 5.10 (Sections 28.0063, 28.0064, 28.0065, and 28.0071, Education Code), SECTION 5.11 (Section 28.02111, Education Code), SECTION 5.14 (Section 29.1531, Education Code), SECTION 5.25 (Section 48.0052, Education Code), SECTION 6.03 (Section 11.186, Education Code), and SECTION 7.01 (Section 7.0611, Education Code) of this bill.
Rulemaking authority is expressly granted to the State Board for Educator Certification in SECTION 2.07 (Section 21.044, Education Code), SECTION 2.08 (Section 21.04422, Education Code), and SECTION 3.02 (Section 21.04893, Education Code) of this bill.
Rulemaking authority previously granted to the State Board for Educator Certification is modified in SECTION 2.09 (Section 21.0443, Education Code), and SECTION 2.11 (Section 21.049, Education Code) of this bill. �
Rulemaking authority is expressly granted to the Texas Education Agency in SECTION 4.06 (Section 29.0012, Education Code) and SECTION 7.01 (Section 7.0611, Education Code) of this bill.
Rulemaking authority previously granted to the commissioner of education is modified in SECTION 4.08 (Section 29.005, Education Code), SECTION 4.18 (Section 29.0162, Education Code), SECTION 4.22 (Section 29.022, Education Code), SECTION 4.34 (Section 29.049, Education Code), SECTION 4.41 (Section 29.316, Education Code), SECTION 4.53 (Section 48.009, Education Code), and SECTION 5.09 (Section 28.006, Education Code) of this bill.
Rulemaking authority previously granted to the Texas Education Agency is rescinded in SECTION 4.15 (Section 29.012, Education Code) and SECTION 4.16 (Section 29.013, Education Code) of this bill.
Rulemaking authority previously granted to the Health and Human Services Commission is rescinded in SECTION 4.15 (Section 29.012, Education Code) of this bill.
Rulemaking authority previously granted to the Department of Family and Protective Services is rescinded in SECTION 4.15 (Section 29.012, Education Code) of this bill.
Rulemaking authority previously granted to the Texas Juvenile Justice Department is rescinded in SECTION 4.15 (Section 29.012, Education Code) of this bill.
Rulemaking authority previously granted to the Texas Education Agency is modified in SECTION 4.21 (Section 29.020, Education Code), SECTION 4.27 (Section 29.042, Education Code), and SECTION 4.52 (Section 38.003, Education Code) of this bill.
Rulemaking authority previously granted to the commissioner of education is rescinded in SECTION 4.40 (Section 29.315, Education Code), SECTION 4.41 (Section 29.316, Education Code), SECTION 4.47 (Section, 30.005, Education Code), SECTION 4.54 (Section 48.102, Education Code), and SECTION 4.60 (Section 48.265, Education Code) of this bill.
Rulemaking authority previously granted to the State Board of Education is transferred to the commissioner of education in SECTION 4.45 (Section 30.003, Education Code) and SECTION 4.46 (Section 30.004, Education Code) of this bill.
Rulemaking authority previously granted to the executive commissioner of the Health and Human Services Commission is rescinded in SECTION 4.41 (Section 29.316, Education Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1. TEACHER COMPENSATION
SECTION 1.01. Amends Section 21.3521, Education Code, by amending Subsections (a), (c), and (e) and adding Subsections (c-1), (d-1), (d-2), and (d-3), as follows:
(a) Authorizes a school district or open-enrollment charter school, subject to Subsection (b) (relating to requiring the commissioner of education (commissioner) to establish certain performance and validity standards), to designate a classroom teacher as a master, exemplary, recognized, or acknowledged teacher for a five-year period based on the results from single year or multiyear appraisals that comply with certain sections of the Education Code. Makes nonsubstantive changes.
(c) Authorizes a classroom teacher that holds a National Board Certification issued by the National Board for Professional Teaching Standards, notwithstanding performance standards established under Subsection (b) and subject to authorization under Section 21.3523, to be designated as nationally board certified, rather than recognized.
(c-1) Provides that a classroom teacher's designation under Subsection (c) is valid for a five-year period, regardless of whether the State Board for Educator Certification (SBEC) subsequently revokes authorization for a nationally board certified teacher designation under Section 21.3523.
(d-1) Requires the commissioner, each school year, using criteria developed by the commissioner, to designate as enhanced teacher incentive allotment systems school districts and open-enrollment charter schools that implement comprehensive school evaluation and support systems. Requires that the criteria developed by the commissioner require a district or school to:
(1) for principals and assistant principals, implement a strategic evaluations system aligned with the district's or school's teacher designation system and a compensation system based on performance;
(2) ensure that under the district's or school's teacher designation system substantially all classroom teachers, regardless of the grade level or subject area to which the teacher is assigned, are eligible to earn a designation under Subsection (a);
(3) implement for all classroom teachers a compensation plan based on performance that uses a salary schedule differentiates among classroom teachers based on staff appraisals and does not include across-the-board salary increases for classroom teachers except for periodic changes to the district's or school's salary schedule to adjust for significant inflation; and
(4) implement a locally designed plan to place highly effective teachers at high needs campuses and in accordance with Section 28.0062(a)(3) (relating to requiring each school district and open-enrollment charter school to prioritize placement of highly effective teachers in kindergarten through second grade).
(d-2) Provides that the commissioner is authorized to designate a school district or open-enrollment charter school as an enhanced teacher incentive allotment system under Subsection (d-1) only if the district or school has implemented a local optional teacher designation system under Section 21.3521 (Local Optional Teacher Designation System).
(d-3) Authorizes the commissioner to remove a school district's or open-enrollment charter school's designation under Subsection (d-1) if the commissioner determines the district or school no longer meets the criteria for the designation.
(e) Requires the Texas Education Agency (TEA) to develop and provide technical assistance for school districts and open-enrollment charter schools that request assistance in implementing a local optional teacher system, including certain systems and standards.
SECTION 1.02. Amends Subchapter H, Chapter 21, Education Code, by adding Sections 21.3522 and 21.3523, as follows:
Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM GRANT PROGRAM. (a) Requires TEA, from funds appropriated or otherwise available for the purpose, to establish and administer a grant program to provide money and technical assistance to certain initiatives and systems.
(b) Requires that a grant awarded under this section meet the needs of individual school districts and enable regional leadership capacity.
(c) Authorizes the commissioner to adopt rules as necessary to implement this section.
Sec. 21.3523. REVIEW AND AUTHORIZATION OF NATIONALLY BOARD CERTIFIED TEACHER DESIGNATION. (a) Authorizes the State Board for Educator Certification (SBEC) to periodically review National Board Certifications issued by the National Board for Professional Teaching Standards to determine whether to reauthorize or revoke authorization for the nationally board certified teacher designation under Section 21.3521(c). Authorizes the board, if the board revokes authorization, to at any time conduct a review under this subsection to determine whether to reauthorize the nationally board certified teacher designation.
(b) Requires that a review under Subsection (a) evaluate whether the components and assessments required for a National Board Certification align and comply with state law, including whether earning a National Board Certification would interfere with the certificate holder's ability to provide certain instruction and the components and assessments align with the criteria adopted by the State Board of Education (SBOE) under Section 31.022 (State Board of Education Instructional Material Review and Approval) for the approval of instructional materials.
(c) Requires SBEC, not later than December 31, 2026, to conduct an initial review under Subsection (a) of National Board Certifications issued by the National Board for Professional Teaching Standards and reauthorize or revoke the nationally board certified teacher designation under Section 21.3521(c). Provides that, if SBEC fails to reauthorize the designation by that date, the authorization for the designation is revoked. Provides that this subsection expires September 1, 2027.
SECTION 1.03. Amends Subchapter I, Chapter 21, Education Code, by adding Section 21.417, as follows:
Sec. 21.417. RESOURCES, INCLUDING LIABILITY INSURANCE, FOR CLASSROOM TEACHERS. (a) Requires TEA, from funds appropriated or otherwise available for the purpose, to contract with a third party to provide the following services for a classroom teacher employed under a probationary, continuing, or term contract: assistance in understanding the teacher's rights, duties, and benefits and liability insurance to protect a teacher against liability to a third party based on conduct that the teacher allegedly engaged in during the course of the teacher's duties.
(b) Prohibits a school district from interfering with a classroom teacher's access to services provided under this section.
(c) Requires that a contract entered into by TEA to provide services under Subsection (a) prohibit the entity with which TEA contracts from using funds received under the contract to engage in conduct that a state agency using appropriated money is prohibited from engaging in under Chapter 556 (Political Activities by Certain Public Entities and Individuals), Government Code and political activities or advocate for issues regarding public schools, including for boards of trustees of school districts or school districts.
(d) Prohibits this section from being interpreted to interfere with a classroom teacher's or other school district employee's exercise of a right protected by the First Amendment to the United States Constitution.
SECTION 1.04. Amends the heading to Section 22.001, Education Code, to read as follows:
Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER DUES.
SECTION 1.05. Amends Sections 22.001(a) and (b), Education Code, as follows:
(a) Entitles a school district employee to have an amount deducted from the employee's salary for membership fees or dues to a professional organization or an entity providing services to classroom teachers under Section 21.417. Requires that the employee file with the district a signed written request identifying the organization or entity, rather than identifying the organization and specifying the number of pay periods per year the deductions are to be made. Makes a conforming change.
(b) Requires the district to deduct the total amount of the fees or dues for a year in equal amounts per pay period, rather than in equal amounts per pay period for the number of periods specified by the employee. Requires the district to notify the employee not later than the 45th day after the district receives a request under Subsection (a) of the number of pay periods annually from which the district will deduct the fees or dues.
SECTION 1.06. Amends Section 48.112, Education Code, by amending Subsections (c), (d), and (i) and adding Subsection (g-1), as follows:
(c) Provides that, 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, rather than $32,000, as determined under Subsection (d), for each master teacher;
(2) $9,000, rather than $6,000, or an increased amount not to exceed $25,000, rather than $18,000, as determined under Subsection (d), for each exemplary teacher;
(3) $5,000, rather than $3,000, or an increased amount not to exceed $15,000, rather than $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 acknowledged teacher or nationally board certified teacher.
Makes nonsubstantive changes to this subsection.
(d) Provides that 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) (relating to a certain point value for each student at a district campus):
(1) $6,000, rather than $5,000, for each master teacher;
(2) $4,000, rather than $3,000, for each exemplary teacher;
(3) $2,500, rather than $1,500, for each recognized teacher; and
(4) $1,500 for each acknowledged teacher or nationally board certified teacher.
Makes nonsubstantive changes to this subsection.
(g-1) Requires the commissioner, for a district that is designated as an enhanced teacher incentive allotment public school under Section 21.3521(d-1), to increase the amount to which the district is entitled under Section 48.112 (Teacher Incentive Allotment) by multiplying that amount by 1.1.
(i) Requires a district to annually certify that:
(1) funds received under this section were used for certain purposes, including for a district whose allotment was increased under Subsection (g-1), the amount by which the allotment was increased under that subsection was used to meet the criteria to maintain a designation as an enhanced teacher incentive allotment public school under Section 21.3521(d-1); and
(2) makes no changes to this subdivision.
Makes nonsubstantive changes to this subsection.
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SECTION 1.07. Amends Subchapter D, Chapter 48, Education Code, by adding Section 48.158, as follows:
Sec. 48.158. TEACHER RETENTION ALLOTMENT. (a) Defines "classroom teacher."
(b) Entitles a school district to an annual allotment for each classroom teacher who is employed by or contracts with the district for which the allotment is provided as follows:
(1) if the district has 5,000 or fewer students enrolled for the school year, $5,000 for each classroom teacher who has at least three but less than five years of teaching experience and $10,000 for each classroom teacher who has five or more years of teaching experience; and
(2) if the district has more than 5,000 students enrolled for the school year, $2,500 for each classroom teacher who has at least three but less than five years of teaching experience and $5,500 for each classroom teacher who has five or more years of teaching experience.
(b-1) Entitles a school district described by Subsection (b)(2), instead of the allotment under that subdivision, to funding under Subsection (b)(1) if the school district received an allotment under Subsection (b)(1) in a previous school year.
(c) Requires a school district, for the 2025�2026 school year, to use money received under Subsection (b) to increase the salary provided to each classroom teacher for which the district is entitled to funding under Subsection (b) for that year over the salary the teacher received or would have received if the teacher was employed by or contracted with the district in the 2024�2025 school year by at least the amount received per classroom teacher under Subsection (b) or, if the school district is applying to be designated as an enhanced teacher incentive allotment system, increase the salaries of classroom teachers for that year based on performance.
(d) Requires a school district, except as provided by Subsection (e), for the 2026�2027 and each subsequent school year, to use money received under Subsection (b) to maintain the salary increases for classroom teachers provided under Subsection (c). Provides that any additional funding generated for a school district under this section is authorized only to be used for the compensation of classroom teachers who are employed by or contract with the district and who have three or more years of experience.
(e) Authorizes a school district that has been designated as an enhanced teacher incentive allotment system for the applicable school year to use money received under Subsection (b) to provide salaries to classroom teachers in accordance with the district's compensation plan.
(f) Provides that a school district that increases classroom teacher compensation in the 2025�2026 school year to comply with Subsection (c), as added by H.B. 2, 89th Legislature, Regular Session, 2025, is providing compensation for services rendered independently of an existing employment contract applicable to that school year and is not in violation of Section 53 (Payment of Extra Compensation or Unauthorized Claims Prohibited), Article III (Legislative Department), Texas Constitution. Provides that this subsection expires September 1, 2027.
SECTION 1.08. Amends Section 48.257, Education Code, by adding Subsection (b-1), as follows:
(b-1) Entitles a school district, if for any school year the district receives an adjustment under Subsection (b) and, after that adjustment, is no longer subject to Subsection (a), to additional state aid for that school year in an amount equal to the lesser of the difference, if the difference is greater than zero, between the amount to which the district is entitled under certain provisions less the district's distribution from the available school fund for that school year and the district's tier one maintenance and operations tax collections for that school year or the district's allotment under Section 48.158 for that school year.
SECTION 1.09. Repealers: Sections 48.051(c) (relating to requiring a school district, during any school year for which the maximum amount of the basic allotment is greater than the maximum amount provided for the preceding, to use at least 30 percent of the amount for certain purposes ) and (c-1) (relating to entitling a school district employee meeting certain criteria to salary that is equal to the salary the employee received for the 2019�2020 school year), Education Code.
Repealers: Sections 48.051(c-2) (relating to providing that a reduction in the salary of a school district employee is subject to certain rights granted to the employee) and (d) (relating to defining "compensation"), Education Code.
SECTION 1.10. Requires a school district or open-enrollment charter school, not later than September 1, 2026, to redesignate a teacher who holds a recognized teacher designation under Section 21.3521(c), Education Code, on the basis of the teacher's national board certification, before the effective date of this article, to reflect the teacher's nationally board certified designation under Section 21.3521(c), Education Code, as amended by this article. Provides that a redesignation under this section is effective beginning September 1, 2026.
SECTION 1.11. (a) Effective date, except as provided by Subsections (b) and (c) of this section: upon passage or September 1, 2025.
(b) Effective date, Sections 48.158 and 48.257(b-1), Education Code, as added by this article: September 1, 2025.
(c) Effective date: Section 48.112, Education Code, as amended by this article: September 1, 2026.
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ARTICLE 2. EDUCATOR PREPARATION AND TEACHER RIGHTS
SECTION 2.01. Amends Section 12A.004(a), Education Code, as follows:
(a) Prohibits a local innovation plan from providing for the exemption of a district designated as a district of innovation from the following provisions of Title 2 (Public Education):
(1)-(2) makes no changes to these subdivisions;
(3) the employment of uncertified classroom teachers under Section 21.0032;
�(4) parental notification requirements under Section 21.057 (Parental Notification);
(5) creates this subdivision from existing text and makes no further changes; and
(6) redesignates existing Subdivision (4) as Subdivision (6) and makes no further changes.
SECTION 2.02. Amends Section 19.007(g), Education Code, to entitle the district, in addition to other amounts received by the district under this section, to the preparing and retaining educators through partnership program allotment under Section 48.157, and to make nonsubstantive changes.
SECTION 2.03. Amends Section 21.001, Education Code, by adding Subdivision (3-b) to define "teacher of record."
SECTION 2.04. Amends Subchapter A, Chapter 21, Education Code, by adding Sections 21.0032 and 21.0033, as follows:
Sec. 21.0032. EMPLOYMENT OF UNCERTIFIED CLASSROOM TEACHERS. (a) Prohibits a school district from employing as a teacher of record for a course in the foundation curriculum under Section 28.002 (Required Curriculum) a person who does not hold an appropriate certificate or permit required by SBEC under Subchapter B (Certification for Educators), Chapter 21 (Educators).
(a-1) Authorizes the commissioner, notwithstanding Subsection (a), on the receipt and approval of a plan submitted by a school district to the commissioner that provides a reasonable timeline and strategy to comply with that subsection before the beginning of the 2029�2030 school year, to allow the district to delay implementation of the requirement of that subsection. Provides that this subsection expires September 1, 2030.
(a-2) Authorizes a school district that has adopted a local innovation plan under Chapter 12A (District of Innovation) for the 2026�2027 school year that exempts the district from the applicable teacher certification requirements under Section 21.003 (Certificate Required), notwithstanding Subsection (a) and Section 12A.004 (Limitation of Permissible Exemptions), to employ as a teacher of record for a course other than a reading language arts or mathematics course in a grade level above grade five a person who does not hold an appropriate certificate or permit required by SBEC under Subchapter B. This subsection expires September 1, 2027.
(b) Provides that this section does not preclude a school district from receiving a waiver under Section 7.056 (Waivers and Exemptions) or issuing a school district teaching permit under Section 21.055 (School District Teaching Permit).
Sec. 21.0033. TEACHER CERTIFICATION INCENTIVE. (a) Requires TEA, from money appropriated or otherwise available for the purpose, to provide to each school district a one-time payment of $1,000 for each classroom teacher employed by the district who fulfills certain criteria.
(b) Provides that this section expires September 1, 2028.
SECTION 2.05. Amends Section 21.041, Education Code, by adding Subsection (e) to provide that a rule proposed by SBEC under Section 21.041 (Rules; Fees) relating to educator preparation is not subject to Section 2001.0045 (Requirement for Rule Increasing Costs to Regulated Persons), Government Code.
SECTION 2.06. Amends Subchapter B, Chapter 21, Education Code, by adding Section 21.0412, as follows:
Sec. 21.0412. TYPES OF TEACHING CERTIFICATES. (a) Requires SBEC, in proposing rules specifying the types of teaching certificates to be issued under this subchapter, to provide for a candidate to be issued:
(1) a standard certificate if the candidate satisfies all traditional teacher preparation requirements under Section 21.04421 or the applicable alternative teacher preparation requirements under Section 21.04423;
(2) an enhanced standard certificate if the candidate satisfies all requirements of the teacher residency preparation route established under Section 21.04422;
(3) an intern with preservice experience certificate, which expires one year after issuance unless modified by SBEC, if the candidate has yet to satisfy all requirements for certification for a preservice alternative teacher preparation route established under Section 21.04423(1) but has completed a sufficient number of preservice practice hours to serve as a teacher of record; and
(4) an intern certificate, which expires two years after issuance unless modified by SBEC, if the candidate has yet to satisfy all requirements for certification for an alternative teacher preparation route established under Section 21.04423(2) but has met all SBEC requirements to serve as a teacher of record.
(b) Prohibits rules proposed under Subsection (a)(2) from requiring a candidate to pass a pedagogy examination unless the examination tests subject-specific content appropriate for the grade level and subject area for which the candidate seeks certification.
(c) Requires a candidate for a certification described by Subsection (a) to meet all other requirements imposed under this subchapter or SBEC rule applicable to the candidate's certification.
(d) Provides that this section does not prohibit SBEC from proposing rules that provide for certifications other than the certifications described by Subsection (a), including specialized certifications and other types and classes of certifications.
SECTION 2.07. Amends Section 21.044, Education Code, by adding Subsections (i) and (j), as follows:
(i) Requires an educator preparation program participating in a Preparing and Retaining Educators through Partnership Preservice Program under Subchapter R to:
(1) incorporate the applicable instructional materials and training developed under Section 21.067, as determined by SBEC;
(2) if applicable for the grade and subject area for which a teacher candidate enrolled in the educator preparation program is seeking certification, incorporate the literacy achievement academies and mathematics achievement academies established under Sections 21.4552 and 21.4553; and
(3) ensure that instruction and training described by Subdivisions (1) and (2) are delivered by a person with appropriate training who has successfully completed a certification related to that training offered by TEA.
(j) Requires SBEC by rule, for purposes of Subsection (i)(2), to designate the components of a literacy achievement academy or mathematics achievement academy under Section 21.4552 or 21.4553, as applicable, that may be completed after receiving an intern with preservice experience certificate under Section 21.0412.
SECTION 2.08. Amends Subchapter B, Chapter 21, Education Code, by adding Sections 21.04421, 21.04422, and 21.04423, as follows:
Sec. 21.04421. TRADITIONAL TEACHER PREPARATION. (a) Requires SBEC, in proposing rules under this subchapter regarding training requirements for a candidate seeking certification through a traditional teacher preparation route in which a candidate is authorized to concurrently receive an undergraduate or master's degree and a certification to teach a subject area at a particular grade level, to require the candidate to complete substantial preservice practice in a prekindergarten through grade 12 classroom.
(b) Requires that the rules proposed under Subsection (a) require training to be provided synchronously. Authorizes SBEC to approve components of the training to be delivered asynchronously on application by an educator preparation program.
Sec. 21.04422. TEACHER RESIDENCY PREPARATION. (a) Requires SBEC to propose rules under this subchapter to create a teacher residency preparation route.
(b) Requires SBEC, in proposing rules for a teacher residency preparation route under this section, to require that the program meet certain criteria.
Sec. 21.04423. ALTERNATIVE TEACHER PREPARATION. Requires SBEC, in proposing rules under this subchapter regarding training requirements for a candidate who has previously earned a degree and is seeking certification through an alternative teacher preparation route, to establish a preservice alternative teacher preparation route that meets certain criteria and an alternative teacher preparation route that allows for flexibility in how a candidate may demonstrate proficiency for certification.
SECTION 2.09. Amends Section 21.0443, Education Code, as follows:
Sec. 21.0443. EDUCATOR PREPARATION PROGRAM APPROVAL AND RENEWAL. (a) Requires SBEC to propose rules to establish standards to govern the approval or renewal of approval of certain programs, routes, and certification fields, including the teacher preparation routes established under Sections 21.04421, 21.04422, and 21.04423.
(a-1) Authorizes SBEC to review an educator preparation program's curriculum before the approval or renewal of approval of the program and at any time after the approval or renewal of the approval of the program to ensure the program remains eligible for approval by demonstrating that any changes to curriculum requirements proposed by the board since the most recent review have been incorporated into the curriculum.
(b) Requires that, to be eligible for approval or renewal of approval, an educator preparation program:
(1)-(2) makes nonsubstantive changes to these subdivisions;
(3) ensure that the program complies in the same manner as if the program were a school district with certain prohibitions and requirements regarding program instructional personnel and coursework, the acceptance of private funds, and the punishment of students;
(4) if applicable, meet the requirements of Section 21.044(i); and
(5)-(6) makes nonsubstantive changes to these subdivisions.
(b-1) Authorizes nothing in Subsection (b)(3) to be construed as limiting instruction in the essential knowledge and skills adopted under Subchapter A (Essential Knowledge and Skills; Curriculum), Chapter 28 (Courses of Study; Advancement).
(b-2) Provides that Subsection (b)(3) applies only to coursework offered by an educator preparation program for purposes of preparing a candidate to meet educator preparation and certification requirements. Provides that Subsection (b)(3) does not apply to other coursework offered by an entity providing an educator preparation program that is not included in the educator preparation program's requirements.
(c) Authorizes SBEC to require each educator preparation program to be reviewed for renewal of approval at least annually.
(d) Requires SBEC, in adopting the evaluation process under Subsection (c), to consider including quality indicators that reflect effective program practices and measures that provide for the observation of program practices to ensure program quality.
SECTION 2.10. Amends Subchapter B, Chapter 21, Education Code, by adding Section 21.0456, as follows:
Sec. 21.0456. NOTICE OF ACTION AGAINST INSTITUTION OF HIGHER EDUCATION. Requires SBEC to notify the governing board and the president or other chief executive officer of an institution of higher education, as defined by Section 61.003 (Definitions), and the Texas Higher Education Coordinating Board if SBEC sanctions the institution, changes the accreditation status of an educator preparation program at the institution, or approves or authorizes a new educator preparation program at the institution.
SECTION 2.11. Amends Section 21.049, Education Code, as follows:
Sec. 21.049. New heading: ALTERNATIVE EDUCATOR PREPARATION PROGRAMS. (a) Requires SBEC, to provide a continuing additional source of qualified educators, to propose rules providing that educator certification programs are authorized to be provided by an institution of higher education or another entity. Deletes existing text requiring SBEC to propose rules providing for educator certification programs as an alternative to traditional educator preparation programs.
(b) Prohibits SBEC from requiring certain persons to complete an alternative educator preparation, rather than certification, program adopted under this section before taking the appropriate certification examination.
SECTION 2.12. Amends Sections 21.055(a), (b), and (c), Education Code, as follows:
(a) Authorizes a school district, as provided by Section 211.055 (School District Teaching Permit), to issue a school district teaching permit and employ as a teacher of record a person who does not hold a teaching certificate issued by the board on approval by the district's board of trustees.
(b) Requires a person, to be eligible for a school district teaching permit under this section, to meet certain criteria, including to have served at or been employed by the district as a paraprofessional for not less than 180 days during the preceding calendar year and be currently enrolled in a postsecondary program that could lead to a baccalaureate degree and on track to earn a baccalaureate degree and receive a probationary certificate not later than the third anniversary of the date the person receives a school district teaching permit under this section.
(c) Requires a school district, promptly after employing a person described by Subsection (b)(1) (relating to holding a baccalaureate degree) under this section, to send to the commissioner certain information.
SECTION 2.13. Amends Section 21.057, Education Code, is amended by adding Subsection (f) to require the superintendent, if TEA has developed a model notice for purposes of this section, to use that model to provide the notice required under this section.
SECTION 2.14. Amends Subchapter B, Chapter 21, Education Code, by adding Section 21.067, as follows:
Sec. 21.067. EDUCATOR PREPARATION MATERIALS AND TRAINING. (a) Requires the commissioner to develop and make available instructional materials for use in educator preparation programs under this subchapter and training for faculty responsible for preparing educator candidates.
(b) Requires that the materials and training developed under Subsection (a):
(1) be research-based;
(2) support the development of proficiency in the knowledge and skills specified by rules proposed under Section 21.044(a)(1) (relating to requiring SBEC to propose rules specifying educator expectations particularly with regard to students with disabilities); and
(3) allow for an educator candidate to demonstrate the candidate's proficiency, including proficiency in the knowledge and skills described by Subdivision (2).
SECTION 2.15. Amends Section 21.402, Education Code, by adding Subsections (f-1), (f-2), (f-3), and (f-4), as follows:
(f-1) Requires a school district to pay to a classroom teacher with zero years of experience who holds a certificate under Section 21.0412(a)(1), (2), or (3) a minimum salary that is greater than the minimum salary paid to a classroom teacher with zero years of experience who does not hold a certificate under Section 21.0412(a)(1), (2), or (3).
(f-2) Authorizes the board of trustees of a school district to adopt minimum salaries to satisfy the requirements of Subsection (f-1) as follows:
(1) for a classroom teacher who holds a standard certificate or intern with preservice experience certificate under Section 21.0412(a)(1) or (3), $3,000; and
(2) for a classroom teacher who holds an enhanced standard certificate under Section 21.0412(a)(2), $6,000.
(f-3) Provides that Subsection (f-1) does not apply to a stipend or other form of compensation not included in a classroom teacher's minimum salary under this section.
(f-4) Prohibits a school district from adopting a salary schedule that differentiates classroom teacher salaries based solely on a teacher's certification pathway for teachers who have five or more years of teaching experience.
SECTION 2.16. Amends Section 21.4552(f), Education Code, as follows:
(f) Requires a school district, from money appropriated or otherwise available for the purpose, including an allotment under Section 48.108 (Early Education Allotment), to provide to an educator preparation program for each teacher enrolled in the educator preparation program who holds an intern with preservice experience certificate under Section 21.0412(a)(3) and completes a literacy achievement academy under this section while employed by the district a one-time payment of $1,000 or another amount set by TEA. Deletes existing text providing that this section expires September 1, 2027.
SECTION 2.17. Amends Section 21.4553(f), Education Code, as follows:
(f) Requires a school district, from money appropriated or otherwise available for the purpose, including an allotment under Section 48.108, to provide to an educator preparation program for each teacher enrolled in the educator preparation program who holds an intern with preservice experience certificate under Section 21.0412(a)(3) and completes a mathematics achievement academy under this section while employed by the district a one-time payment of $500 or another amount set by TEA. Deletes existing text providing that this section expires September 1, 2027.
SECTION 2.18. Amends Chapter 21, Education Code, by adding Subchapter R, as follows:
SUBCHAPTER R. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP PROGRAMS
Sec. 21.901. DEFINITIONS. Defines "alternative partnership preservice program," "board," "cooperating teacher," "grow your own partnership program," "mentor teacher," "partnership preservice program," "residency partnership preservice program," "teacher candidate," and "traditional partnership preservice program."
Sec. 21.902. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP PRESERVICE PROGRAMS. (a) Requires the commissioner to establish Preparing and Retaining Educators through Partnership Preservice Programs to enable qualified educator preparation programs, as determined by the commissioner, to form partnerships with school districts and open-enrollment charter schools to provide preservice practice opportunities in a prekindergarten through grade 12 classroom for teacher candidates at the district or school through the traditional partnership preservice program, the residency partnership preservice program, or the alternative partnership preservice program.
(b) Requires that a partnership preservice program be designed to allow teacher candidates to receive field-based experience working with cooperating teachers in prekindergarten through grade 12 classrooms and gradually increase the amount of time a teacher candidate spends engaging in instructional responsibilities, including observation, co-teaching, and lead-teaching responsibilities.
(c) Requires a school district or open-enrollment charter school participating in a partnership preservice program to take certain actions.
(d) Provides that a school district or open-enrollment charter school is authorized to only pair a teacher candidate with a cooperating teacher who agrees to participate in that role in a partnership preservice program at the district or school.
(e) Prohibits a teacher candidate participating in a partnership preservice program from:
(1) serving as a teacher of record; or
(2) except as provided by Subsection (f), in a position in which the student or employee has the primary or sole responsibility of providing instruction or supervision to students.
(f) Authorizes a teacher candidate participating in a partnership preservice program to serve in a position described by Subsection (e)(2) for the limited purpose of gaining experience in the position. Prohibits the teacher candidate's amount of time serving in that position from exceeding the amount of time during which the teacher of record for the students has the primary or sole responsibility of providing instruction or supervision to those students.
(g) Requires that an educator preparation program, to be qualified to participate in a partnership preservice program, meet the requirements under Section 21.044(i).
Sec. 21.903. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP TRADITIONAL PRESERVICE PROGRAM. (a) Requires the commissioner to establish the Preparing and Retaining Educators through Partnership Traditional Preservice Program as a partnership preservice program to enable qualified educator preparation programs, as determined by the commissioner, that meet the traditional teacher preparation requirements under Section 21.04421 to form partnerships with school districts or open-enrollment charter schools to help prepare candidates for a standard certificate.
(b) Requires that the program be designed to meet the requirements of a partnership preservice program under Section 21.902 and allow a teacher candidate to satisfy the traditional teacher preparation requirements under Section 21.04421.
(c) Requires a school district or open-enrollment charter school participating in the traditional partnership preservice program to use money received under Section 48.157(b)(1) to provide compensation to:
(1) teacher candidates for preservice practice hours at the district or school in an amount of at least $3,000 for salary; and
(2) cooperating teachers who are paired with teacher candidates at the district or school in an amount of at least $1,000.
(d) Requires a school district or open-enrollment charter school, in addition to the amount provided by Subsection (c)(1), to provide compensation to teacher candidates in any amount above the amount provided by that subdivision for salary using money received under Section 48.157 or from any other available source.
Sec. 21.904. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP RESIDENCY PRESERVICE PROGRAM. (a) Requires the commissioner to establish the Preparing and Retaining Educators through Partnership Residency Preservice Program as a partnership preservice program to enable qualified educator preparation programs, as determined by the commissioner, that meet the teacher residency preparation requirements under Section 21.04422 to form partnerships with school districts or open-enrollment charter schools to help prepare candidates for an enhanced standard certificate.
(b) Requires that the program be designed to meet the requirements of a partnership preservice program under Section 21.902 and allow a teacher candidate to satisfy the teacher residency preparation requirements under Section 21.04422.
(c) Requires a school district or open-enrollment charter school participating in the residency partnership preservice program to use money received under Section 48.157(b)(2) to provide compensation to:
(1) teacher candidates for preservice practice hours at the district or school in an amount of at least $10,000 for salary; and
(2) cooperating teachers who are paired with teacher candidates at the district or school in an amount of at least $2,000.
(d) Requires a school district or open-enrollment charter school, in addition to the amount provided by Subsection (c)(1), to provide compensation to teacher candidates in an amount of at least $10,000 for salary using money received under Section 48.157 or from any other available source.
(e) Provides that an educator preparation program is not required to incorporate the instruction described by Section 21.044(i) to be eligible to participate in a residency partnership preservice program until the date on which rules proposed by SBEC to implement that subsection take effect. Provides that this subsection expires September 1, 2028.
Sec. 21.905. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP ALTERNATIVE PRESERVICE PROGRAM. (a) Requires the commissioner to establish the Preparing and Retaining Educators through Partnership Alternative Preservice Program as a partnership preservice program to enable qualified educator preparation programs, as determined by the commissioner, that meet the preservice alternative teacher preparation requirements under Section 21.04423 to form partnerships with school districts or open-enrollment charter schools to help prepare candidates for an intern with preservice experience certificate or standard certificate.
(b) Requires that the program be designed to meet the requirements of a partnership preservice program under Section 21.902 and allow a teacher candidate to satisfy the preservice alternative teacher preparation requirements under Section 21.04423(1).
(c) Requires a school district or open-enrollment charter school participating in the alternative partnership preservice program to use money received under Section 48.157(b)(3) to provide compensation to:
(1) teacher candidates for preservice practice hours at the district or school in an amount of at least $3,000 for salary; and
(2) cooperating teachers who are paired with teacher candidates at the district or school in an amount of at least $1,000.
(d) Requires a school district or open-enrollment charter school, in addition to the amount provided by Subsection (c)(1), to provide compensation to teacher candidates in any amount above the amount provided by that subdivision for salary using money received under Section 48.157 or from any other available source.
Sec. 21.906. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP GROW YOUR OWN PARTNERSHIP PROGRAM. (a) Requires the commissioner to establish the Preparing and Retaining Educators through Partnership Grow Your Own Partnership Program to enable qualified institutions of higher education and educator preparation programs, as determined by the commissioner, to form partnerships with school districts or open-enrollment charter schools to establish innovative staffing pipelines to ensure the availability of high-quality classroom teachers to benefit future district or school students.
(b) Requires that the grow your own partnership program be designed to form partnerships that support:
(1) high school students in completing career and technical education courses that help prepare the students to become classroom teachers; or
(2) district or school employees who do not hold a teaching certificate in completing a bachelor's degree to enable the person to become a classroom teacher while employed by the district or school.
(c) Provides that a school district or open-enrollment charter school is authorized to participate in a grow your own partnership program only if the district or school has been approved to participate in a partnership preservice program.
(d) Requires a school district or open-enrollment charter school participating in the grow your own partnership program to meet certain criteria.
(e) Authorizes a school district or open-enrollment charter school to use money received under Section 48.157 to implement the grow your own partnership program and pay tuition and fees for students or employees participating in the program.
(f) Provides that a school district or open-enrollment charter school is authorized to only pair a student or employee participating in the program with a cooperating teacher who agrees to participate in that role in a grow your own partnership program at the district or school.
(g) Prohibits a student or employee participating in the program from serving:
(1) as a teacher of record; or
(2) except as provided by Subsection (h), in a position in which the student or employee has the primary or sole responsibility of providing instruction or supervision to students.
(h) Authorizes a student or employee participating in the program to serve in a position described by Subsection (g)(2) for the limited purpose of gaining experience in the position. Prohibits the student's or employee's amount of time serving in that position from exceeding the amount of time during which the teacher of record for the students has the primary or sole responsibility of providing instruction or supervision to those students.
Sec. 21.907. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP MENTORSHIP PROGRAM. (a) Requires the commissioner to establish a preparing and retaining educators through partnership mentorship program through which participating school districts or open-enrollment charter schools implement a mentoring program that meets the requirements of Section 21.458 for classroom teachers who have less than two years of teaching experience.
(b) Requires a school district or open-enrollment charter school participating in the program to require a classroom teacher who serves as a mentor teacher to annually complete a training program for mentor teachers established or adopted by TEA.
(c) Requires a school district or open-enrollment charter school to use money received under Section 48.157(b)(5) to provide stipends for mentor teachers in an amount of at least $1,000.
(d) Authorizes the district, if any money remains after providing a stipend to mentor teachers in accordance with Subsection (c), to use that money to provide scheduled release time for mentor teachers and classroom teachers being mentored to meet and engage in mentoring activities and support for mentor teachers through mentor training and strategic staffing training.
Sec. 21.908. AGENCY SUPPORT. Requires TEA to provide technical assistance, planning, and support to school districts, open-enrollment charter schools, and educator preparation programs, which are required to include certain support and agreements.
Sec. 21.909. PROGRAM STANDARDS AND PERFORMANCE GOALS. (a) Requires the commissioner to adopt rules establishing standards for partnership programs established under this subchapter, including eligibility criteria for educator preparation programs and institutions of higher education to participate in the partnership programs and performance goals for partnership programs established under this subchapter.
(b) Requires the commissioner to periodically review the performance of each partnership program established under this subchapter to ensure the program meets the standards and performance goals established under Subsection (a).
(c) Requires the commissioner, if the commissioner, in reviewing a partnership program under Subsection (b), determines that the program has failed to meet a performance goal established under Subsection (a), to prohibit the entity that failed to meet the performance goal from participating in a partnership program under this subchapter for a period not to exceed five years.
Sec. 21.910. AUTHORITY TO ACCEPT CERTAIN MONEY. Authorizes the commissioner to solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter.
Sec. 21.911. RULES. Requires the commissioner to adopt rules as necessary to implement this subchapter.
SECTION 2.19. Amends Subchapter D, Chapter 48, Education Code, by adding Section 48.157, as follows:
Sec. 48.157. PREPARING AND RETAINING EDUCATORS THROUGH PARTNERSHIP PROGRAM ALLOTMENT. (a) Defines "teacher candidate."
(b) Entitles a school district, subject to Subsections (f) and (g), to an annual allotment equal to each of the following applicable amounts:
(1) for each teacher candidate completing preservice practice hours at the district under Section 21.903, the sum of $10,000 and the high needs and rural factor, as determined under Subsection (c), multiplied by $2,000;
(2) for each teacher candidate completing preservice practice hours at the district under Section 21.904, the sum of $24,000 and the high needs and rural factor, as determined under Subsection (c), multiplied by $3,000;
(3) for each teacher candidate completing preservice practice hours at the district under Section 21.905, the sum of $10,000 and the high needs and rural factor, as determined under Subsection (c), multiplied by $2,000;
(4) for each district employee participating in a partnership described by Section 21.906(b)(2), the sum of $8,000 and the high needs and rural factor, as determined under Subsection (c), multiplied by $1,000; and
(5) for each classroom teacher being mentored under the preparing and retaining educators through partnership mentorship program established under Section 21.907, $3,000.
(c) Provides that the high needs and rural factor is the lesser of the average of the point value assigned to each student at a district campus under certain provisions or 4.0.
(d) Entitles a district, in addition to the funding under Subsection (b), to an additional $2,000 for each teacher candidate described by Subsection (b)(1), (2), or (3) who is a candidate for certification in bilingual education or special education.
(e) Entitles the Texas School for the Deaf (TSD) and the Texas School for the Blind and Visually Impaired (TSBVI) to an allotment under this section. Authorizes the commissioner, if the commissioner determines that assigning point values under Subsection (c) to students enrolled in TSD or TSBVI is impractical, to use the average point value assigned for those students' home districts for purposes of calculating the high needs and rural factor.
(f) Authorizes a school district, unless a greater number of individuals is provided for by appropriation for that school year, to receive an allotment for a school year for not more than:
(1) except as provided by Subsection (g), 40 individuals under each of Subsections (b)(2), (4), and (5); and
(2) a total of 80 individuals under Subsections (b)(1) and (3).
(g) Entitles the district, if more than 40 individuals are eligible to receive an allotment under Subsection (b)(2) for a school district, to an allotment under Subsection (b)(1) for those individuals, subject to the limitation under Subsection (f)(2).
(h) Requires the commissioner, for purposes of offsetting tuition, fees, and administrative costs, using money to which a school district is otherwise entitled under Subsection (b), to provide to a teacher candidate's educator preparation program each of the following applicable amounts and reduce the district's allotment under that subsection accordingly:
(1) $5,000 for each teacher candidate who completed a partnership preservice program under Section 21.903 who obtains a standard certificate and has completed one year of employment with the district;
(2) $10,000 for each teacher candidate who completed a partnership preservice program under Section 21.904 who obtains an enhanced standard certificate and has completed one year of employment with the district; and
(3) $2,500 for each teacher candidate participating in the alternative partnership preservice program under Section 21.905 who holds an intern with preservice experience certificate, and an additional $2,500 for each teacher candidate who completes the alternative partnership preservice program and obtains a standard certificate under Section 21.0412.
(i) Requires an institution of higher education that operates an educator preparation program that receives money under Subsection (h) to spend not less than 85 percent of the money received on the educator preparation program for which the money was received.
(j) Provides that TEA is required to only provide:
(1) an initial payment of $4,000 of the money the school district is entitled to receive under Subsection (b)(1) for a teacher candidate until the teacher candidate successfully completes the requirements of a partnership preservice program under Section 21.903 by the deadline established by TEA;
(2) an initial payment of $12,000 of the money the school district is entitled to receive under Subsection (b)(2) for a teacher candidate until the teacher candidate successfully completes the requirements of a partnership preservice program under Section 21.904 by the deadline established by TEA;
(3) an initial payment of $4,000 of the money the school district is entitled to receive under Subsection (b)(3) for a teacher candidate until the teacher candidate successfully completes the requirements of an alternative partnership preservice program under Section 21.905 by the deadline established by TEA and issuance of an intern with preservice experience certificate; and
(4) 50 percent of the money the school district is entitled to receive under Subsection (b)(4) for a district employee on the employee's successful completion of a bachelor's degree by the deadline established by TEA.
SECTION 2.20. Amends Subchapter G, Chapter 48, Education Code, by adding Section 48.310, as follows:
Sec. 48.310. ALLOTMENT FOR COMPLETION OF TEACHER LITERACY OR MATHEMATICS ACHIEVEMENT ACADEMIES. Entitles an educator preparation program participating in a Preparing and Retaining Educators through Partnership Preservice Program under Section 21.902, 21.903, 21.904, or 21.905 to an annual allotment for each teacher candidate who completes a literacy achievement academy or mathematics achievement academy under Section 21.4552 or 21.4553 approved by TEA for the purpose in the amount of $1,000, or a greater amount set by appropriation for that school year, for the completion of a literacy achievement academy or $500, or a greater amount set by appropriation for that school year, for the completion of a mathematics achievement academy.
SECTION 2.21. Repealer: Section 21.051(a) (relating to defining "teacher of record"), Education Code.
Repealer: Subchapter Q (Texas Teacher Residency Program), Chapter 21 (Educators), Education Code.
Repealer: Section 48.114 (Mentor Program Allotment), Education Code.
Repealer: Section 825.4092(f) (relating to providing that a reporting employer is ultimately responsible for payment of the amounts required to be contributed under certain provisions), Government Code.
SECTION 2.22. Provides that Section 12A.004(a), Education Code, as amended by this article, applies to each local innovation plan adopted under Chapter 12A (Districts of Innovation), Education Code, regardless of whether the plan was adopted before, on, or after the effective date of this article. Requires that a local innovation plan adopted or renewed before the effective date of this article comply with Section 12A.004(a), Education Code, as amended by this article, not later than September 1, 2026.
SECTION 2.23. (a) Provides that, except as otherwise provided by Subsection (b) of this section, this article applies beginning with the 2025�2026 school year.
(b) Provides that Section 21.0032, Education Code, as added by this article, and Section 21.402, Education Code, as amended by this article, apply beginning with the 2026�2027 school year.
SECTION 2.24. (a) Effective date, Sections 48.157 and 48.310, Education Code, as added by this article: September 1, 2025.
(b) Effective date, except as provided by Subsection (a) of this section: upon passage or September 1, 2025.
ARTICLE 3. RIGHTS OF PUBLIC SCHOOL EDUCATORS
SECTION 3.01. Amends Section 11.1513, Education Code, by amending Subsections (d) and (e) and adding Subsection (l), as follows:
(d) Requires that the employment policy adopted by the board of trustees of each independent school district provide that not later than the fifth, rather than 10th, school day before the date on which a district fills a certain vacant position the district is required to provide to each current district employee certain information and opportunities to apply for the position.
(e) Makes conforming changes to this subsection.
(l) Requires that the employment policy provide that for purposes of determining the amount of a reduction in the salary of a classroom teacher, full-time counselor, or full-time librarian for unpaid leave, the employee's daily rate of pay is computed by dividing the employee's annual salary by the number of days the employee is expected to work for that school year.
SECTION 3.02. Amends Subchapter B, Chapter 21, Education Code, by adding Sections 21.0411 and 21.04893, as follows:
Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND CERTIFICATION FEES. (a)
Requires SBEC, notwithstanding a rule adopted under Section 21.041(c), for a
person applying for a certification in special education, bilingual education,
or another area specified by the General Appropriations Act, to waive a
certification examination fee imposed by SBEC for the first administration of
the examination to the person and a fee associated with the application for
certification by the person.
(b) Requires SBEC to pay to a vendor that administers a certification examination described by Subsection (a) a fee assessed by that vendor for the examination of a person applying for a certification described by Subsection (a) for the first administration of the examination to the person.
Sec. 21.04893. BILINGUAL TARGET LANGUAGE PROFICIENCY TEST. Requires SBEC to propose rules to allow a person seeking certification under this subchapter who fails to perform satisfactorily on the Bilingual Target Language Proficiency Test to:
(1) retake only the sections of the test that include the domains on which the person failed to perform satisfactorily; and
(2) during a retake of the test described by Subdivision (1), demonstrate the person's language proficiency through the completion of fewer components, including eliminating a component that requires the preparation of a lesson plan for a person who fails to perform satisfactorily on a domain requiring completion of that component.
SECTION 3.03. Amends Section 21.105, Education Code, by amending Subsection (c) and adding Subsection (g), as follows:
(c) Authorizes SBEC, subject to certain provisions, including Subsection (g), on written complaint by the employing district, to impose sanctions against a teacher meeting certain criteria. Makes nonsubstantive changes.
(g) Prohibits SBEC from imposing 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) (relating to authorizing a teacher employed under a certain probationary contract to relinquish the position and leave the employment of the district at the end of the school year without penalty) and without the consent of the board of trustees under Subsection (b) (relating to authorizing a teacher employed under a probationary contract to resign, with the consent of certain entities, at any other time) if the teacher's failure to comply with Subsection (a) was due to:
(1) a serious illness or health condition of the teacher or a close family member of the teacher;
(2) the teacher's relocation because the teacher's spouse or a partner who resides with the teacher changes employers or location of employment;
(3) a significant change in the needs of the teacher's family in a manner that requires the teacher to relocate or forgo employment during a period of required employment under the teacher's contract; or
(4) the teacher's reasonable belief that the teacher had written permission from the school district's administration to resign.
SECTION 3.04. Amends Section 21.160, Education Code, by amending Subsection (c) and adding Subsection (g), as follows:
(c) Authorizes SBEC, subject to certain subsections, including Subsection (g), on written complaint by the employing district, to 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 meets certain criteria. Makes nonsubstantive changes.
(g) Prohibits SBEC from imposing 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) (relating to authorizing a teacher employed under a continuing contract to relinquish the position and leave the employment of the district at the end of the school year without penalty) and without the consent of the board of trustees under Subsection (b) (relating to authorizing a teacher employed under a continuing contract to resign, with the consent of certain entities, at any other time) if the teacher's failure to comply with Subsection (a) was due to certain reasons.
SECTION 3.05. Amends Section 21.210, Education Code, by amending Subsection (c) and adding Subsection (g), as follows:
(c) Authorizes SBEC, subject to certain subsections, including Subsection (g), on written complaint by the employing district, to 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 meets certain criteria. Makes nonsubstantive changes.
(g) Prohibits SBEC from imposing 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) (relating to authorizing a teacher employed under a term contract to relinquish the position and leave the employment of the district at the end of the school year without penalty) and without the consent of the board of trustees under Subsection (b) (relating to authorizing a teacher employed under a term contract to resign, with the consent of certain entities, at any other time) if the teacher's failure to comply with Subsection (a) was due to certain reasons.
SECTION 3.06. Amends Section 21.257, Education Code, by amending Subsection (a) and adding Subsection (f), as follows:
(a) Creates an exception under Subsection (f).
(f) Authorizes the hearing examiner to dismiss a hearing before completing the hearing or making a written recommendation if the teacher requests the dismissal, the school district withdraws the proposed decision that is the basis of the hearing, or the teacher and school district request the dismissal after reaching a settlement regarding the proposed decision that is the basis of the hearing.
SECTION 3.07. Amends Subchapter I, Chapter 21, Education Code, by adding Sections 21.416 and 21.418, as follows:
Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT PROGRAM. (a) Requires the commissioner, from money appropriated or otherwise available, to establish and administer a grant program to award money to reimburse a school district, an open-enrollment charter school, the Windham School District, TSD, or TSBVI that hires a teacher who retired before September 1, 2024, for the increased contributions to the Teacher Retirement System of Texas associated with hiring the retired teacher.
(b) Authorizes the legislature, in appropriating money for grants awarded under this section, to provide for, modify, or limit amounts appropriated for that purpose in the General Appropriations Act, including by:
(1) providing, notwithstanding Subsection (a), a date or date range other than September 1, 2024, before which a teacher is required to have retired for a certain academic institution to be eligible; or
(2) limiting eligibility to a district or school described by Subdivision (1) that hires a retired teacher that meets certain criteria.
(c) Requires the commissioner to proportionally reduce the amount of money awarded to certain academic institutions 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) Authorizes certain academic institutions to use money received under this section to make required payments under Section 825.4092 (Employer Contributions for Employed Retirees), Government Code.
Sec. 21.418. ELECTION BY TEACHER TO USE UNPAID LEAVE. Requires the board of trustees of a school district to adopt a policy that provides a classroom teacher employed by the district the option to elect not to take the teacher's paid personal leave concurrently with unpaid leave the teacher is entitled to take under the Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for an absence due to pregnancy or the birth or adoption of a child.
SECTION 3.08. Amends Subchapter J, Chapter 21, Education Code, by adding Sections 21.446, 21.467, and 21.468, as follows:
Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) Requires TEA, from money appropriated or otherwise available for the purpose, to develop training for and provide technical assistance to school districts and open-enrollment charter schools regarding certain matters.
(b) Requires TEA, from money appropriated or otherwise available, to provide grants to school districts and open-enrollment charter schools to implement initiatives developed under this section.
Sec. 21.467. TEACHER TIME STUDY. (a) Requires TEA, from money appropriated or otherwise available for the purpose, to develop and maintain a technical assistance program to support school districts and open-enrollment charter schools in 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, refining the schedules for students or staff as necessary to ensure teachers have sufficient time during normal work hours to fulfill all job duties, including addressing the needs of students, and studying how to reduce and streamline the tasks and duties a teacher is required to perform.
(b) Requires TEA to periodically make findings and recommendations for best practices publicly available using information from participating school districts and open-enrollment charter schools.
Sec. 21.468. TEACHER POSITION INFORMATION. Requires TEA to collect data from school districts and open-enrollment charter schools to address teacher retention and recruitment, including the classifications, grade levels, subject areas, duration, and other relevant information regarding vacant teaching positions at districts and schools. Authorizes the data to be collected through the Public Education Information Management System (PEIMS) or another electronic reporting mechanism specified by TEA.
SECTION 3.09. Amends Section 26.011, Education Code, by adding Subsection (c) to require that a grievance procedure adopted under Subsection (a) (relating to requiring the board of trustees of each school district to adopt a grievance procedure) require that, for a complaint filed against a teacher or other employee, the school district provide notice of the complaint to the teacher or employee against whom the complaint was filed and sufficient opportunity for the teacher or employee against whom the complaint was filed to submit a written response to the complaint to be included in the record.
SECTION 3.10. Amends Section 37.002, Education Code, by amending Subsections (b), (c), and (d) and adding Subsections (b-2), (b-3), (c-1), (c-2), (e-1), (e-2), and (f), as follows:
(b) Authorizes a teacher to remove from class a student who:
(1) repeatedly interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn;
(2) demonstrates behavior that is unruly, disruptive, or abusive toward the teacher, another adult, or another student, rather than whose behavior the teacher determines is unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or
(3) engages in conduct that constitutes bullying, as defined by Section 37.0832 (Bullying Prevention Policies).
Makes nonsubstantive changes to this subsection.
(b-2) Requires a teacher, campus behavior coordinator, or other appropriate administrator to notify a parent or person standing in parental relation to a student of the removal of a student under this section.
(b-3) Authorizes a teacher, subject to Sections 28.0022(a)(2) (relating to requiring a teacher who chooses to discuss a certain topic to explore that topic objectively and in a manner free from political bias) and (d) (relating to prohibiting a school district or open-enrollment charter school from implementing, interpreting, or enforcing any rule in a manner that would result in the punishment of a student for certain behaviors), to remove a student from class under Subsection (b) of this section based on a single incident of behavior described by Subsection (b)(1), (2), or (3).
(c) Prohibits a principal from returning a student to the class of a teacher who removed the student under Subsection (b) without the teacher's written consent unless the committee established under Section 37.003 (Placement Review Committee) determines that such placement is the best or only alternative available and, not later than the third class day after the day on which the student was removed from class, a conference in which the teacher has been provided an opportunity to participate has been held in accordance with Section 37.009(a) (relating to requiring the behavior coordinator or other appropriate administrator taking certain actions regarding a student's behavior). Prohibits the principal from returning the student to that teacher's class unless the teacher provides written consent for the student's return or a return to class plan has been prepared for that student. Provides that the principal is authorized to only designate an employee of the school whose primary duties do not include classroom instruction to create a return to class plan.
(c-1) Requires that a return to class plan required under Subsection (c) be created before or at the conference described by that subsection. Requires that a plan created before the conference be discussed at the conference.
(c-2) Requires the commissioner to adopt a model return to class plan for use by a school district in creating a return to class plan for a student under Subsection (c).
(d) Makes conforming changes to this subsection.
(e-1) Authorizes a student to appeal the student's removal from class under this section to the school's placement review committee established under Section 37.003 or the safe and supportive school team established under Section 37.115 (Threat Assessment and Safe and Supportive School Program and Team), in accordance with a district policy providing for such an appeal to be made to the team.
(e-2) Requires the principal, campus behavior coordinator, or other appropriate administrator, at the conference required under Section 37.009(a), to notify a student who has been removed from class under this section and the parent of or person standing in parental relation to the student of the student's right to appeal under Subsection (e-1).
(f) Provides that Section 37.004 (Placement of Students with Disabilities) applies to the removal or placement under this section of a student with a disability who receives special education services.
SECTION 3.11. Reenacts Section 37.115(c), Education Code, as amended by Chapters 896 (H.B. 3) and 948 (S.B. 1720), Acts of the 88th Legislature, Regular Session, 2023, and amends it, as follows:
(c) Requires that the policies and procedures adopted under this section meet certain criteria, including requiring that, as soon as safe and practicable after an administrator or team for a district campus receives information regarding a threat made against that campus, including through social media, the administrator or team immediately provide to each member of the teaching staff, including teacher's aides, who may be directly affected by the threat notice that includes certain information. Makes nonsubstantive changes.
SECTION 3.12. Makes application of Section 21.257(f), Education Code, as added by this article, prospective.
SECTION 3.13. Provides that Sections 11.1513(d) and (e), Education Code, as amended by this article, and Section 21.418, Education Code, as added by this article, apply beginning with the 2025�2026 school year.
SECTION 3.14. Provides that, to the extent of any conflict between the changes made to the Education Code by this article and the changes made to the Education Code by another Act of the 89th Legislature, Regular Session, 2025, the changes made by this article prevail.
SECTION 3.15. Effective date, this article: upon passage or September 1, 2025.
ARTICLE 4. SPECIAL EDUCATION
SECTION 4.01. Amends Section 7.021(b)(10), Education Code, to require TEA to carry out duties assigned under Section 30.002 concerning children who have visual impairments, are deaf or hard of hearing, or are deaf-blind, rather than children with visual impairments.
SECTION 4.02. Amends Section 7.005(b)(25), Education Code, to make a conforming change.
SECTION 4.03. Amends Section 8.051(d), Education Code, to provide that core services each regional education service center is required to maintain for purchase by school districts and campuses are certain services, including training and assistance in providing each program that qualifies for a funding allotment under certain sections of the Education Code, including Sections 48.1021 and 48.103.
SECTION 4.04. Amends Sections 28.025(c-7) and (c-8), Education Code, as follows:
(c-7) Authorizes a student who is enrolled in a special education program under Subchapter A (Special Education Program), Chapter 29 (Educational Programs), subject to Subsection (c-8), to earn the distinguished level of achievement under Subsection (b-15) (relating to authorizing a student to earn a distinguished level of achievement under the foundation high school program by successfully completing certain requirements) or an endorsement on the student's transcript under Subsection (c-1) (relating to authorizing a student to earn an endorsement on the student's transcript by successfully completing current curriculum requirements) by:
(1) successfully completing, with or without modification of the curriculum:
(A) makes a nonsubstantive change to this paragraph;
(B) for the distinguished level of achievement, the additional curriculum requirements prescribed under Subsection (b-15); and
(C) for an endorsement, the additional curriculum requirements, rather than additional endorsement curriculum requirements, prescribed by SBOE under Subsection (c-2) (relating to requiring SBOE, in adopting certain rules, to develop certain requirements); and
(2) successfully completing all curriculum requirements for the distinguished level of achievement or that endorsement adopted by SBOE without modification of the curriculum or with modification of the curriculum, provided that the curriculum, as modified, is sufficiently rigorous as determined by the student's admission, review, and dismissal committee and documented in the student's individualized education program.
(c-8) Requires the admission, review, and dismissal committee of a student in a special education program under Subchapter A, Chapter 29, for purposes of Subsection (c-7), to determine whether the student is required to achieve satisfactory performance on an end-of-course assessment instrument to earn the distinguished level of achievement or an endorsement on the student's transcript.
SECTION 4.05. Amends Section 29.001, Education Code, as follows:
Sec. 29.001. New heading: IMPLEMENTATION OF SPECIAL EDUCATION LAW. (a) Creates this subsection from existing text. Requires TEA, as the state education agency responsible for carrying out the purposes of Part B, Individuals with Disabilities Education Act (20 U.S.C. Section 1411 et seq.), to develop, and revise as necessary, a comprehensive system to ensure statewide and local compliance with federal and state law related to special education.
Deletes existing text Requiring TEA to develop, and modify as necessary, a statewide design, consistent with federal law, for the delivery of services to children with disabilities in this state that includes rules for the administration and funding of the special education program so that a free appropriate public education is available to all of those children between the ages of three and 21.
(b) Creates this subsection from existing text. Requires that the comprehensive system, rather than the statewide design, include the provision of services primarily through school districts and shared services arrangements, supplemented by regional education service centers.
(c) Creates this subsection from existing text. Requires that the comprehensive system focus on providing a free appropriate public education and maximizing student outcomes and include:
(1) rulemaking, technical assistance, guidance documents, monitoring protocols, data elements necessary for statewide reporting, and other resources as necessary to implement and ensure compliance with federal and state law related to special education;
(2) the facilitation of interagency coordination when other state agencies are involved in the delivery of instructional or related services to students with disabilities;
(3) the pursuit of strategies to meet statewide special education and related services personnel needs;
(4) ensuring that regional education service centers throughout the state maintain a regional support function, which may include procedures for service centers to assist school districts in identifying existing public or private educational or related services in each region, cooperatively developing programs for students with disabilities, providing to or obtaining for school districts special equipment, delivering services, and facilitating the placement of students with disabilities who cannot be appropriately served in their resident districts;
(5) effectively monitoring, rather than allow TEA to effectively monitor, and periodically conducting site visits of all school districts to ensure that rules adopted under this subchapter are applied in a consistent and uniform manner, to ensure that districts are complying with those rules, and to ensure that certain annual statistical reports are accurate and complete; and
(6) the provision of training and technical assistance to ensure that:
(A) appropriately trained personnel are involved in the diagnostic and evaluative procedures operating in all districts and that those personnel routinely serve on district multidisciplinary evaluation teams and admissions, review, and dismissal committees;
(B) redesignates existing Subdivision (7) as Paragraph (B) and makes a nonsubstantive change;
(C) appropriately trained personnel are available to students with disabilities who have significant behavioral support needs, including by making behavioral support training available to each paraprofessional or teacher placed in a classroom or other setting that is intended to provide specialized behavioral supports to a student with a disability, as needed or at regular intervals as provided in the student's individualized education program;
(D) when appropriate, each student with a disability is provided an opportunity to participate in career and technology and physical education classes;
(E) redesignates existing Subdivision (9) as Paragraph (E) and makes a nonsubstantive change;
(F) school districts have an opportunity to request technical assistance from TEA or a regional education service center in establishing classroom environments conducive to learning for students with disabilities, including environments for students whose data indicate behavior that significantly impedes the student's own learning and the learning of other students;
(G) an individual assigned to act as a surrogate parent for a child with a disability, as provided by 20 U.S.C. Section 1415(b), is required to take certain actions; and
(H) each district develops a process to be used by a teacher who instructs a student with a disability in a general education, rather than regular, classroom setting to take certain actions.
Deletes existing text requiring TEA to also develop and implement a statewide plan with programmatic content that includes procedures designed to ensure state compliance with requirements for supplemental federal funding for all state-administered programs involving the delivery of instructional or related services to students with disabilities; periodically assess statewide personnel needs in all areas of specialization related to special education and pursue strategies to meet those needs through a consortium of representatives from regional education service centers, local education agencies, and institutions of higher education and through other available alternatives; and ensure that regional education service centers throughout the state maintain a regional support function, which is authorized to include direct service delivery and a component designed to facilitate the placement of students with disabilities who cannot be appropriately served in their resident districts. Makes conforming and nonsubstantive changes.
SECTION 4.06. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.0012, as follows:
Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) Requires the board of trustees of a school district or the governing body of an open-enrollment charter school, at least once each year, to include during a public meeting a discussion of the performance of students receiving special education services at the district or school.
(b) Requires TEA by rule to adopt a set of performance indicators for measuring and evaluating the quality of learning and achievement for students receiving special education services at the school district or open-enrollment charter school to be considered at a meeting held under this section. Requires that the indicators include performance on the college, career, or military readiness outcomes described by Section 48.110.
SECTION 4.07. Amends Section 29.003, Education Code, as follows:
Sec. 29.003. ELIGIBILITY CRITERIA. (a) Requires TEA to develop specific eligibility criteria based on the general classifications established by this section and in accordance with federal law, rather than with reference to contemporary diagnostic or evaluative terminologies and techniques. Makes a conforming change.
(b) Provides that a student is eligible to participate in a school district's special education program:
(1) from birth through 21 years of age, if the student has a visual impairment, is deaf or hard of hearing, or is deaf-blind and that disability prevents the student from being adequately or safely educated in public school without the provision of special education services;
(2) from three years of age through nine years of age if the student is experiencing developmental delays as described by 20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
(3) from three years of age through 21 years of age if the student has one or more of the disabilities described by 20 U.S.C. Section 1401(3)(A) and that disability prevents the student from being adequately or safely educated in public school without the provision of special education services.
Deletes existing text providing that a student is eligible to participate in a school district's special education program if the student is at least three but not more than 21 years of age and has one or more of certain impairments or disabilities that prevents the student from being adequately or safely educated in public school without the provision of special services. Makes nonsubstantive changes.
SECTION 4.08. Amends Sections 29.005(a), (d), and (e), Education Code, as follows:
(a) Makes conforming changes to this subsection.
(d) Requires the district, if the primary language of the child's parent is a language other than English, rather than if the child's parent is unable to speak English, to provide the parent with a written or audiotaped copy of the child's individualized education program translated into Spanish if Spanish is the parent's primary, rather than native language or if the parent's primary language is a language other than Spanish, make a good faith effort to provide the parent with a written or audiotaped copy of the child's individualized education program translated into the parent's primary language. Makes conforming changes.
(e) Authorizes the commissioner by rule to require a school district to include in the individualized education program of a student with autism, rather than with autism or another pervasive developmental disorder, any information or requirement determined necessary to ensure the student receives a free appropriate public education as required under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).
SECTION 4.09. Amends Section 29.0051, Education Code, by adding Subsection (d), as follows:
(d) Authorizes the commissioner, from federal money available for the purpose, to develop or procure the model form developed under Subsection (a) (relating to requiring TEA to develop a model form for use in developing a certain individualized education program) in a digital format. Requires the commissioner, if the commissioner develops or procures the model form in a digital format, to adopt rules regarding school district use of the form in that format.
SECTION 4.10. Amends Subchapter A, Chapter 29, Education Code, by adding Section 29.0056, as follows:
Sec. 29.0056. INFORMATION ON COMMUNITY-BASED SUPPORTS AND RESIDENTIAL OPTIONS. (a) Defines "state supported living center."
(b) Requires the Health and Human Services Commission (HHSC), in collaboration with TEA and stakeholders, to develop and provide to TEA materials regarding residential options and supports for children who are authorized to qualify for home and community-based supports or a residential placement. Requires TEA to make the materials developed under this subsection available to school districts.
(c) Requires the school district, at a meeting of a child's admission, review, and dismissal committee at which residential placement is discussed, to provide to the child's parent the materials developed under Subsection (b).
SECTION 4.11. Amends Sections 29.006(a) and (c), Education Code, as follows:
(a) Requires the governor to appoint a continuing advisory committee consistent with 20 U.S.C. Section 1412(a)(21), rather than composed of 17 members under 20 U.S.C. Section 1412(a)(21). Requires at least one member appointed under this subsection to be a director of special education programs for a school district.
(c) Provides that members of the committee are appointed for staggered terms of four years with the terms of half of the members, or, for an odd number of members, half of the members rounded down or half of the members rounded up, rather than eight or nine, expiring on February 1 of each odd-numbered year.
SECTION 4.12. Amends Section 29.008, Education Code, as follows:
Sec. 29.008. New heading: CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY PLACEMENT PROGRAMS. (a) Requires the commissioner to set minimum standards for and develop and update as necessary a list of approved public or private facilities, institutions, agencies, or businesses inside or outside of this state that a school district, shared services arrangement unit, or regional education service center is authorized to contract with for the provision of services to students with disabilities in a residential or day placement program. Makes nonsubstantive changes.
(a-1) Creates this subsection from existing text. Authorizes the commissioner to approve a facility, institution, agency, or business under Subsection (a), rather than a residential placement contract, only after at least a programmatic evaluation of personnel qualifications, costs, adequacy of physical plant and equipment, and curriculum content. Deletes existing text requiring that each contract for residential placement be approved by the commissioner. Deletes existing text authorizing the commissioner to approve either the whole or a part of a facility or program.
(a-2) Requires that each contract described by this section be approved by the commissioner. Requires a school district, shared services arrangement unit, or regional education service center seeking to place a student in a residential or day placement program that is not on the list developed under Subsection (a) to submit to the commissioner an application for approval in accordance with Subsections (a) and (a-1).
(b) Provides that this subsection expires September 1, 2027.
(c) Provides that when a student, including one for whom the state is managing conservator, is placed primarily for care or treatment reasons in a private facility, rather than a private residential facility, that operates its own private education program, the costs are prohibited from being paid from public funds. Makes conforming changes.
(d) Requires that the reevaluation of appropriateness of the arrangement include standards and expectations that are required to be met to reintegrate the student to the general education setting. Requires an approved facility, institution, agency, or business with whom the district contracts to periodically report to the district and TEA on the services the student has received or will receive in accordance with the contract as well as diagnostic or other evaluative information the district or agency requires in order to fulfill its obligations under this subchapter.
(e) Requires the commissioner to adopt rules for residential and day placement of students receiving special education services.
SECTION 4.13. Amends the heading to Section 29.009, Education Code, to read as follows:
Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD SPECIAL EDUCATION PROGRAMS.
SECTION 4.14. Amends Section 29.010, Education Code, as follows:
Sec. 29.010. New heading: GENERAL SUPERVISION AND COMPLIANCE. (a) Requires TEA to develop, rather than adopt, and implement a comprehensive system for monitoring school district compliance with federal and state laws relating to special education. Requires that the monitoring system include a comprehensive cyclical process and a targeted risk-based process. Requires TEA to establish criteria and instruments for use in determining district compliance under this section. Deletes existing text requiring that the monitoring system provide for ongoing analysis of district special education data and of complaints filed with TEA concerning special education services and for inspections of school districts at district facilities. Deletes existing text requiring TEA to use the information obtained through analysis of district data and from the complaints management system to determine the appropriate schedule for and extent of the inspection.
(a-1) Authorizes TEA, as part of the monitoring system, to require a school district to obtain specialized technical assistance for a documented noncompliance issue or if data indicates that technical assistance is needed, such as an incident involving injury to staff or students by a student receiving special education services or data indicating an excessive number of restraints are used on students receiving special education services.
(b) Requires TEA, as part of the monitoring process, rather than to complete the inspection, to obtain information from parents and teachers of students in special education programs in the district.
(c) Requires TEA to develop and implement a system of interventions and sanctions for school districts TEA identifies as being in noncompliance with, rather than a system of sanctions for school districts whose most recent monitoring visit shows a failure to comply with major requirements of, certain laws relating to special education.
(d) Requires TEA to establish a system of progressive sanctions and enforcement provisions to apply to districts that remain in noncompliance for more than one year. Provides that the sanctions are required to range in severity and are authorized to include the withholding of funds. Authorizes TEA, if funds are withheld, to use the funds, or direct the funds to be used, to provide, through alternative arrangements, services to students and staff members in the district from which the funds are withheld. Deletes existing text requiring that the first stage of sanctions, for districts that remain in noncompliance for more than one year, to begin with annual or more frequent monitoring visits. Deletes existing text authorizing subsequent sanctions to range in severity up to the withholding of funds. Makes nonsubstantive changes.
(e) Makes no changes to this subsection.
Deletes text of existing Subsection (f) providing that this section does not create an obligation for or impose a requirement on a school district or open-enrollment charter school that is not also created or imposed under another state law or a federal law.
SECTION 4.15. Amends Section 29.012(d), Education Code, to require certain government agencies by a cooperative effort to develop and adopt, rather than develop and by rule adopt, a memorandum of understanding.
SECTION 4.16. Amends Section 29.013, Education Code, as follows:
Sec. 29.013. New heading: NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES. (a) Requires the commissioner to adopt rules establishing procedures and criteria for the allocation of grants under this section, to students who are eligible under Subsection (b) and the students' families for the provision of noneducational community-based support services.
Deletes existing text requiring TEA to establish procedures and criteria for the allocation of funds appropriated under this section to school districts for the provision of noneducational community-based support services to certain students with disabilities and their families so that those students may receive an appropriate free public education in the least restrictive environment.
(b) Provides that a grant is authorized to be awarded under this section only to a student with a disability who is placed by the student's admission, review, and dismissal committee in a residential program approved under Section 29.008 (Contracts For Services; Residential Placement) or a day placement program and is at risk of being placed in a residential program approved under Section 29.008. Deletes existing text providing that the funds are authorized to be used only for eligible students with disabilities who would remain or would have to be placed in residential facilities primarily for educational reasons without the provision of noneducational community-based support services. Makes nonsubstantive changes.
(c) Provides that the support services are prohibited from being related to the provision of a free appropriate public education to the student and are authorized to include in-home family support, behavioral and other disability-related supports for the student's family, respite care, and case management for the student's family, rather than for families with a student who otherwise would have been placed by a district in a private residential facility.
(d) Requires a school district to notify the parent of a student described by Subsection (b) of the availability of grants under this section and designate a campus or district staff member to assist families of students described by Subsection (b) in accessing grants under this section.
(e) Requires the commissioner, on request by the parent of a student described by Subsection (b), to create an account for the student to access a grant under this section through which the parent is authorized to request payment for approved support services.
(f) Requires the commissioner, in adopting rules under this section, to adopt rules and guidelines detailing the process to access grant money and the amount of each grant, including a process for a parent to apply for an increase in the grant amount.
(g) Creates this subsection from existing text. Provides that the provision of services under this section does not supersede or limit the responsibility of a school district or other agencies to provide or pay for costs, rather than costs of noneducational community-based support services, to enable any student with disabilities to receive a free appropriate public education in the least restrictive environment. Deletes existing text prohibiting services provided under this section, specifically, from being used for a student with disabilities who is currently placed or who needs to be placed in a residential facility primarily for noneducational reasons.
(h) Authorizes the commissioner to designate a regional education service center to administer grants under this section.
SECTION 4.17. Amends Sections 29.014(c) and (d), Education Code, as follows:
(c) Authorizes a student whose appropriate education program is a general, rather than regular, education program, notwithstanding any other provision of this code, to receive services and be counted for attendance purposes for the number of hours per week appropriate for the student's condition if the student fulfills certain criteria.
(d) Provides that the basic allotment for a student enrolled in a district to which Section 29.014 (School Districts that Provide Education Solely to Students Confined to or Educated in Hospitals) applies is adjusted by the tier of intensity of service defined in accordance with Section 48.102 (Special Education) and designated by commissioner rule for use under this section, rather than by the weight for a homebound student under Section 48.102(a) (relating to a certain weight determined according to instructional arrangement).
SECTION 4.18. Amends Section 29.0162(b), Education Code, to require that the rules adopted by the commissioner include certain requirements for a representative in a special education due process hearing, including that the representative have knowledge of certain information, including all special education dispute resolution options available to parents, including due process and due process rules, hearings, and procedure.
SECTION 4.19. Amends Section 29.018(b), Education Code, as follows:
(b) Provides that a school district is eligible to apply for a grant under Section 29.018 (Special Education Grant) if:
(1) the district does not receive sufficient funds, including state funds provided under Sections 48.102 and 48.1021 (Special Education Allotment Advisory Committee) and federal funds, for a student with disabilities to pay for the special education services provided to the student; or
(2) the district does not receive sufficient funds, including state funds provided under Sections 48.102 and 48.1021 and federal funds, for all students with disabilities in the district to pay for the special education services provided to the students.
SECTION 4.20. Amends the heading to Section 29.020, Education Code, to read as follows:
Sec. 29.020. STATE-ADMINISTERED INDIVIDUALIZED EDUCATION PROGRAM FACILITATION.
SECTION 4.21. Amends Sections 29.020(a) and (c), Education Code, as follows:
(a) Requires TEA to develop rules in accordance with Section 29.020 (Individualized Education Program Facilitation Project) applicable to state-administered individualized education program facilitation, rather than the administration of a state individualized education program facilitation project. Requires that the state-administered individualized education program include the provision of an independent individualized education program facilitator as a dispute resolution method that is authorized to be used to avoid a potential dispute between a school district and a parent of a student with a disability or to facilitate an admission, review, and dismissal committee meeting with parties who are in a dispute about decisions relating to the provision of a free appropriate public education to a student with a disability. Requires that facilitation, rather than facilitation implemented under the project, comply with rules developed under this subsection.
(c) Makes conforming and nonsubstantive changes to this subsection.
SECTION 4.22. Amends Sections 29.022(a), (a-1), (b), (c), (c-1), (d), (f), (h), (k), (l), (q), (s), and (t), Education Code, as follows:
(a) Requires a school or campus that receives equipment as provided by this subsection to place, operate, and maintain one or more video cameras in special education classrooms and other special education settings, provided that the school or campus fulfills certain requirements. Deletes existing text requiring a school or campus that receives equipment as provided by this subsection to place, operate, and maintain one or more video cameras in self-contained classrooms and other special education settings in which a majority of the students in regular attendance are provided special education and related services and are assigned to one or more self-contained classrooms or other special education settings for at least 50 percent of the instructional day.
(a-1)-(l) Makes conforming and nonsubstantive changes to these subsections.
(q) Requires TEA to collect through the Public Education Information Management System (PEIMS) data relating to requests made under Section 29.022 (Video Surveillance of Special Education Settings) and certain actions taken by a school district or open-enrollment charter school.
(s)-(t) Makes conforming changes to these subsections.
SECTION 4.23. Amends Sections 29.022(u)(3) and (4), Education Code, to define "special education classroom or other special education setting," redefine "staff member," and delete existing text providing that "self-contained classroom" does not include a classroom that is a resource room instructional arrangement under Section 48.102.
SECTION 4.24. Amends Subchapter A, Chapter 29, Education Code, by adding Sections 29.024 and 29.026, as follows:
Sec. 29.024. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA FOR TEACHERS AND STAFF. (a) Requires the commissioner, from money appropriated or otherwise available for the purpose, to establish a program to award grants each school year to school districts and open-enrollment charter schools to increase local capacity to appropriately serve students with dyslexia.
(b) Provides that a school district, including a school district acting through a district charter issued under Subchapter C (Campus or Campus Program Charter), Chapter 12 (Charters), or an open-enrollment charter school that primarily serves students with disabilities, as provided under Section 12.1014 (Authorization For Grant of Charters For Schools Primarily Serving Students with Disabilities), are eligible to apply for a grant under this section if the district or school submits to the commissioner a proposal on the use of grant funds that:
(1) incorporates evidence-based and research-based design; and
(2) increases local capacity to appropriately serve students with dyslexia by providing high-quality training to classroom teachers and administrators in meeting the needs of students with dyslexia or training to intervention staff resulting in appropriate credentialing related to dyslexia, with priority for training staff to earn the credentials necessary to become a licensed dyslexia therapist or certified academic language therapist.
(c) Requires the commissioner to create an external panel of stakeholders, including parents of students with disabilities, to provide assistance in the selection of applications for the award of grants under this section.
(d) Provides that a grant awarded to a school district or open-enrollment charter school under this section is in addition to the Foundation School Program money that the district or charter school is otherwise entitled to receive. Prohibits a grant awarded under this section from coming out of Foundation School Program money.
(e) Authorizes the commissioner and any grant recipient selected under this section to accept gifts, grants, and donations from any public or private source, person, or group to implement and administer the grant. Prohibits the commissioner and any grant recipient selected under this section from requiring any financial contribution from parents to implement and administer the grant.
(f) Authorizes a regional education service center to administer grants awarded under this section.
Sec. 29.026. RULES. Authorizes the commissioner to adopt rules as necessary to implement Subchapter A.
SECTION 4.25. Amends the heading to Subchapter A-1, Chapter 29, Education Code, to read as follows:
SUBCHAPTER A-1. PARENT-DIRECTED SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
SECTION 4.26. Amends Sections 29.041(2) and (3), Education Code, to define "supplemental instructional materials" and "supplemental services" and delete existing definitions of "supplemental special education instructional materials" and "supplemental special education services."
SECTION 4.27. Amends Section 29.042, Education Code, by amending Subsections (a) and (c) and adding Subsection (e), as follows:
(a) Requires TEA by rule to establish and administer a parent-directed program, rather than supplemental special education services and instructional materials program, for students receiving special education services through which a parent is authorized to direct supplemental services and supplemental instructional materials for the parent's student who meets the eligibility requirements for participation in the program. Requires TEA, subject to Subsection (c) and Section 48.306(f), to provide each student approved as provided by this subchapter a grant in the amount provided under Section 48.306, rather than a grant of not more than $1,500, to purchase supplemental services and supplemental instructional materials, rather than supplemental special education services and supplemental special education instructional materials. Requires TEA, if TEA receives more acceptable applications for a grant for a school year than available funding for that school year, to award grants in the order in which the applications were received and place remaining students on a waitlist for the subsequent school year. Makes nonsubstantive changes.
(c) Authorizes a student to receive one grant under this subchapter unless the legislature appropriates money for an additional grant in the General Appropriations Act. Deletes existing text requiring the commissioner to set aside an amount set by appropriation for each state fiscal year to fund the program under Section 29.042 (Establishment and Administration of Program). Deletes existing text prohibiting the total amount provided for student grants under Subsection (a), for each state fiscal year, from exceeding the amount set aside by the commissioner under this subsection.
(e) Requires TEA to maintain an online user-friendly application system for parents to apply for a grant described by Subsection (a).
SECTION 4.28. Amends Section 29.045, Education Code, to make conforming and nonsubstantive changes.
SECTION 4.29. Amends Sections 29.046(a) and (b), Education Code, to make conforming changes.
SECTION 4.30. Amends Section 20.047(a), (c), (d), and (e), Education Code, to make conforming changes.
SECTION 4.31. Amends Subchapter A-1, Chapter 29, Education Code, by adding Section 29.0475, as follows:
Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR AUTONOMY. (a) Provides that a provider of supplemental services or vendor of supplemental instructional materials that receives money distributed under the program is not a recipient of federal financial assistance on the basis of receiving that money.
(b) Prohibits a rule adopted or action taken related to the program by an individual, governmental entity, court of law, or program administrator from taking certain actions or requiring certain actions of providers and program participants.
(c) Provides that, in a proceeding challenging a rule adopted by a state agency or officer under this subchapter, the agency or officer has the burden of proof to establish by clear and convincing evidence that the rule meets certain criteria.
SECTION 4.32. Amends Section 29.048, Education Code, as follows:
Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE DUTIES. (a) Require a student's admission, review, and dismissal committee to develop a student's individualized education program in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), without consideration of any supplemental services or supplemental instructional materials, that are authorized to be provided under the program under this subchapter. Makes a conforming change.
(b) Requires the admission, review, and dismissal committee of a student approved for participation in the program, unless the district first verifies that an account has been assigned to the student under Section 29.045 (Approval of Application; Assignment of Account), to provide to the student's parent at an admission, review, and dismissal committee meeting for the student certain information. Makes conforming changes.
SECTION 4.33. Amends Subchapter A-1, Chapter 29, Education Code, by adding Section 29.0485, as follows:
Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL. Provides that, notwithstanding Section 7.057 (Appeals), a determination of the commissioner under this subchapter is final and is prohibited from being appealed.
SECTION 4.34. Amends Section 29.049, Education Code, as follows:
Sec. 29.049. RULES. Requires the commissioner to adopt rules as necessary to administer the supplemental services and supplemental instructional materials, rather than the supplemental special education services and instructional materials program under this subchapter.
SECTION 4.35. Amends Section 29.301(1), Education Code, to redefine "admission, review, and dismissal committee."
SECTION 4.36. Amends Sections 29.304(a) and (c), Education Code, as follows:
(a) Requires a student who is deaf or hard of hearing to have an education in which certain educational professionals, including speech language pathologists, rather than speech therapists, understand the unique nature of deafness and the hard-of-hearing condition.
(c) Makes conforming changes to this subsection.
SECTION 4.37. Amends Section 29.310, Education Code, by amending Subsection (c) and adding Subsection (d), as follows:
(c) Requires that all other procedures and materials used with any student who is deaf or hard of hearing and who is an emergent bilingual student as defined by Section 29.052 (Definitions), rather than has limited English proficiency, be in the student's preferred mode of communication.
(d) Requires each student who is deaf or hard of hearing, in recognizing the need for development of language and communication abilities in students who are deaf or hard of hearing but also calling for the use of methods of communication that will meet the needs of each individual student, to be thoroughly assessed to ascertain the student's potential for communicating through a variety of means.
SECTION 4.38. Amends Section 29.313, Education Code, as follows:
Sec. 29.313. New heading: EVALUATION OF DEAF AND HARD OF HEARING SERVICES. (a) Creates this subsection from existing text. Requires each school district to provide continuous evaluation of the effectiveness of the district's services, rather than programs of the district, for students who are deaf or hard of hearing. Requires that evaluations follow, rather than requires that, if practicable, evaluations follow, program excellence indicators established by TEA.
(b) Requires each school district to submit the evaluations under this section to TEA on a schedule set by TEA.
SECTION 4.39. Amends Section 29.314, Education Code, as follows:
Sec. 29.314. New heading: TRANSITION INTO GENERAL EDUCATION CLASS. Makes conforming changes to this section.
SECTION 4.40. Amends Section 29.315, Education Code, as follows:
Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF UNDERSTANDING. Deletes existing text requiring TEA and TSD to agree to, and by commissioner rule adopt no later than September 1, 1998, a memorandum of understanding to establish the process for TEA to assign an accreditation status to the Texas School for the Deaf, to reevaluate the status on an annual basis, and, if necessary, to conduct monitoring reviews. Makes nonsubstantive changes.
SECTION 4.41. Amends Section 29.316, Education Code, as follows:
Sec. 29.316. LANGUAGE ACQUISITION. (a) Deletes existing definitions of "center" and "division." Makes a nonsubstantive change.
(b) Requires each school district, rather than the commissioner and the executive commissioner of HHSC (executive commissioner) jointly, to ensure that the language acquisition of each child eight years of age or younger who is deaf or hard of hearing is regularly assessed using a tool or assessment approved by the commissioner, rather than determined to be valid and reliable as provided by Subsection (d).
(c) Requires each school district, on a schedule determined by the commissioner, to report to the commissioner through the PEIMS or another method set by commissioner rule the assessment data collected under Subsection (b).
Deletes existing text requiring TEA, the Division for Early Childhood Intervention Services of HHSC (division), and the Educational Resource Center on Deafness at TSD (center), to jointly prepare and post on TEA's, the division's, and the center's respective Internet websites a report on the language acquisition of children eight years of age or younger who are deaf or hard of hearing. Deletes existing text requiring that the report include certain information and fulfill certain requirements.
(d) Requires the commissioner to adopt rules establishing the assessment data required to be reported under Subsection (c). Deletes existing text requiring the commissioner, the executive commissioner and the center to enter into a memorandum of understanding regarding the identification of experts in deaf education and the determination, in consultation with those experts, of the tools and assessments that are valid and reliable, in both content and administration, for use in assessing the language acquisition of children eight years of age or younger who are deaf or hard of hearing.
(e) Requires the commissioner to annually post on TEA's Internet website a report on the language acquisition of children eight years of age or younger who are deaf or hard of hearing using the assessment data reported under Subsection (c). Deletes existing text requiring TEA to use existing collected data and data collected and transferred from the Department of State Health Services (DSHS) and HHSC, as agreed upon in the memorandum of understanding, for the report under this section.
(f) Requires the commissioner to use the assessment data reported under Subsection (c) in determining whether to award a grant under Section 29.018 or in seeking federal money available for projects aimed at improving outcomes for students with disabilities.
Deletes existing text requiring the commissioner and the executive commissioner jointly to adopt rules as necessary to implement this section, including rules for assigning each child eight years of age or younger who is deaf or hard of hearing a unique identification number for certain purposes and implementing this section in a manner that complies with certain federal and state laws.
SECTION 4.42. Amends the heading to Section 30.002, Education Code, to read as follows:
Sec. 30.002. STATE PLAN FOR CHILDREN WITH VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE DEAF-BLIND.
SECTION 4.43. Amends Sections 30.002(a), (b), (c), and (e), Education Code, as follows:
(a) Requires TEA to develop and administer a comprehensive statewide plan for the education of children who are under 22 years of age and who have visual impairments, are deaf or hard of hearing, or are deaf-blind, rather than children with visual impairments who are under 21 years of age, that will ensure that the children have an opportunity for achievement equal to the opportunities afforded their peers who do not have visual impairments, are not deaf or hard of hearing, or are not deaf-blind, rather than their peers with normal vision.
(b) Requires TEA to:
(1) develop standards and guidelines for all special education and related services for children who have visual impairments, are deaf or hard of hearing, or are deaf-blind, rather than children with visual impairments, it is authorized to provide or support under this code and federal law;
(2) makes conforming and nonsubstantive changes to this subdivision; and
(3) maintain an effective liaison between special education programs provided for children who have visual impairments, are deaf or hard of hearing, or are deaf-blind by school districts and related initiatives of HHSC, TWC, and other related programs, agencies, or facilities as appropriate.
Deletes existing text requiring TEA to develop and administer special education services for students with both serious visual and auditory impairments, evaluate special education services provided for children with visual impairments by school districts and approve or disapprove state funding of those services, and maintain an effective liaison between special education programs provided for children with visual impairments by school districts and related initiatives of DSHS Mental Health and Substance Abuse Division. Makes conforming and nonsubstantive changes.
(c) Requires that the comprehensive statewide plan for the education of children who have visual impairments, are deaf or hard of hearing, or are deaf-blind:
(1) adequately provide for comprehensive diagnosis and evaluation of each school-age child who has a visual impairment, is deaf or hard of hearing, or is deaf-blind and adequately outline the expectations of a school district for such a child under three years of age, rather than each school-age child with a serious visual impairment;
(2)-(3) makes conforming changes to these subdivisions;
(4) include information regarding the establishment of regional day school programs for the deaf under Subchapter D (Regional Day Schools For the Deaf) and the parameters of those programs;
(5) provide for flexibility on the part of school districts to meet the unique, rather than special, needs of children who have visual impairments, are deaf or hard of hearing, or are deaf-blind through certain measures, including short-term or long-term services through TSBVI, TSD, regional day school programs for the deaf, or related facilities or programs;
(6) redesignates existing Subdivision (7) as Subdivision (6) and makes conforming and nonsubstantive changes;
(7) describe recommended and required professional development activities based on the special education and related services provided by school district staff to children who have visual impairments, are deaf or hard of hearing, or are deaf-blind;
(8) redesignates existing Subdivision (9) as Subdivision (8) and makes conforming and nonsubstantive changes;
(9) require that school districts providing special education services to children who have visual impairments, are deaf or hard of hearing, or are deaf-blind develop procedures for assuring that staff assigned to work with the children have prompt and effective access directly to resources available through certain sources, including TSD and the statewide outreach center at TSD; and
(10) assist in the coordination of educational programs with certain other public and private agencies.
Deletes existing text requiring that the comprehensive statewide plan for the education of children with visual impairments include certain methods to ensure that children with visual impairments receiving special education services in school districts receive, before being placed in a classroom setting or within a reasonable time after placement, include a statewide admission, review, and dismissal process, and require the continuing education and professional development of school district staff providing special education services to children with visual impairments. Makes conforming and nonsubstantive changes.
(e) Provides that each eligible student who has a visual impairment, is deaf or hard of hearing, or is deaf-blind is entitled to receive educational programs according to an individualized education program that fulfills certain criteria, including that provides a detailed description of the arrangements made to provide the student with the evaluation and instruction required under this subchapter and Subchapter A, Chapter 29, rather than Subsection (c)(4), and setting forth the plans and arrangements made for contacts with and continuing services to the student beyond regular school hours to ensure the student learns the skills and receives the instruction required under this subchapter and Subchapter A, Chapter 29, rather than Subsection (c)(4)(B) (relating to instruction in an expanded core curriculum including instruction in certain subjects).
SECTION 4.44. Amends Subchapter A, Chapter 30, Education Code, by adding Section 30.0021, as follows:
Sec. 30.0021. REQUIREMENTS FOR CHILDREN WITH VISUAL IMPAIRMENTS. (a) Requires each child with a visual impairment to receive instruction in an expanded core curriculum required for children with visual impairments to succeed in classroom settings and to derive lasting, practical benefits from education in a school district, including instruction in certain skills.
(b) Requires that the full individual and initial evaluation of the child under Section 29.004 (Full Individual and Initial Evaluation) and any reevaluation of the child, to determine a child's eligibility for a school district's special education program under Subchapter A, Chapter 29, on the basis of a visual impairment, in accordance with commissioner rule:
(1) include an orientation and mobility evaluation conducted by a person who is appropriately certified as an orientation and mobility specialist, as determined by commissioner rule and in a variety of lighting conditions and settings, including in the child's home, school, and community and in settings unfamiliar to the child; and
(2) provide for a person who is appropriately certified as an orientation and mobility specialist, as determined by commissioner rule, to participate, as part of a multidisciplinary team, in evaluating the data on which the determination of the child's eligibility is based.
(c) Requires that, in developing an individualized education program under Section 29.005 (Individualized Education Program) for a child with a visual impairment, proficiency in reading and writing be a significant indicator of the child's satisfactory educational progress. Requires that the individualized education program include instruction in braille and the use of braille unless the child's admission, review, and dismissal committee documents a determination, based on an evaluation of the child's appropriate literacy media and literacy skills and the child's current and future instructional needs, that braille is not an appropriate literacy medium for the child.
(d) Provides that braille instruction is authorized to be used in combination with other special education services appropriate to the educational needs of a child with a visual impairment and required to be provided by a teacher certified to teach children with visual impairments under Subchapter B (Certification of Educators), Chapter 21 (Educators).
(e) Requires a school district to provide to each person assisting in the development of an individualized education program for a child with a visual impairment information describing the benefits of braille instruction.
(f) Requires the commissioner, to facilitate implementation of this section, to develop a system to distribute from the foundation school fund to school districts or regional education service centers a special supplemental allowance for each student with a visual impairment. Provides that the supplemental allowance is authorized to be spent only for special education services uniquely required by the nature of the child's disabilities and prohibits it from being used in lieu of educational funds otherwise available under the Education Code or through state or local appropriations.
SECTION 4.45. Amends Section 30.003, Education Code, by amending Subsections (b), (d), (f-1), and (g) and adding Subsection (b-1), as follows:
(b) Provides that, if the student is admitted to the school for a full-time program for the equivalent of two long semesters, the district's share of the cost is an amount equal to the dollar amount of maintenance and debt service taxes imposed by the district for that year, subject to Subsection (b-1), divided by the district's average daily attendance for the preceding year.
(b-1) Requires the commissioner to reduce the amount of maintenance taxes imposed by the district that are obligated to be paid under Subsection (b) for a year by the amount, if any, by which the district is required to reduce the district's local revenue level under Section 48.257 (Local Revenue in Excess of Entitlement) for that year.
(d) Requires that the information be reported to the commissioner on or before a date set by commissioner rule, rather than by rule of SBOE.
(f-1) Requires the commissioner to determine the total amount that TSBVI and TSD would have received from school districts in accordance with Section 30.003 (Support of Students Enrolled in Texas School for the Blind and Visually Impaired or Texas School for the Deaf) if certain provisions had not reduced the districts' share of the cost of providing education services, including Subsection (b-1) of this section. Makes nonsubstantive changes.
(g) Authorizes the commissioner, rather than SBOE, to adopt rules as necessary to implement this section.
SECTION 4.46. Amends Section 30.004(b), Education Code, to require the commissioner, rather than SBOE, to adopt rules prescribing the form and content of information required by Subsection (a) (relating to requiring each school district to provide each parent or other person having lawful control of a student with certain written information).
SECTION 4.47. Amends Section 30.005, Education Code, to delete existing text requiring TEA and TSBI to agree to and by commissioner rule adopt a memorandum of understanding to establish the process for TEA to assign an accreditation status to TSBVI, reevaluate the status on an annual basis, and if necessary, conduct monitoring reviews and to make nonsubstantive changes.
SECTION 4.48. Amends Section 30.021(e), Education Code, to make a conforming change.
SECTION 4.49. Amends Section 30.081, Education Code, to provide that the legislature, by Subchapter D (Regional Day Schools for the Deaf), intends to continue a process of providing on a statewide basis a suitable education to deaf or hard of hearing students who are under 22, rather than 21, years of age and assuring that those students have the opportunity to become independent citizens.
SECTION 4.50. Amends Section 30.083, Education Code, as follows:
Sec. 30.083. STATEWIDE PLAN. Requires the director of services to develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing and receive special education and related services through a regional day school program for the deaf. Requires that the plan be included as part of the comprehensive state plan under Section 30.002 (Education for Children with Visual Impairments).
Deletes existing text requiring the director of services to develop and administer a comprehensive statewide plan for educational services for students who are deaf or hard of hearing, including continuing diagnosis and evaluation, counseling, and teaching. Deletes existing text requiring that the plan be designed to accomplish certain objectives.
Deletes text of existing Subsection (b) authorizing the director of services to establish separate programs to accommodate diverse communication methodologies. Makes nonsubstantive changes.
SECTION 4.51. Amends Section 37.146(a), Education Code, to require that a complaint alleging the commission of a school offense, in addition to the requirements imposed by Article 45A.101 (Complaint), Code of Criminal Procedure, fulfill certain criteria, including being accompanied by a statement from a school employee stating certain information, including whether the child is eligible for or receives special education services under Subchapter A, Chapter 29.
SECTION 4.52. Amends Section 38.003(c-1), Education Code, as follows:
(c-1) Requires TEA by rule to develop procedures designed to allow TEA to:
(1)-(2) makes no changes to these subdivisions;
(3) develop reasonable and appropriate remedial strategies to address school district noncompliance and ensure the purposes of Section 38.003 (Screening and treatment For Dyslexia and Related Disorders) are accomplished, which may include the publication of a recommended evidence-based dyslexia program list;
(4) makes a nonsubstantive change to this subdivision; and
(5) engage in general supervision activities, including activities under the comprehensive system for monitoring described by Section 29.010, to ensure school district compliance with the program approved by SBOE under this section and Part B, Individuals with Disabilities Education Act (20 U.S.C. Section 1411 et seq.)
Makes a nonsubstantive change to this subsection.
SECTION 4.53. Amends Section 48.009(b), Education Code, to require the commissioner by rule to require each school district and open-enrollment charter school to report through the PEIMS certain information, including information regarding students enrolled in a special education program under Subchapter A, Chapter 29, as necessary for TEA to adequately perform general supervision activities and determine funding under Sections 48.102 and 48.1021 and to make nonsubstantive changes.
SECTION 4.54. Amends Section 48.102, Education Code, as follows:
Sec. 48.102. SPECIAL EDUCATION. (a) Provides that, for each student in average daily attendance in a special education program under Subchapter A, Chapter 29, rather than each student in average daily attendance in a special education program under Subchapter A, Chapter 29, in a mainstream instructional arrangement, a school district is entitled to an annual allotment equal to the basic allotment, or, if applicable, the sum of the basic allotment and the allotment under Section 48.101 to which the district is entitled, multiplied by a weight in an amount set by the legislature in the General Appropriations Act for the highest tier of intensity of service for which the student qualifies, rather than 1.15.
(a-1) Requires that the amount of an allotment under this section, notwithstanding Subsection (a), for the 2026�2027 school year, be determined in accordance with Section 48.1022. Provides that this subsection expires September 1, 2027. Deletes existing text providing that, for each full-time equivalent student in average daily attendance in a special education program under Subchapter A, Chapter 29, in an instructional arrangement other than a mainstream instructional arrangement, a district is entitled to a certain annual allotment.
Deletes existing text requiring that a special instructional arrangement for students with disabilities residing in care and treatment facilities, other than state schools, whose parents or guardians do not reside in the district providing education services be established by commissioner rule. Deletes existing text requiring that the funding weight for this arrangement be 4.0 for those students who receive their education service on a local school district campus. Deletes existing text requiring that a special instructional arrangement for students with disabilities residing in state schools be established by commissioner rule with a funding weight of 2.8.
(c) Requires the commissioner, in defining the tiers of intensity of service under Subsection (b), to consider certain criteria. Deletes existing text prohibiting the number of contact hours credited per day for each student in the off home campus instructional arrangement, for funding purposes, from exceeding the contact hours credited per day for the multidistrict class instructional arrangement in the 1992� 1993 school year.
(d) Redesignates existing Subsection (h) as Subsection (d) and makes no further changes.
(e) Redesignates existing Subsection (i) as Subsection (e). Requires TEA to ensure, rather than encourage, the placement of students in special education programs, including students in residential placement, rather than instructional arrangements, in the least restrictive environment appropriate for their educational needs.
(f) Redesignates existing Subsection (j) as Subsection (f). Provides that a school district that provides an extended year program required by federal law for special education students who may regress is entitled to receive funds in an amount equal to the basic allotment, rather than equal to 75 percent or a lesser percentage determined by the commissioner of the basic allotment, or, if applicable, the sum of the basic allotment and the allotment under Section 48.101 to which the district is entitled for each student, rather than each full-time equivalent student, in average daily attendance, multiplied by the amount designated for the highest tier of intensity of service for which the student qualifies, rather than the student's instructional arrangement, under this section, for each day the program is provided divided by the number of days in the minimum school year.
(g) Redesignates existing Subsection (k) as Subsection (g) and makes no further changes.
(h) Requires the commissioner, not later than December 1 of each even-numbered year, to submit to the LBB, for purposes of the allotment under this section, proposed weights for the tiers of intensity of service for the next state fiscal biennium.
Deletes text of existing Subsection (d)-(g).
SECTION 4.55. Amends Subchapter C, Chapter 48, Education Code, by adding Sections 48.1021 and 48.1022, as follows:
Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT. (a) Provides that, for each student in a special education program under Subchapter A, Chapter 29, a school district is entitled to an allotment in an amount set by the legislature in the General Appropriations Act for the service group for which the student receives services.
(a-1) Requires that the amount of an allotment under this section, notwithstanding Subsection (a), for the 2026�2027 school year, be determined in accordance with Section 48.1022. Provides that this subsection expires September 1, 2027.
(b) Requires the commissioner by rule to establish at least four service groups for use in determining funding under this section. Requires the commissioner, in establishing the groups, to consider certain factors.
(c) Requires that at least 55 percent of the funds allocated under this section be used for a special education program under Subchapter A, Chapter 29.
(d) Requires the commissioner, not later than December 1 of each even-numbered year, to submit to the LBB, for purposes of the allotment under this section, proposed amounts of funding for the service groups for the next state fiscal biennium.
Sec. 48.1022. SPECIAL EDUCATION TRANSITION FUNDING. (a) Authorizes the commissioner, for the 2026�2027 school year, to adjust weights or amounts provided under Section 48.102 or 48.1021 as necessary to ensure compliance with requirements regarding maintenance of state financial support under 20 U.S.C. Section 1412(a)(18) and maintenance of local financial support under applicable federal law.
(b) Requires the commissioner, for the 2026�2027 school year, to determine the formulas through which school districts receive funding under Sections 48.102 and 48.1021. Requires the commissioner, in determining the formulas, to ensure the estimated statewide amount provided by the sum of the allotments under Sections 48.102 and 48.1021 for the 2026�2027 school year is approximately $350 million greater than the amount that would have been provided under the allotment under Section 48.102, as that section existed on September 1, 2025, for that school year, calculating both amounts using the basic allotment in effect for the 2026�2027 school year.
(c) Requires each school district and open-enrollment charter school to report to TEA information necessary to implement this section.
(d) Requires TEA to provide technical assistance to school districts and open-enrollment charter schools to ensure a successful transition in funding formulas for special education.
(e) Provides that this section expires September 1, 2028.
SECTION 4.56. Amends Sections 48.103(b), (c), and (d), Education Code, as follows:
(b) Provides that a school district is entitled to an allotment under Subsection (a) (relating to entitling a school district to a certain allotment for each student that a school district serves who has been identified as having dyslexia or a related disorder) only for a student who:
(1) is receiving instruction, services, or accommodations for dyslexia or a related disorder in accordance with an individualized education program developed for the student under Section 29.005 or accommodations for dyslexia or a related disorder in accordance with a plan developed for the student under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); or
(2) is permitted, on the basis of having dyslexia or a related disorder, to use modifications in the classroom or accommodations in the administration of assessment instruments under Section 39.023 without a program or plan described by Subdivision (1).
Deletes existing text providing that a school district is entitled to an allotment under Subsection (a) only for a student who is receiving instruction that meets applicable dyslexia program criteria established by SBOE and is provided by a person with specific training in providing that instruction. Makes nonsubstantive changes.
(c) Authorizes a school district to receive funding for a student under each provision of this section, Section 48.102, and Section 48.1021 for which the student qualifies, rather than under this section and Section 48.102 if the student satisfies the requirements of both sections.
(d) Authorizes a school district to use the allotment, rather than an amount not to exceed 20 percent of the allotment, provided for a qualifying student under this section to contract with a private provider to provide supplemental academic services to the student that are recommended under the student's program or plan described by Subsection (b).
SECTION 4.57. Amends Section 48.110(d), Education Code, to provide that for a certain annual graduates, a school district is entitled to a certain annual outcomes bonus, including a bonus of, if the annual graduate is enrolled in a special education program under Subchapter A, Chapter 29, $4,000, rather than $2,000, regardless of whether the annual graduate is educationally disadvantaged.
SECTION 4.58. Amends Section 48.151(g), Education Code, as follows:
(g) Provides that a school district or county that provides special transportation services for eligible special education students is entitled to a state allocation at a rate per mile equal to the sum of the rate per mile set under Subsection (c) (relating to providing that each district or county operating a regular transportation system is entitled to a certain allotment) and $0.13, or a greater amount provided by appropriation. Deletes existing text providing that a school district or county that provides special transportation services for eligible special education students is entitled to a state allocation paid on a previous year's cost-per-mile basis. Deletes existing text requiring that the rate per mile allowable be set by appropriation based on data gathered from the first year of each preceding biennium.
SECTION 4.59. Amends Subchapter D, Chapter 48, Education Code, by adding Section 48.159, as follows:
Sec. 48.159. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL EVALUATION. (a) Provides that, for each child for whom a school district conducts a full individual and initial evaluation under Section 29.004 or 20 U.S.C. Section 1414(a)(1), the district is entitled to an allotment of $1,000 or a greater amount provided by appropriation.
(b) Provides that, notwithstanding Subsection (a), for the 2025�2026 and 2026�2027 school years, the amount of an allotment under that subsection is $3,000 for each child not enrolled or seeking enrollment in the district for whom the district conducts a full individual and initial evaluation as described by that subsection. Prohibits the total amount that is authorized to be used to provide allotments under this subsection from exceeding $67 million for a school year. Requires the commissioner, if the total amount of allotments to which districts are entitled under this subsection for a school year exceeds the amount permitted under this subsection, to proportionately reduce each district's allotment under this subsection. Provides that this subsection expires September 1, 2027.
SECTION 4.60. Amends Section 48.265(a), Education Code, as follows:
(a) Authorizes the commissioner, if the commissioner determines that the amount appropriated for the purposes of the Foundation School Program exceeds the amount to which school districts are entitled under Chapter 48, to provide grants using the excess money for certain costs. Deletes existing text requiring the commissioner by rule, if the commissioner determines that the amount appropriated for the purposes of the Foundation School Program exceeds the amount to which school districts are entitled under this chapter, notwithstanding any other provision of law, to establish a grant program through which excess funds are awarded as grants for certain costs.
SECTION 4.61. Amends Section 48.279(e), Education Code, to require the commissioner, after the commissioner has replaced any withheld federal funds as provided by Subsection (d) (relating to federal funds withheld for a school year due to noncompliance with requirements regarding maintenance of state financial support), to distribute the remaining amount, if any, of funds described by Subsection (a) (relating to state funds for purposes of compliance with the requirements regarding maintenance of state financial support for special education) to proportionately increase funding for the special education allotment under Section 48.102 and the special education service group allotment under Section 48.1021.
SECTION 4.62. Amends Subchapter G, Chapter 48, Education Code, by adding Sections 48.304, 48.306, and 48.315, as follows:
Sec. 48.304. DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING. (a) Provides that, for each qualifying day placement program or cooperative that a regional education service center, school district, or open-enrollment charter school establishes, the program or cooperative is entitled to an allotment of:
(1) $250,000 for the first year of the program's or cooperative's operation; and
(2) the sum of:
(A) $100,000 for each year of the program's or cooperative's operation after the first year; and
(B) $150,000 if at least three students are enrolled in the program or cooperative for a year described by Paragraph (A).
(b) Provides that a day placement program or cooperative qualifies for purposes of Subsection (a) if:
(1) the program or cooperative complies with commissioner rules adopted for purposes of this section under Section 48.004 (Administration of the Program);
(2) the program or cooperative offers services to students who are enrolled at any school district or open-enrollment charter school in the county in which the program or cooperative is offered, unless the commissioner by rule waives or modifies the requirement under this subdivision for the program or cooperative to serve all students in a county; and
(3) TEA has designated the program or cooperative for service in the county in which the program or cooperative is offered and determined that, at the time of designation, the program or cooperative increases the availability of day placement services in the county.
(c) Prohibits TEA from designating more than one day placement program or cooperative for service per county each year.
(d) Authorizes TEA to designate a regional education service center to implement and administer this section.
(e) Prohibits TEA, notwithstanding any other provision of this section, from providing an allotment under this section to more than 20 day placement programs or cooperatives for a year.
Sec. 48.306. PARENT-DIRECTED SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) Provides that, subject to Subsection (f), a student to whom TEA awards a grant under Subchapter A-1, Chapter 29, is entitled to receive an amount of $1,500 or a greater amount provided by appropriation.
(b) Requires the legislature to include in the appropriations for the Foundation School Program state aid sufficient for TEA to award grants under Subchapter A1, Chapter 29, in the amount provided by this section.
(c) Authorizes a student to receive one grant under Subchapter A-1, Chapter 29, unless the legislature appropriates money for an additional grant in the General Appropriations Act.
(d) Provides that a regional education service center designated to administer the program under Subchapter A-1, Chapter 29, for a school year is entitled to an amount equal to four percent of each grant awarded under that subchapter for that school year.
(e) Provides that, notwithstanding Section 7.057, a determination of the commissioner under this section is final and is prohibited from being appealed.
(f) Prohibits the total amount provided under this section from exceeding $80 million per school year.
(g) Prohibits the total amount provided under this section for the 2025�2026 school year, notwithstanding Subsection (f), from exceeding $150 million. Provides that this subsection expires September 1, 2026.
Sec. 48.315. FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR THE DEAF. (a) Provides that the program administrator or fiscal agent of a regional day school program for the deaf is entitled to receive for each school year an allotment of $6,925, or a greater amount provided by appropriation, for each student receiving services from the program.
(b) Requires TEA, notwithstanding Subsection (a), to adjust the amount of an allotment under that subsection for a school year to ensure the total amount of allotments provided under that subsection is at least $35 million for that school year.
SECTION 4.63. Repealers: Sections 7.055(b)(24) (relating to requiring the commissioner, with the approval of SBOE, to develop and implement a certain plan for the coordination of services to children with disabilities) and 7.102(c)(18) (relating to authorizing SBOE to approve the long-range plan for public education to be developed and implemented by the commissioner for the coordination of services to children with disabilities), Education Code.
Repealers: Sections 7.102(c)(19) (relating to requiring SBOE to establish a date by which each school district and state institution is required to provide to the commissioner the necessary information to determine the district's share of the cost of the education of certain students) and (20) (relating to requiring SBOE to adopt rules prescribing the form and content of certain information school districts are required to provide), Education Code.
Repealers: Sections 7.102(c)(21) (relating to requiring SBOE to adopt rules concerning admission of students to TSD) and (22) (relating to requiring SBOE to carry out powers and duties related to regional day school programs for the deaf), Education Code.
Repealer: Section 29.002 (Definition), Education Code.
Repealers: Sections 29.0041(c) (relating to prohibiting the time required for the district to provide certain information and seek certain consent from being counted toward the 60 calendar days for completion of a certain evaluation) and 29.005(f) (relating to authorizing the written statement of a student's individualized education program to be required to include only certain information), Education Code.
Repealers: Sections 29.0161 (Contract with State Office of Administrative Hearings for Special Education Due Process Hearings) and 29.308 (Regional Programs), Education Code.
Repealers: Sections 29.309 (Composition of Local Special Education Advisory Committee) and 29.311 (Educational Programs), Education Code.
Repealers: Sections 30.001 (Coordination of Services to Children with Disabilities) and 30.0015 (Transfer of Assistive Technology Devices), Education Code.
Repealers: Sections 30.002(c-1) (relating to requiring the full individual and initial evaluation of a certain student, in accordance with commissioner rule, to fulfill certain requirements) and (c-2) (relating to requiring that the scope of any reevaluation by a school district of a certain student be determined by a certain multidisciplinary team), Education Code.
Repealers: Sections 30.002(f) (relating to requiring that the individualized education program for a student with a visual impairment include instruction in braille and the use of braille unless certain conditions apply) and (f-1) (relating to requiring each person assisting in the development of the individualized education program for a student with a visual impairment to receive information describing the benefits of braille instruction), Education Code.
Repealer: Section 30.002(g) (relating to requiring the commissioner to develop a system to distribute from the foundation school fund to school districts or regional education service centers a special supplemental allowance for certain students), Education Code.
Repealer: Section 30.084 (Establishment of Programs), Education Code.
Repealers: Sections 30.087(b) (relating to requiring the commissioner, from the amount appropriated for regional day school programs, to allocate funds to each program based on the number of weighted full-time equivalent students served) and 38.003(d) (relating to the definitions of "dyslexia" and "related disorders"), Education Code.
SECTION 4.64. Requires the commissioner to award a grant under Subchapter A-1, Chapter 29, Education Code, as amended by this Act, for the 2025�2026 school year to each eligible applicant who applied but was not accepted for the 2024�2025 school year.
SECTION 4.655. Provides that, to the extent of any conflict between the changes made to the Education Code by this article and the changes made to the Education Code by another Act of the 88th Legislature, Regular Session, 2025, the changes made by this article prevail.
SECTION 4.66. Provides that Sections 8.051(d), 29.008, 29.014(c) and (d), and 29.018(b), Education Code, as amended by this article, apply beginning with the 2026�2027 school year.
SECTION 4.67. (a) Effective date, this article, except as provided by Subsection (b) or (c) of this section: upon passage or September 1, 2025.
(b) Effective date, the amendments made by this article to Chapter 48, Education Code, except as provided by Subsection (c) of this section: September 1, 2025.
(c) Effective date, Sections 48.009(b), 48.102, 48.103(b), (c), and (d), and 48.279(e), Education Code, as amended by this article, and Sections 48.1021 and 48.1022, Education Code, as added by this article: September 1, 2026.
ARTICLE 5. MEASURES TO SUPPORT EARLY CHILDHOOD EDUCATION
SECTION 5.01. Amends Section 12.104(b), Education Code, as follows:
(b) Provides that an open-enrollment charter school is subject to certain provisions and requirements, including a prohibition, restriction, or requirement, as applicable, imposed by Title 2 (Public Education) or a rule adopted under this title, relating to certain subjects, including PEIMS to the extent necessary to monitor compliance with Subchapter D (Open-Enrollment Charter School) as determined by TEA, rather than the commissioner, and reading and mathematics instruments and reading interventions under Sections 28.006, 28.0063, and 28.0064, rather than reading instruments and accelerated reading instruction programs under Section 28.006.
SECTION 5.02. Amends the heading to Section 21.4552, Education Code, to read as follows:
Sec. 21.4552. TEACHER LITERACY ACHIEVEMENT AND READING INTERVENTION ACADEMIES.
SECTION 5.03. Amends Section 21.4552, Education Code, by amending Subsections (b) and (d) and adding Subsections (d-1), (g), (h), and (i), as follows:
(b) Deletes existing text requiring that a literacy achievement academy developed under this section for teachers who provide reading instruction to students at the seventh or eighth grade level include training in certain subjects. Makes nonsubstantive changes.
(d) Provides that, except as provided by Subsection (d-1), from funds provided under Section 48.108 or other available funds, rather than from funds appropriated for that purpose, a classroom teacher who provides instruction to students in kindergarten through third grade and completes, rather than attends, a literacy achievement academy is entitled to receive a stipend from the school district in the amount determined by the commissioner. Authorizes a district, from funds appropriated for that purpose, to provide a stipend to a classroom teacher who provides instruction to students in a grade level above third grade. Provides that a stipend received under this subsection is not considered in determining whether a school district is paying the classroom teacher the minimum monthly salary under Section 21.402.
(d-1) Provides that a school district is not required to provide a stipend under Subsection (d) to a classroom teacher if the teacher fulfills certain requirements.
(g) Requires TEA to develop a method for evaluating a literacy achievement academy to determine the effectiveness of the academy, including whether the academy improves teaching practices and student literacy proficiency. Requires a school district or open-enrollment charter school to provide any information requested by TEA for purposes of evaluating literacy achievement academies under this subsection.
(h) Requires the commissioner, in addition to the literacy achievement academies developed under Subsection (a), to develop and make available reading intervention academies for teachers or other professionals who provide reading interventions to students who require targeted instruction in foundational reading skills.
(i) Authorizes the commissioner to establish an advisory board to assist TEA in fulfilling TEA's duties under this section. Requires that a recommendation of the advisory board be made available to the public. Provides that Chapter 2110, Government Code, does not apply to an advisory board established under this subsection.
SECTION 5.04. Amends the heading to Section 21.4553, Education Code, to read as follows:
Sec. 21.4553. TEACHER MATHEMATICS ACHIEVEMENT AND INTERVENTIONIST ACADEMIES.
SECTION 5.05. Amends Section 21.4553, Education Code, by amending Subsection (d) and adding Subsections (d-1), (g), (h), and (i), as follows:
(d) Entitles a classroom teacher who completes, rather than attends, a mathematics achievement academy, except as provided by Subsection (d-1), from funds provided under Section 48.108 or other available funds, rather than from funds appropriated for that purpose, except as provided by Subsection (d-1), to receive a stipend from the school district in the amount determined by the commissioner.
(d-1) Provides that a school district is not required to provide a stipend under Subsection (d) to a classroom teacher if the teacher fulfills certain requirements.
(g) Requires TEA to develop a method for evaluating a mathematics achievement academy to determine the effectiveness of the academy, including whether the academy improves teaching practices and student math proficiency. Requires a school district or open-enrollment charter school to provide any information requested by TEA for purposes of evaluating mathematics achievement academies under this subsection.
(h) Requires the commissioner, in addition to the mathematics achievement academies developed under Subsection (a), to develop and make available mathematics interventionist academies for teachers or other professionals who provides mathematics interventions to students who require targeted instruction in foundational mathematics skills.
(i) Authorizes the commissioner to establish an advisory board to assist TEA in fulfilling TEA's duties under this section. Requires that a recommendation of the advisory board be made available to the public. Provides that Chapter 2110, Government Code, does not apply to an advisory board established under this subsection.
SECTION 5.06. Amends Subchapter C, Chapter 25, Education Code, by adding Section 25.0816, as follows:
Sec. 25.0816. ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT PROGRAM. (a) Requires TEA, from money appropriated or otherwise available for the purpose, to establish and administer a grant program to provide funding and technical assistance to school districts and open-enrollment charter schools to plan the school year and adjust operations as necessary to qualify for the incentive funding under Section 48.0051.
(b) Requires TEA, in awarding grants under the program, to prioritize school districts and open-enrollment charter schools that seek to maximize incentive funding under Section 48.0051.
(c) Authorizes TEA to solicit and accept gifts, grants, and donations for purposes of this section.
SECTION 5.07. Amends Section 25.085(d), Education Code, to require a student enrolled in a school district, unless specifically exempted by Section 25.086 (Exemptions), to attend certain educational programs, including a reading intervention program to which the student is assigned under Section 28.0064, rather than an accelerated reading instruction program to which the student is assigned under Section 28.006(g) (relating to requiring the district to implement an accelerated reading instruction program that provides reading instruction that addresses reading deficiencies).
SECTION 5.08. Amends the heading to Section 28.006, Education Code, to read as follows:
Sec. 28.006. KINDERGARTEN READING READINESS.
SECTION 5.09. Amends Section 28.006, Education Code, by amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and (h) and adding Subsection (n), as follows:
(a) Requires the commissioner to develop recommendations for school districts for certain activities, including administering reading instruments to measure students' foundational literacy skills in reading development and comprehension, rather than to diagnose student reading development and comprehension.
(b) Requires the commissioner to adopt a reading instrument, rather than a list of reading instruments, that a school district is required, rather than authorized, to use at the beginning of the school year to measure a kindergarten student's foundational literacy skills in reading development and comprehension, rather than to diagnose student reading development and comprehension. Authorizes a reading instrument adopted under this subsection to include other developmental skills as part of a multidimensional assessment tool. Requires that a reading instrument adopted by the commissioner, rather than each reading instrument adopted by the commissioner or a district-level committee, be based on scientific research concerning foundational literacy skills in reading development and comprehension and provide for measuring the foundational literacy skills in reading development and comprehension of students, including students participating in a program under Subchapter B (Bilingual Education and Special Language Programs), Chapter 29.
Deletes existing text requiring the commissioner, for use in diagnosing the reading development and comprehension of kindergarten students, to adopt multidimensional assessment tool that includes a reading instrument and tests at least three developmental skills, including literacy. Deletes existing text providing that a multidimensional assessment tool administered as provided by this subsection is considered to be a reading instrument for purposes of this section. Deletes existing text authorizing a district-level committee established under Subchapter F (District-Level and Site-Based Decision-Making), Chapter 11 (School Districts), to adopt a list of reading instruments for use in the district in a grade level other than kindergarten in addition to the reading instruments on the commissioner's list. Deletes existing text requiring that a list of reading instruments adopted under this subsection provide for diagnosing the reading development and comprehension of students participating in a program under Subchapter B, Chapter 29. Makes conforming and nonsubstantive changes.
(b-1) Authorizes the commissioner to approve not more than two alternative reading instruments for use in measuring the foundational literacy skills in reading development and comprehension of kindergarten students that complies with the requirements under Subsection (b). Makes conforming and nonsubstantive changes.
(c-2) Requires each school district, not later than the 60th day after the beginning of the school year, to administer at the kindergarten level a reading instrument adopted by the commissioner under Subsection (b) or approved by the commissioner under Subsection (b-1). Requires the district to administer the reading instrument in accordance with the commissioner's recommendations under Subsection (a)(1) (relating to recommendations for administering certain reading instruments) and policies developed by commissioner rule. Makes a nonsubstantive change.
(c-3) Requires the commissioner by rule to determine the performance on a reading instrument adopted or approved under this section, rather than the reading instrument adopted under Subsection (b), that indicates kindergarten readiness. Requires that each reading instrument adopted or approved under this section provide for the ability to compare the performance that indicates kindergarten readiness on that instrument with the performance that indicates kindergarten readiness on other instruments adopted or approved under this section.
(d) Requires the superintendent of each school district to:
(1) report to the commissioner and the board of trustees of the district at a public meeting of the board the results of a reading instrument administered to students under this section;
(2) not later than the earlier of the 20th school day or the 30th, rather than the 60th, calendar day after the date on which the results of a reading instrument are available, rather than the date on which a reading instrument was administered, report in writing or electronically, to a student's parent or guardian the student's results on the instrument; and
(3) makes no changes to this subdivision.
Makes a conforming change to this subsection.
(f) Requires TEA to ensure reading instruments adopted or approved under this section are available to school districts at no cost. Deletes existing text requiring TEA to ensure at least one reading instrument for each grade level for which a reading instrument is required to be administered under this section is available to school districts at no cost.
(h) Requires the school district to make a good faith effort to ensure that the report required under Subsection (d)(2), rather than the notice required under this section, is provided either in person or electronically, rather than by regular mail, and that the report is clear and easy to understand and is written in English and in the parent or guardian's native language. Makes a conforming change.
(n) Provides that nothing in this section is authorized to be construed to circumvent or supplant federal or state law regarding a student who participates in a special education program under Subchapter A, Chapter 29, or a student who is suspected to have a disability and who may be eligible to participate in a special education program under that subchapter.
SECTION 5.10. Amends Subchapter A, Chapter 28, Education Code, by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071, as follows:
Sec. 28.0063. EARLY LITERACY AND NUMERACY INSTRUMENTS. (a) Requires the commissioner to adopt a list of reading and mathematics instruments approved or developed by the commissioner for use by school districts in kindergarten through grade three to measure students' foundational literacy skills in reading development and comprehension and foundational numeracy skills in mathematics.
(b) Requires that a reading or mathematics instrument adopted under Subsection (a) meet certain criteria.
(c) Requires the commissioner to update the list of reading and mathematics instruments adopted under Subsection (a) not less than once every four years, ensure the list adopted under Subsection (a) includes multiple reading and mathematics instruments, develop a process by which a school district is authorized to submit an instrument to the commissioner for approval, and make publicly available the criteria for the evaluation and approval of an instrument submitted to the commissioner.
(d) Requires that the instruments adopted or approved under this section be administered in a certain manner.
(e) Requires the commissioner to align and determine comparability of the instruments administered under this section with certain instruments.
(f) Authorizes the commissioner, if the commissioner determines that an interim assessment instrument adopted under Section 39.023(o) (relating to requiring TEA to adopt or develop optional interim assessment instruments) provides the same intended outcomes as an instrument adopted or approved under this section, to substitute that interim assessment for an instrument adopted or approved under this section.
(g) Requires a school district to administer to students in kindergarten through third grade a reading instrument and a mathematics instrument adopted under Subsection (a) in accordance with requirements and recommendations established by the commissioner under this section, including requirements or recommendations related to administering the instruments, training staff on the instruments, and applying the results of the instruments to the district's instructional program.
(h) Requires the superintendent of each school district to report to the commissioner and the board of trustees of the district at a public meeting of the board the results of a reading or mathematics instrument administered to students under this section and, not later than the earlier of the 20th school day or the 30th calendar day after the date on which the results of a reading or mathematics instrument are available, report certain information, in writing or electronically, to a student's parent or guardian.
(i) Requires TEA to establish a list of reading and mathematics instruments adopted under Subsection (a) for which TEA has negotiated a price. Provides that a school district is not required to use a method provided by Section 44.031 (Purchasing Contracts) to purchase an instrument on the list established under this subsection.
(j) Authorizes a student's parent or guardian to submit a written request to the administrator of the campus at which the student is enrolled to opt the student out of the administration of a reading or mathematics instrument required under this section. Prohibits a school district from encouraging or directing a parent or guardian to submit a written request under this subsection.
(k) Requires the commissioner to adopt rules as necessary to implement this section.
(l) Provides that Section 2001.0045 (Requirement for Rule Increasing Costs to Regulated Persons), Government Code, does not apply to a rule adopted under this section.
(m) Authorizes a school district to comply with the requirements of Subsection (g) by administering a reading or mathematics instrument selected by the board of trustees of the school district that meets the requirements of Subsection (b) until the commissioner adopts the list of reading and mathematics instruments under Subsection (a). Provides that this subsection expires September 1, 2029.
Sec. 28.0064. EARLY LITERACY INTERVENTION FOR CERTAIN STUDENTS. (a) Requires a school district, if a student's results on two consecutive reading instruments administered under Section 28.0063 indicate that the student is at risk, as determined by TEA, of not achieving satisfactory performance in foundational literacy, as soon as practicable following the receipt of the student's results, to provide reading interventions to the student.
(b) Requires that reading interventions provided under Subsection (a) meet certain criteria.
(c) Requires a school district to continue providing reading intervention to a student under this section until the earlier of the date on which the student is no longer determined to be at risk, as determined by TEA, of not achieving satisfactory performance in foundational literacy on a reading instrument administered under Section 28.0063 or the student begins the fourth grade.
(d) Prohibits a school district, in providing reading interventions under this section, from removing a student, except under circumstances for which a student enrolled in the same grade level who is not receiving reading interventions would be removed, from instruction in the foundation curriculum and enrichment curriculum adopted under Section 28.002 for the grade level in which the student is enrolled or recess or other physical activity that is available to other students enrolled in the same grade level.
(e) Requires TEA to approve one or more products that use an automated, computerized, or other augmented method for providing reading interventions. Provides that TEA is authorized to approve a product under this subsection only if evidence indicates that the product is effective at promoting mastery of foundational literacy skills.
(f) Requires TEA, subject to appropriation, to ensure that at least one product approved under Subsection (e) is available to school districts at no or reduced cost.
(g) Authorizes a student's parent or guardian to submit a written request to the administrator of the campus at which the student is enrolled to opt the student out of all or part of the reading intervention requirements under Subsection (b). Prohibits a school district from encouraging or directing a parent or guardian to submit a written request under this subsection that would allow the district to not provide reading interventions to the student.
(h) Requires a school district to provide to the parent or guardian of a student receiving reading interventions under this section the notice required under Section 26.0081(d) (relating to a school district notifying parents of certain children of intervention strategies provided to the child).
(i) Prohibits anything in this section from being construed to prevent or discourage reading interventions for a student whose results on a reading instrument administered under Section 28.0063 indicate that the student is at risk, as determined by TEA, of not achieving satisfactory performance in foundational literacy.
(j) Prohibits anything in this section from being construed to circumvent or supplant federal or state law regarding a student who participates in a special education program under Subchapter A, Chapter 29, or a student who is suspected to have a disability and who is authorized to be eligible to participate in a special education program under that subchapter.
(k) Requires the commissioner to adopt rules as necessary to implement this section, including rules that define appropriate standards for implementing reading interventions that meet the requirements of Subsection (b).
(l) Provides that Section 2001.0045, Government Code, does not apply to a rule adopted under this section.
(m) Provides that a school district is not required to comply with the requirements of this section until the commissioner adopts a list of reading and mathematics instruments under Section 28.0063 and designates the first school year that districts are required to comply with this section. Provides that this subsection expires September 1, 2029.
Sec. 28.0065. ADAPTIVE VOCABULARY PILOT PROGRAM. (a) Requires TEA to develop and implement an adaptive vocabulary pilot program (pilot program) to assess vocabulary development in students in kindergarten through third grade.
(b) Authorizes TEA to develop an assessment under the pilot program to assess students in grades other than grades described by Subsection (a).
(c) Prohibits anything in this section from being construed to circumvent or supplant federal or state law regarding a student who participates in a special education program under Subchapter A, Chapter 29, or a student who is suspected to have a disability and who may be eligible to participate in a special education program under that subchapter.
(d) Authorizes the commissioner to adopt rules as necessary to implement this section.
Sec. 28.0071. MATHEMATICS TRAINING FOR KINDERGARTEN THROUGH EIGHTH GRADE. (a) Requires each school district and open-enrollment charter school to ensure that:
(1) not later than the 2030�2031 school year, each classroom teacher that provides instruction in mathematics to students in kindergarten through eighth grade and each principal, assistant principal, mathematics instructional coach, and mathematics interventionist at a campus with one of those grade levels has attended a teacher mathematics achievement academy developed under Section 21.4553; and
(2) each classroom teacher and principal initially employed in a grade level or at a campus described by Subdivision (1) for the 2030�2031 school year or a subsequent school year has attended a teacher mathematics achievement academy developed under Section 21.4553 by the end of the teacher's or principal's first year of placement in that grade level or campus.
(b) Requires TEA to provide assistance to school districts and open-enrollment chart schools in complying with the requirements under this section.
(c) Requires TEA to monitor the implementation of this section and periodically report to the legislature on the implementation of this section and the effectiveness of this section in improving educational outcomes.
(d) Authorizes the commissioner to adopt rules to implement this section.
SECTION 5.11. Amends Subchapter B, Chapter 28, Education Code, by adding Section 28.02111, as follows:
Sec. 28.02111. FIRST THROUGH THIRD GRADE SUPPLEMENTARY SUPPORTS. (a) Requires the commissioner to establish and administer a program designed to help student proficiency in reading by providing a grant in an amount provided under Section 48.317 through which the student's parent may purchase tutoring services from TEA-approved providers to:
(1) a student at or below the third grade level who, beginning in the first grade, is required to be provided reading interventions under Section 28.0064; and
(2) a student who is required to be provided accelerated instruction under Section 28.0211(a-1) based on the student's third grade performance.
(b) Requires TEA to approve as a provider of tutoring services under this section a classroom teacher employed by a school district or open-enrollment charter school who holds a current teacher designation under Section 21.3521 and submits the teacher's name to TEA to offer tutoring services designed to help improve student proficiency in reading.
(c) Requires TEA to maintain a system of online accounts under which each student described by Subsection (a) is assigned an account for the student's parent to access the grant described by Subsection (a) and implement the program in a manner that ensures certain outcomes.
(d) Prohibits a student receiving more than one grant under Subsection (a)(1) and one grant under Subsection (a)(2) unless the legislature provides for additional grants by appropriation.
(e) Authorizes TEA to reserve from the total amount of money available for purposes of the program an amount, not to exceed five percent of the total amount, to cover TEA's cost of administering the program.
(f) Provides that a school district or open-enrollment charter school in which a student who receives a grant under this section is enrolled remains subject to the requirements to provide reading interventions under Section 28.0064 and accelerated instruction under Section 28.0211 (Accelerated Instruction; Modified Teacher Assignment), as applicable.
(g) Requires a school district or open-enrollment charter school to provide to the parent of a student described by Subsection (a) notice of the student's eligibility for a grant under this section, in a form and manner established by TEA.
(h) Provides that a decision by the commissioner regarding the program under this section is final and is prohibited from being appealed.
(i) Requires the commissioner to adopt rules as necessary to implement this section.
SECTION 5.12 Amends Section 29.0031, Education Code, by adding Subsection (e) to require a school district or open-enrollment charter school to notify the parent of a student identified with dyslexia or a related disorder of the Talking Book Program administered by the Texas State Library and Archives Commission and other available audio book services.
SECTION 5.13. Amends Section 29.153, Education Code, by amending Subsections (b) and (g) and adding Subsections (b-1) and (h), as follows:
(b) Provides that a child is eligible for enrollment in a prekindergarten class under Section 29.153 (Free Prekindergarten for Certain Children) if the child is at least three years of age and meets certain requirements, including being 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. Makes a nonsubstantive change.
(g) Provides that, before a school district or open-enrollment charter school is authorized to construct, repurpose, or lease a classroom facility, or issue bonds for the construction or repurposing of a classroom facility, to provide the prekindergarten classes required under this section, the district or school is required to meet certain criteria, including having received an official determination from a prekindergarten partnership intermediary designated under Subsection (g-1) that the providers from which the district or school or school has considered proposals under Subdivision (1) (relating to requiring a district or school to solicit and consider proposals for partnerships) are unable to serve the students for whom the district or school plans to provide prekindergarten classes in the classroom facility to be constructed, repurposed, or leased. Makes nonsubstantive changes.
(g-1) Requires the commissioner to designate at least four appropriate entities as prekindergarten intermediaries to develop partnerships between school districts and open-enrollment charter schools and private prekindergarten providers. Requires TEA to develop guidelines for use by the prekindergarten partnership intermediaries regarding successful prekindergarten partnerships between school districts and open-enrollment charter schools and private prekindergarten providers.
(h) Provides that, notwithstanding any other law, a facility or location at which prekindergarten classes are provided by a school district or open-enrollment charter school in partnership with a private entity under this section is required to comply with any municipal ordinance applicable to the operation of a private prekindergarten program and is prohibited from being required to comply with any municipal ordinance applicable to the operation of a prekindergarten program by a school district or open-enrollment charter school.
(i) Requires that a partnership entered into between a school district or open-enrollment charter school and a private provider for prekindergarten class under this section provide for the provider to receive funding for each district or school student enrolled in the class in an amount of funding that the district or school receives for the student. Authorizes the commissioner, notwithstanding Section 7.056(e)(3)(I) (relating to certain waivers or exemptions from certain prekindergarten programs), to waive the requirement under this subsection on request by a school district or open-enrollment charter school in accordance with Section 7.056.
SECTION 5.14. Amends Section 29.1531, Education Code, by amending Subsections (a) and (b) and adding Subsections (c) and (d), as follows:
(a) Creates an exception under Subsection (c).
(b) Deletes existing text requiring a school district that offers a prekindergarten program on a tuition basis to submit the proposed tuition rate to the commissioner for approval. Makes nonsubstantive changes.
(c) Provides that a school district is authorized to offer a prekindergarten program on a tuition basis only if the district has received an official determination from a prekindergarten from a prekindergarten intermediary designated under Section 29.153(g-1) that no private prekindergarten providers that meet certain qualifications are able to serve the students for whom the district plans to charge tuition.
(d) Authorizes the commissioner to adopt rules under Section 29.1531 (Tuition-Supported and District-Financed Prekindergarten), including rules establishing the manner in which a prekindergarten partnership is authorized to determine whether a private prekindergarten provider is available.
SECTION 5.15. Amends Section 29.1534, Education Code, as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. Requires that an early education report under this section contain:
(1) makes no changes to this subdivision;
(2) a description of the reading instruments administered in accordance with Section 28.006(c-2), rather than a description of the diagnostic reading instruments administered in accordance with Section 28.006(c) or (c-2);
(3) makes conforming changes to this subdivision;
(4) the number of students whose scores from a reading instrument administered in accordance with Section 28.006(c-2) indicate kindergarten readiness in reading, rather than reading proficiency;
(5) the number of kindergarten students who were enrolled in a prekindergarten program, including a program offered through a partnership under Section 29.153, in the previous years, rather than year, in the same district or school as the district or school in which the student attends kindergarten;
(6) makes no changes to this subdivision;
(7) makes conforming and nonsubstantive changes to this subdivision; and
(8) makes no changes to this subdivision.
Makes conforming changes to this section.
SECTION 5.16. Amends Section 29.161(c), Education Code, to require that the school readiness certification system meet certain requirements, including being capable of fulfilling the reporting and notice requirements of Section 28.006(d), rather than Sections 28.006(d) and (g).
SECTION 5.17. Amends Section 29.167, Education Code, by amending Subsections (b-1) and (b-3) and adding Subsection (b-4), as follows:
(b-1) Requires each teacher for a prekindergarten class provided by an entity with which a school district contracts to provide a prekindergarten program, notwithstanding Subsection (b) (relating to requiring each teacher for a prekindergarten program class to have certain qualifications), to meet certain requirements, including being certified under Subchapter B, Chapter 21, to teach prekindergarten or supervised by a person who meets the requirements under Subsection (b) and, when appropriate, be appropriately certified or be supervised by a person who is appropriately certified to provide effective instruction to emergent bilingual students, as defined by Section 29.052 (Definitions), enrolled in the prekindergarten program. Makes nonsubstantive changes.
(b-3) Provides that Subsections (b-1), (b-2) (relating to authorizing a person who supervises a prekindergarten program to supervise multiple classrooms), and (b-4) and this subsection expire September 1, 2029.
(b-4) Provides that Subsections (b-1) and (b-2) apply to any prekindergarten program provided by an entity with which a school district contracts to provide a prekindergarten program under Section 29.153.
SECTION 5.18. Amends Sections 29.934(b) and (d), Education Code, as follows:
(b) Requires a campus, to apply to be designated as a resource campus under Section 29.934 (Resource Campus), to have received an overall performance rating under Section 39.054 (Methods and Standards for Evaluating Performance) of D or F, or an overall performance rating under Section 39.054(a-4)(1) (relating to a district or campus located in an area that is subject to a declaration of a state of disaster) or 39.0546 (COVID-19 Recovery Accountability for 2021�2022 School Year) of "Not Rated," for three, rather than four, years over a 10-year period of time.
(d) Requires the campus, to be designated as a resource campus, to:
(1) makes no changes to this subdivision;
(2) adopt an accelerated campus excellence turnaround plan as provided by Section 39A.105(b) (relating to authorizing a campus to submit an accelerated campus excellence turnaround plan), rather than adopt an accelerated campus excellence turnaround plan as provided by Section 39A.105(b) except that a classroom teacher who satisfies the requirements for demonstrated instructional effectiveness under Section 39A.105(b)(3) (relating to classroom teachers who demonstrated instructional effectiveness during the previous school year) is required to also hold a current designation assigned under Section 21.3521;
(3) makes no changes to this subdivision;
(4) satisfy certain staff criteria by fulfilling certain requirements, including for a subject in the foundation curriculum under Section 28.002(a)(1) (relating to requiring each school district that offers kindergarten through grade 12 to offer a certain foundation curriculum), employing only teachers who have at least two, rather than three, years of teaching experience and ensuring that at least 50 percent of teachers hold a current designation assigned under Section 21.3521;
(5)-(7) makes no changes to these subdivisions;
(8) if the campus is an elementary or middle school campus, operate the campus for a school year that qualifies for funding under Section 48.0051; and
(9) makes no changes to this subdivision.
Makes nonsubstantive changes to this subsection.
SECTION 5.19. Amends Section 29.934, Education Code, effective September 1, 2028, by amending Subsection (b) and adding Subsection (b-1), as follows:
(b) Requires a campus, to apply to be designated as a resource campus under this section, to have received an overall performance rating under Section 39.054 of D or F, or an overall performance rating under Section 39.054(a-4)(1) of "Not Rated," for three, rather than four, years over a 10-year period of time.
(b-1) Authorizes a campus, notwithstanding Subsection (b), to apply to be designated as a resource campus under this section if the campus received an overall performance rating under Section 39.054 of D or F, or an overall performance rating under Section 39.054(a-4)(1) or former Section 39.0546 of "Not Rated," for three years over a 10-year period of time. Provides that this subsection expires September 1, 2033.
SECTION 5.20. Amends Section 31.0752, Education Code, as follows:
Sec. 31.0752. OPEN EDUCATION RESOURCE INSTRUCTIONAL MATERIAL SUPPORT PROGRAM. (a) Creates this subsection from existing text and makes no further changes.
(b) Requires TEA to engage in efforts to meet the demand from school districts and open-enrollment charter schools that request assistance under this section for the 2024�2025 or 2025�2026 school year. Authorizes a school district or open-enrollment charter school to apply assistance received under this subsection to offset the payment of costs related to implementing open education resource instructional material, regardless of whether the district or school incurred the cost before receiving the assistance. Provides that this subsection expires September 1, 2027.
SECTION 5.21. Amends Subchapter B-1, Chapter 31, Education Code, by adding Section 31.0754, as follows:
Sec. 31.0754. COMMUNICATION REGARDING HIGH QUALITY INSTRUCTIONAL MATERIALS. (a) Authorizes the commissioner, notwithstanding Chapter 2113 (Use of Appropriated Money), Government Code, to enter into contracts or agreements and engage in efforts to communicate information to parents, classroom teachers, school districts, and open-enrollment charter schools regarding the educational value, particularly the impact on reading and math achievement, of open education resource instructional materials made available under Subchapter B-1 (Open Education Resource Instructional Materials), including activities to promote, market, and advertise the content included in and how to use those materials.
(b) Authorizes the commissioner to use appropriated funds or funds appropriated for the development of open education resource instructional materials under this subchapter to pay for activities authorized under this section.
SECTION 5.22. Amends Section 38.003, Education Code, by amending Subsection (a) and adding Subsection (a-1), as follows:
(a) Requires SBOE to identify the necessary criteria and elements that provide for universal screening for dyslexia and related disorders for students in kindergarten and first grade. Deletes existing text requiring students enrolling in public schools in this state to be screen or tested, as appropriate, for dyslexia and related disorders at appropriate times in accordance with a program approved by SBOE. Deletes existing text requiring that the program include screen at the end of the school year of each student in kindergarten and each student in the first grade.
(a-1) Requires that the criteria and elements identified under Subsection (a) be included in the reading instruments adopted or approved under Section 28.0063 and administered in accordance with the timelines established under that section.
SECTION 5.23. Amends Section 39.333, Education Code, as follows:
Sec. 39.333. REGIONAL AND DISTRICT LEVEL SUPPORT. Deletes existing text requiring TEA, as part of the comprehensive biennial report under Section 39.332 (Comprehensive Biennial Report), to submit a regional and district level report covering the preceding two school years and containing an evaluation of accelerated instruction programs offered under Section 28.006, including an assessment of the quality of such programs and the performance of students enrolled in such programs. Makes nonsubstantive changes.
SECTION 5.24. Amends Section 48.0051, Education Code, by amending Subsections (a), (b), and (d) and adding Subsection (b-1), as follows:
(a) Requires the commissioner, rather than requires the commissioner subject to Subsection (a-1), to adjust the average daily attendance of a school district or open-enrollment charter school under Section 48.005 (Average Daily Attendance) in the manner provided by Subsection (b) if the district or school:
(1) provides the minimum number of minutes of operational and instructional time required under Section 25.081 (Operation of Schools) and commissioner rules adopted under that section over at least 175, rather than 180, days of instruction; and
(2) offers an additional 30 days of half-day instruction for students enrolled in prekindergarten through eighth grade, rather than fifth grade.
Makes a nonsubstantive change to this subsection.
(b) Requires the commissioner, subject to Subsection (b-1), for a school district or open-enrollment charter school described by Subsection (a), to increase the average daily attendance of the district or school under Section 48.005 by the amount that results from the quotient of the sum of attendance by students described by Subsection (a)(2) for each of the 30 additional instructional days of half-day instruction that are provided divided by 175, rather than 180. Makes a nonsubstantive change.
(b-1) Requires the commissioner, for a school district or open-enrollment charter school described by Subsection (a) that provides at least 200 full days of instruction to students described by Subsection (a)(2), to increase the amount computed for the district or school under Subsection (b) by 50 percent.
(d) Provides that this section does not prohibit a school district from providing the minimum number of minutes of operational and instructional time required under Section 25.081 and commissioner rules adopted under that section over fewer than 175, rather than 180, days of instruction.
SECTION 5.25. Amends Subchapter A, Chapter 48, Education Code, by adding Section 48.0052, as follows:
Sec. 48.0052. INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS FOR READING INTERVENTIONS. (a) Requires the commissioner to adjust the average daily attendance of a school district or open-enrollment charter school under Section 48.005 in the manner provided by Subsection (b) if the district or school:
(1) does not qualify for funding under Section 48.0051;
(2) provides the minimum number of minutes of operational and instructional time required under Section 25.081 and commissioner rules adopted under that section; and
(3) offers up to an additional 30 days of half-day instruction consisting of reading interventions described by Section 28.0064 for students who are required to be provided reading interventions under that section.
(b) Requires the commissioner, for a school district or open-enrollment charter school described by Subsection (a), to increase the average daily attendance of the district or school under Section 48.005 by 50 percent of the amount that results from the quotient of the sum of attendance by students described by Subsection (a)(3) for each of the additional instructional days of half-day instruction that are provided divided by 175.
(c) Requires TEA to assist school districts and open-enrollment charter schools in qualifying for the incentive under this section.
(d) Requires the commissioner to adopt rules necessary for the implementation of this section.
SECTION 5.26. Amends Section 48.108, Education Code, by amending Subsections (a), (b), and (c) and adding Subsection (a-1), as follows:
(a) Provides that, for each student in average daily attendance in kindergarten through third grade, a school district is entitled to an annual allotment equal to the basic allotment multiplied by 0.01, rather than 0.1 if the student meets certain criteria.
(a-1) Provides that, in addition to the allotment under Subsection (a), a school district is entitled to an annual allotment equal to the basic allotment multiplied by 0.1 for each student in average daily attendance in kindergarten through third grade who is educationally disadvantaged or an emergent bilingual student, as defined by Section 29.052, and is in a bilingual education or special language program under Subchapter B (Bilingual Education and Special Language Programs), Chapter 29 (Educational Programs).
(b) Requires that funds allocated under Section 48.108 (Early Education Allotment) be used for certain purposes, including to fund the attendance of teachers employed by the district at teacher literacy achievement academies under Section 21.4552 or teacher mathematics achievement academies under Section 21.4553 and prekindergarten programs under Subchapter E and E-1, Chapter 29. Makes nonsubstantive changes.
(c) Makes a conforming change to this subsection.
SECTION 5.27. Amends Subchapter C, Chapter 48, Education Code, by adding Sections 48.1081 and 48.122, as follows:
Sec. 48.1081. DISTRIBUTION OF CERTAIN EARLY EDUCATION ALLOTMENT MONEY FOR PURPOSES OF FULL-DAY PREKINDERGARTEN. (a) Provides that this section applies only to money to which a school district is entitled under Section 48.108(a-1).
(b) Requires TEA, notwithstanding any other provision of this chapter, from the total amount of money to which school districts are entitled under Section 48.108(a-1), instead of providing money to which this section applies to school districts in accordance with Section 48.108(a-1), to distribute that money in a certain manner.
Sec. 48.122. EARLY LITERACY INTERVENTION ALLOTMENT. (a) Entitles a school district, except as provided by Subsections (b) and (c), for each enrolled student receiving reading interventions under Section 28.0064, to an annual allotment of $250, or a greater amount provided by appropriation.
(b) Prohibits a school district from receiving funding under this section for a student for which the district receives an allotment under Section 48.103.
(c) Provides that a school district is authorized to receive funding under this section for not more than 10 percent of students enrolled in the district in kindergarten through third grade.
SECTION 5.28. Amends Subchapter G, Chapter 48, Education Code, by adding Section 48.317, as follows:
Sec. 48.317. THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT; FUNDING ADJUSTMENT. (a) Entitles a student to whom TEA provides a grant under Section 28.02111 to receive an amount of $400 for each grant for which the student is eligible under that section, or a greater amount provided by appropriation.
(b) Provides that a student is authorized to receive only one grant under Section 28.02111(a)(1) and one grant under Section 28.02111(a)(2) unless the legislature provides for additional grants by appropriation.
(c) Requires TEA, subject to Subsection (d), beginning with the 2030�2031 school year, to reduce the school district's entitlement under this chapter each school year by the total amount of grant money received by a student under Subsection (a) for each student who meets certain criteria.
(d) Requires TEA, for a student described by Subsection (c) who is eligible to participate in a school district's special education program under Section 29.003, to reduce the district's entitlement in accordance with Subsection (c) by one-half of the amount determined for the student under that subsection.
(e) Provides that, notwithstanding Section 7.057, a determination by the commissioner under this section is final and prohibited from being appealed.
SECTION 5.29. Repealers: Sections 7.058 (Research on Mathematics Skills Acquisition and Program Effectiveness) and 28.007 (Mathematics Diagnosis), Education Code.
Repealers: Sections 28.006(c) (relating to requiring each school district to administer a reading instrument on the list adopted by the commissioner at the first and second grade level) and (c-1) (relating to requiring each school district to administer a reading instrument adopted by the commissioner for certain students at the beginning of the seventh grade), Education Code.
Repealers: Sections 28.006(g) (relating to requiring a school district to notify the parent or guardian of each student in kindergarten or first or second grade who is determined to be at risk for dyslexia or other reading difficulties) and (g-1) (relating to requiring a school district to provide additional reading instruction and intervention to each assessed student in seventh grade), Education Code.
Repealers: Sections 28.006(g-2) (relating to requiring a school district to notify the parent or guardian of each student determined to be at risk for dyslexia and other reading difficulties of the program maintained by the Texas State Library and Archives Commission) and (i) (relating to requiring the commissioner to certify whether sufficient funds have been appropriated statewide), Education Code.
Repealers: Sections 28.006(j) (relating to prohibiting more than 15 percent of funds certified by the commissioner to be spent on indirect costs) and (k) (relating to providing that the provisions of this section relating to parental notification are authorized to be implemented only if the commissioner certifies that funds have been appropriated during a school year), Education Code.
SECTION 5.30. Provides that, to the extent of any conflict between the changes made to the Education Code by this article and the changes made to the Education Code by another Act of the 88th Legislature, Regular Session, 2025, the changes made by this article prevail.
SECTION 5.31. (a) Provides that, except as provided by Subsection (b) of this section, Sections 12.104, 21.4552, 21.4553, 25.085, 28.006, 29.153, 29.1543, 29.167, 29.934, and 39.333, Education Code, as amended by this article, and Sections 28.0063, 28.0064, 28.0065, and 28.02111, Education Code, as added by this article, apply beginning with the 2025�2026 school year.
(b) Provides that Sections 29.153(g) and 29.1531, Education Code, as amended by this article, apply beginning with the 2027�2028 school year.
SECTION 5.32. (a) Effective date, Sections 48.0051 and 48.108, Education Code, as amended by this article, and Sections 48.0052, 48.1081, 48.122, and 48.317, Education Code, as added by this article: September 1, 2025.
(b) Effective date, this article, except as provided by Subsection (a) of this section or as otherwise provided by this article: upon passage or September 1, 2025.
ARTICLE 6. COLLEGE, CAREER, AND MILITARY READINESS
SECTION 6.01. Amends Section 4.002, Education Code, as follows:
Sec. 4.002. PUBLIC EDUCATION ACADEMIC GOALS. Provides that, to serve as a foundation for a well-balanced and appropriate education:
GOAL 1-4: Makes no changes to these goals.
GOAL 5: The students who graduate high school in the public education system will have the skills and credentials necessary to immediately enter this state's workforce.
GOAL 6: The students who graduate high school in the public education system and who elect to pursue postsecondary education will be ready for postsecondary coursework without the need for remediation.
SECTION 6.02. Amends Subchapter B, Chapter 7, Education Code, by adding Sections 7.0405 and 7.043, as follows:
Sec. 7.0405. POSTING OF POSTSECONDARY OUTCOMES. (a) Requires TEA, subject to Subsection (b), to post on TEA's Internet website certain de-identified data, disaggregated by school district or open-enrollment charter school, high school campus, and annual cohort for the 10 most recent annual cohorts.
(b) Provides that TEA is required to post the data required under Subsection (a) in a manner that complies with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) and is authorized, if necessary to comply with that act, to create a private portal for school district board of trustees or open-enrollment charter school governing body members, school administrators, and school counselors at a high school to access data for the member's, administrator's, or counselor's school district or open-enrollment charter school.
(c) Requires TEA to ensure the data posted under Subsection (a) is made available to certain entities and persons.
Sec. 7.043. STATEWIDE GOAL FOR CAREER READINESS. (a) Requires TEA, using the data posted under Section 7.0405(a), to create a quantifiable statewide goal for public school students to achieve career readiness, including by attaining a workforce-aligned credential while in high school.
(b) Requires TEA to update the goal created under Subsection (a) at least once every five years.
SECTION 6.03. Amends Section 11.186, Education Code, by amending Subsections (b) and (c) and adding Subsections (d), (e), and (f), as follows:
(b) Requires that each plan adopted under Subsection (a) (relating to requiring the board of trustees of each school district to adopt college, career, and military readiness plans):
(1) makes no changes to this subdivision;
(2) include an annual goal for aggregate student growth on each college, career, and military readiness indicator evaluated under the student achievement domain under Section 39.053(c)(1) (relating to the including in the student achievement domain certain indicators of student achievement);
(3) include specific annual goals for student completion of postsecondary credentials, including industry-based credentials, level one or level two certificates as defined by TEA, and associate degrees, while enrolled in high school;
(4) include annual goals for the outcomes of the district's annual graduates at one, three, and five years after graduation from high school, including goals for certain outcomes;
(5) assign at least one district-level administrator or employee of the regional education service center for the district's region to:
(A) makes no changes to this paragraph;
(B) submit an annual report to the board of trustees, TEA, and the LBB on the district's performance and progress toward the goals set under the plan; and
(6) be reviewed and approved by majority vote annually by the board of trustees at a public meeting.
Makes nonsubstantive changes to this subsection.
(c) Requires the board of trustees, in identifying and including goals in each plan adopted under Subsection (a) as provided by Subsection (b), to use longitudinal student outcomes data posted under Section 7.0405(a) and any other resources available to the board.
(d) Creates this subsection from existing text. Requires a school district to post the annual report described by Subsection (b)(5)(B) on the district's Internet website and on the Internet website, if any, of each campus in the district not later than two weeks before the date of the public meeting at which the report is reviewed and approved as required by Subsection (b)(6). Requires the district to update the annual report on each Internet website if any modifications are made to the report by the board of trustees. Makes a conforming change.
(e) Requires the commissioner by rule to establish a deadline for the submission of the annual reports described by Subsection (b)(5)(B). Requires TEA to compile and make publicly accessible on TEA's Internet website the annual reports.
(f) Authorizes TEA to evaluate the goals identified or included in an annual report described by Subsection (b)(5)(B) to determine whether those goals align with state secondary, postsecondary, and workforce goals.
SECTION 6.04. Amends Section 28.0095, Education Code, adding Subsection (c-1), as follows:
(c-1) Provides that, notwithstanding Subsection (c)(1)(A) (relating to providing that a student is eligible to enroll at no cost in a dual credit course if the student is enrolled in high school in a school district or high school), a student otherwise described by Subsection (c) (relating to providing that certain students are eligible to enroll at no cost in a dual credit course) is eligible to enroll at no cost in a dual credit course under the program if the student has graduated from high school but meets certain requirements.
SECTION 6.05. Amends Section 29.182(b), Education Code, as follows:
(b) Requires that the state plan for career and technology education include certain procedures, including a procedure designed to ensure that a course of study offered under a Junior Reserve Officers' Training Corps program established under 10 U.S.C. Section 2031 is considered a career and technology education program. Makes nonsubstantive changes.
SECTION 6.06. Amends Sections 29.190(a-1), (b), and (c), Education Code, as follows:
(a-1) Prohibits a student from receiving more than two subsidies, rather than more than one subsidy, under Section 29.190 (Subsidy for Certification Examination).
(b) Provides that a teacher is entitled to a subsidy under this section if the teacher passes a certification examination related to career and technology education, rather than cybersecurity.
(c) Requires TEA, on approval by the commissioner, to pay each school district an amount equal to the cost paid by the district for a certification examination under this section, including any costs paid for associated fingerprinting or criminal history record information review. Requires a district, to obtain reimbursement for a subsidy paid under this section, to:
(1) pay the costs described by this subsection, rather than pay the fee for the examination; and
(2) makes conforming changes to this subdivision;
SECTION 6.07. Amends Subchapter Z, Chapter 29, Education Code, by adding Section 29.9016, as follows:
Sec. 29.9016. MILITARY PATHWAY GRANT PROGRAM. (a) Requires TEA to establish a grant program to provide money to school districts to implement a program under which the district:
(1) establishes a Junior Reserve Officers' Training Corps program under 10 U.S.C. Section 2031 for students enrolled in high school in the district;
(2) annually administers the Armed Services Vocational Aptitude Battery test to each student participating in the program described by Subdivision (1); and
(3) provides college and career counseling at least once per year to each student administered the Armed Services Vocational Aptitude Battery test under Subdivision (2) based on the results of the test.
(b) Provides that the amount of each grant awarded under the grant program is $50,000.
(c) Prohibits the total amount of grants awarded under the grant program for a school year from exceeding $2 million.
SECTION 6.08. Amends Section 29.912, Education Code, by adding Subsection (c-1) and amending Subsection (j), as follows:
(c-1) Authorizes a school district that has participated in the program to continue to participate in the program regardless of the number of students in average daily attendance in the district for the current school year.
(j) Requires the commissioner to make grants available for use by a coordinating entity for a two-year period to assist with costs associated with the planning, development, establishment, or expansion, as applicable, of partnerships under the program using money appropriated for that purpose, rather than a portion of state funds allocated under Section 48.118 as well as money appropriated for that purpose, federal funds, and any other funds available. Prohibits the total amount of grants awarded under this subsection for a school year from exceeding $5 million.
SECTION 6.09. Amends Section 33.007, Education Code, by amending Subsection (b) and adding Subsection (d), as follows:
(b) Requires that the information provided by a school counselor about postsecondary education include information regarding:
(1) the importance of postsecondary education, including career readiness and workforce training opportunities;
(2)-(9) makes no changes to these subdivisions;
(10)-(11) makes nonsubstantive changes to these subdivisions;
(12) opportunities to complete career training and obtain a postsecondary credential while enrolled in high school, whether at the student's campus, another campus in the school district or open-enrollment charter school, or an educational institution that partners with the district or school, including information regarding program costs, program completion rates, and the average wages of students who complete the program; and
(13) the outcomes of graduates from the campus and school district or open-enrollment charter school in which the student is enrolled, including completion rates and average wages based on postsecondary pathways available to those graduates at the campus, district, or school using data posted under Section 7.0405(a).
(d) Requires TEA to make available to school counselors an annual online training regarding statewide trends identified in the data posted under Section 7.0405(a). Requires that the training include information to assist school counselors in identifying the postsecondary outcomes for students at the counselor's campus and school district or open-enrollment charter school for purposes of performing the counselor's duties under this section.
SECTION 6.10. Amends the heading to Section 39.0261, Education Code, to read as follows:
Sec. 39.0261. COLLEGE PREPARATION AND CAREER READINESS ASSESSMENTS.
SECTION 6.11. Amends Section 39.0261(a), Education Code, as follows:
(a) Provides that, in addition to the assessment instruments otherwise authorized or required by Subchapter B (Assessment of Academic Skills), high school students in the spring of the 11th grade or during the 12th grade are authorized to select and take once, at state cost, certain assessments, including a nationally recognized career readiness assessment instrument that measures foundational workforce skills approved by commissioner rule. Makes nonsubstantive changes.
SECTION 6.12. Amends Section 39.053, Education Code, by amending Subsections (a), (c), and (f) and adding Subsections (c-4), (f-1), (f-2), (f-3), and (f-4), as follows:
(a) Provides that the commissioner periodically is required to review the indicators adopted under this subsection for consideration of appropriate revisions and authorized, if the commissioner determines an indicator otherwise required under this subchapter is not valid or reliable, to exclude the indicator from the set of indicators adopted under Section 39.053 (Performance Indicators: Achievement).
(c) Requires school districts and campuses to be evaluated based on three domains of indicators of achievement adopted under this section that include:
(1) in the student achievement domain, indicators of student achievement that are required to include:
(A) makes no changes to this paragraph;
(B) for evaluating the performance of high school campuses and districts that include high school campuses, indicators that account for:
(i)-(iii) makes no changes to these subparagraphs;
(iv) students who demonstrate military readiness:
(a) through verified enlistment in, rather than who enlist in, the armed forces of the United States or the Texas National Guard; or
(b) by achieving a passing score set by the commissioner on the Armed Services Vocational Aptitude Battery Test and successfully completing a Junior Reserve Officers' Training Corps program established under 10 U.S.C. Section 2031; and
(v)-(xiii) makes no changes to these subparagraphs; and
(2) makes no changes to this subdivision; and
(3) in the closing the gaps domain, the use of disaggregated data to demonstrate the differentials among students from different racial and ethnic groups and socioeconomic backgrounds, rather than from different racial groups, socioeconomic backgrounds, and certain other factors.
(c-4) Requires TEA to study the college, career, and military readiness indicators adopted under Subsection (c) to determine the correlation of each indicator with postsecondary success, including the correlation of industry certifications with wages and available jobs. Requires that the value assigned to each indicator be based on the strength of the indicator's correlation with successful outcomes and updated in accordance with Subsection (f-1).
(f) Provides that, annually, the commissioner is required to define and authorized to modify the state standards for each indicator, rather than the state standard for each achievement indicator adopted under Subchapter C (Accreditation), in consultation with educators, parents, and business and industry representatives, as necessary. Requires the commissioner to increase the rigor by which the commissioner determines the overall performance ratings under Section 39.054(a), rather than requires the commissioner to establish and modify standards, to continuously improve student performance to, not later than the 15th year after the date the commissioner modifies the performance standards under Subsection (f-1), achieve the goals of eliminating achievement gaps based on race, ethnicity, and socioeconomic status and ensuring this state ranks nationally, rather than is a national leader, in the top five states in preparing students for postsecondary success and on the National Assessment of Educational Progress or its successor assessment. Makes nonsubstantive changes.
(f-1) Requires the commissioner, beginning with the indicators adopted for the 2027�2028 school year and as required to meet the goals under Subsection (f), to increase the scores needed to achieve performance standards on indicators adopted under this subchapter only every fifth school year unless an indicator adopted under Subsection (c) requires adjustment before that school year to ensure consistency of performance standards.
(f-2) Requires the commissioner to report, to the extent practicable, for each of the two school years preceding a school year the commissioner increases a score under Subsection (f-1), in a manner that can be reviewed by school administrators, the overall performance of school districts and campuses under that increased score.
(f-3) Requires the commissioner, in reporting the performance of school districts and campuses on indicators adopted under this subchapter for a school year in which the score needed to achieve performance standards on one or more of those indicators was increased under Subsection (f-1), to include in the report an informational report on the performance of districts and campuses during the preceding school year under the increased score.
(f-4) Authorizes the commissioner, notwithstanding Subsection (f), to define state standards for an indicator adopted under this subchapter for multiple school years provided that the commissioner annually affirms that those standards are applicable to the current school year. Provides that the commissioner is not required to adopt the affirmation described by this subsection by rule.
SECTION 6.13. Amends Subchapter C, Chapter 39, Education Code, by adding Section 39.0531 to read as follows:
Sec. 39.0531. INDUSTRY CERTIFICATION LIST. (a) Requires TEA to maintain a list of industry certifications that are eligible for purposes of Section 39.053(c)(1)(B)(v) (relating to students who earn industry certification). Requires TEA, in developing the list, to consider the inventory of industry-recognized certifications developed under Section 312.003, Labor Code. Requires that the certifications meet certain criteria.
(b) Requires TEA to review the eligibility of industry certifications under Subsection (a), including whether the programs of study for those certifications still meet the requirements under that subsection in consultation with the advisory council established under Chapter 312 (Industry-Based Certification Advisory Council), Labor Code, and to the extent practicable, concurrently with the modification of performance standards under Section 39.053(f-1).
(c) Requires TEA, if after reviewing an industry certification under Subsection (b), TEA determines the certification is no longer eligible for purposes of Section 39.053(c)(1)(B)(v) and should be removed from the list maintained under Subsection (a), to the extent practicable, to post on TEA's Internet website information regarding the removal of the certification not later than two years before the date TEA intends to remove the certification from the list.
(d) Authorizes a school district, during the three years following an agency's determination under Subsection (c) that an industry certification is no longer eligible for purposes of Section 39.053(c)(1)(B)(v), to receive the benefit of achievement indicators based on that industry certification for purposes of Section 39.053(c) only for a cohort of students who were participating in the program of study aligned with that certification during the school year the agency determines the certification is no longer eligible and earn the certification within the three-year period.
SECTION 6.14. Amends Section 45.105(c), Education Code, as follows:
(c) Authorizes local school funds from district taxes, tuition fees of students not entitled to a free education, other local sources, and state funds not designated for a specific purpose to be used for certain purposes, including providing advising support as described by Section 48.0035(1).
SECTION 6.15. Amends Subchapter A, Chapter 48, Education Code, by adding Section 48.0035, as follows:
Sec. 48.0035. USE OF FUNDING FOR CERTAIN PURPOSES. Authorizes a school district to use funding to which the district is entitled under this chapter to:
(1) provide district graduates, during the first two years after high school graduation, advising support toward the successful completion of a certificate or degree program at a public institution of higher education or a postsecondary vocational training program; and
(2) educate a student who has graduated from high school but is enrolled in the district in a program through which the student may earn dual credit, including the Pathways in Technology Early College High School (P-TECH) program under Subchapter N (Pathways in Technology Early College High School (P-TECH) Program), Chapter 29, and the Rural Pathway Excellence Partnership (R-PEP) program under Section 29.912 (Rural Pathway Excellence Partnership (R-PEP) Program).
SECTION 6.16. Amends Section 48.106, Education Code, by amending Subsection (a-1) and adding Subsections (a-2) and (a-3), as follows:
(a-1) Provides that, in addition to the amounts under Subsection (a) (relating to establishing the annual allotment amount), for each student in average daily attendance enrolled in a campus designated as a P-TECH school under Section 29.556 (P-TECH School Designation and Grant Program), a district is entitled to $150, rather than $50 for each of certain campuses in which the student is enrolled.
(a-2) Provides that a district is entitled to funding under Subsection (a-1) for a student who has graduated from high school but is enrolled in the district in a program offered under Subchapter N, Chapter 29, through which the student may earn dual credit. Provides that the district is not entitled to any other funding under this chapter for a student described by this subsection.
(a-3) Prohibits the total amount that is authorized to be used to provide allotments under Subsection (a) for courses described by Subsection (b)(1)(A)(ii) (relating to defining "approved career and technology education program") for a school year, notwithstanding Subsection (a), from exceeding $20 million. Requires the commissioner, if the total amount of allotments to which school districts are entitled under Subsection (a) for those courses for a school year exceeds the amount permitted under this subsection, to proportionately reduce each district's allotment under Subsection (a).
SECTION 6.17. Amends Sections 48.106(b)(1) and (1-a), Education Code, to redefine "approved career and technology education program" and "approved program of study."
SECTION 6.18. Amends Section 48.118, Education Code, by adding Subsection (a-3) and amending Subsection (f), as follows:
(a-3) Authorizes a school district described by Section 29.912(c-1), notwithstanding Subsection (a) (relating to establishing the daily allotment to which a district is entitled), to receive funding under this section for up to 110 percent of the number of students who qualified under Subsection (a) for the school year immediately preceding the school year in which the district's enrollment first reached 1,600 or more.
(f) Prohibits the total amount of state funding for allotments and outcomes bonuses under Section 48.118 (Rural Pathway Excellence Partnership (R-PEP) Allotment and Outcomes Bonus) from exceeding $20 million, rather than $5 million, per year. Deletes existing text requiring TEA, if the total amount of allotments and outcome bonuses to which school districts are entitled under this section exceeds the amount permitted under this subsection, to allocate state funding to districts under this section to allotments under Subsection (a) for which school districts participating in partnerships prioritized under Section 29.912(h) are eligible. Makes nonsubstantive changes.
SECTION 6.19. Amends Section 48.152(a)(2), Education Code, to redefine "new instructional facility."
SECTION 6.20. Amends Section 48.152(f), Education Code, as follows:
(f) Prohibits the amount appropriated for allotments under Section 48.152 (New Instructional Facility Allotment) from exceeding $150 million, rather than $100 million, in a school year. Provides that, if the total amount of allotments to which districts are entitled under this section for a school year exceeds the amount appropriated under this subsection, the commissioner:
(1) creates this subdivision from existing text and makes a nonsubstantive change; and
(2) for new instructional facilities described by Subsection (a)(2)(D) (relating to defining "new instructional facility"), is authorized to remove a career and technology education program from the list of programs that qualify under that subsection.
SECTION 6.21. Amends the heading to Section 48.155, Education Code, to read as follows:
Sec. 48.155. COLLEGE PREPARATION AND CAREER READINESS ASSESSMENT REIMBURSEMENT.
SECTION 6.22. Amends Section 48.156, Education Code, as follows:
Sec. 48.156. CERTIFICATION EXAMINATION REIMBURSEMENT. (a) Creates this subsection from existing text. Provides that a school district is entitled to reimbursement for the amount of a subsidy paid by the district for not more than two certification examinations per student, rather than a student's certification, under Section 29.190(a), including costs paid for associated fingerprinting or criminal history record information review, as provided by Section 29.190(c).
(b) Prohibits the total amount that is authorized to be used for reimbursement under that subsection for a school year, notwithstanding Subsection (a), from exceeding $15 million, of which not more than $500,000 is authorized to be used to reimburse the costs of fingerprinting or criminal history record information review. Requires the commissioner, if the total amount to which school districts are entitled under Subsection (a) exceeds the amount permitted under this subsection, to proportionately reduce each school district's entitlement under this section.
SECTION 6.23. (a) Provides that this
section takes effect only if S.B. 1786, 89th Legislature,
Regular Session, 2025, becomes law.
(b) Amends Section 204.0025, Labor Code, as follows:
Sec. 204.0025. ADDITIONAL WORKFORCE DATA REPORTING. Requires the Texas Workforce Commission (TWC) to work with employers, rather than it is the intent of the legislature that TWC, subject to the availability of federal funding or other resources for the purpose, work with employers, to enhance the reporting of employment and earnings data by employers to TWC as part of an employer's routine wage filings under Subtitle A (Texas Unemployment Compensation Act) or TWC rule and consistent with federal law and regulations. Requires that the enhanced wage filings include information related to wage, industry, occupational field, full-time and part-time status, county of primary employment, remote work status, and other important employment information necessary to conduct the assessment required under Section 302.0205, rather than related to occupation and other important employment information that would improve the state's labor market information.
SECTION 6.24. (a) Provides that this section takes effect only if S.B. 1786, 89th Legislature,
Regular Session, 2025, does not become law.
(b) Amends Section 204.0025, Labor Code, as follows:
Sec. 204.0025. ADDITIONAL WORKFORCE DATA REPORTING. Requires TWC to work with employers, rather than it is the intent of the legislature that TWC, subject to the availability of federal funding or other resources for the purpose, work with employers, to enhance the reporting of employment and earnings data by employers to TWC as part of an employer's routine wage filings under this subtitle or TWC rule and consistent with federal law and regulations. Requires that the enhanced wage filings include information related to wage, industry, occupational field, full-time and part-time status, county of primary employment, remote work status, and other important employment information, rather than related to occupation and other employment information, that would improve the state's labor market information.
SECTION 6.25. Amends the heading to Sections 312.003, Labor Code, to read as follows:
Sec. 312.003. INVENTORY OF CERTIFICATIONS.
SECTION 6.26. Amends Sections 312.003(a), (b), (c), and (d), Labor Code, as follows:
(a) Requires the industry-based certification advisory council (advisory council) to develop an inventory of industry-recognized certifications, rather than credentials and certificates, that may be earned by a public high school student through a career and technology education program and that meet certain criteria, including meeting the requirements of Section 39.0531(a), Education Code.
(b) Makes conforming changes to this subsection.
(c) Authorizes the advisory council, in developing the inventory, to consult with certain entities, including TEA.
(d) Makes a conforming change to this subsection.
SECTION 6.27. Repealer: Section 29.912(h) (relating to requiring the commissioner to give priority to certain partnerships), Education Code.
SECTION 6.28. Requires TEA to first update the statewide goal for career readiness created under Section 7.043(a), Education Code, as added by this article, in accordance with Subsection (b) of that section not later than the 2028�2029 school year.
SECTION 6.29. Provides that Sections 28.0095(c-1) and 29.9016, Education Code, as added by this article, and Sections 29.190, 29.912, 33.007(b), and 39.0261(a), Education Code, as amended by this article, apply beginning with the 2025�2026 school year.
SECTION 6.30. Provides that to the extent of any conflict between the changes made to the Education Code by this article and the changes made to the Education Code by another Act of the 89th Legislature, Regular Session, 2025, the changes made by this article prevail.
SECTION 6.31. Provides that the changes in law made by Section 39.053, Education Code, as amended by this article, and Section 39.0531, Education Code, as added by this article, apply to accountability ratings beginning with the 2027�2028 school year.
SECTION 6.32. (a) Effective date, except as provided by Subsection (b) of this section and as otherwise provided by this article: upon passage or September 1, 2025.
(b) Effective date, the amendments by this article to Chapter 48, Education Code: September 1, 2025.
ARTICLE 7. CHANGES RELATED TO PUBLIC EDUCATION AND PUBLIC SCHOOL FINANCE
SECTION 7.01. Amends Subchapter C, Chapter 7, Education Code, by adding Section 7.0611, as follows:
Sec. 7.0611. FACILITY USAGE REPORT. (a) Defines "instructional facility."
(b) Requires TEA by rule to require each school district to annually report certain information in the form and manner prescribed by TEA.
(c) Requires TEA, from the information submitted under Subsection (b), to produce and make available to the public on TEA's Internet website an annual report on school district land and facilities. Authorizes TEA to combine the report required under this section with any other required report to avoid multiplicity of reports.
(d) Provides that, if TEA determines information provided under Subsection (b) would create a security risk, such information is considered confidential for purposes of Chapter 552, Government Code, and is prohibited from being disclosed in the annual report under Subsection (c).
(e) Authorizes the commissioner to adopt rules as necessary to implement this section. Authorizes the commissioner, in adopting rules for determining the student capacity of a school district or district campus, to consider the staffing, student-teacher ratio, and facility capacity of the district or campus.
SECTION 7.02. Amends Section 12.106, Education Code, by amending Subsections (a), (a-2), (d), (e), and (f) and adding Subsections (e-1), (e-2), and (f-1), as follows:
(a) Provides that a charter holder is entitled to receive for the open-enrollment charter school funding under Chapter 48 (Foundation School Program) equal to the amount of funding per student in weighted average daily attendance to which the charter holder would be entitled for the school under that chapter if the school were a school district without a tier one local share for purposes of Section 48.266 (Distribution of Foundation School Fund), excluding:
(1) creates this subdivision from existing text and makes a nonsubstantive change;
(2) creates this subdivision from existing text; the funding under Sections 48.101 (Small and Mid-Sized District Allotment) and 48.111 (Fast Growth Allotment); and
(3) creates this subdivision from existing text; enrichment funding under Section 48.202(a) (relating to providing that each school district is guaranteed a specified amount per weighted student in state and local funds).
Deletes existing text providing that a charter holder is entitled to receive for the open-enrollment charter school funding under Chapter 48 equal to the amount of funding per student in weighted average daily attendance, excluding the funding under Sections 48.110 (College, Career, or Military Readiness Outcomes Bonus) and 48.112 (Teacher Incentive Allotment), and enrichment funding under Section 48.202(a), to which the charter holder would be entitled for the school under Chapter 48 if the school were a school district without a tier one local share for purposes of Section 48.266. Makes nonsubstantive changes.
(a-2) Provides that, in addition to the funding provided by Subsection (a), a charter holder is entitled to receive for the open-enrollment charter school an allotment per student in average daily attendance in an amount equal to the difference between certain amounts, including $300, rather than $125.
(d) Provides that, subject to Subsections (e) and (e-2), in addition to other amounts provided by Section 12.106 (State Funding), a charter holder is entitled to receive, for the open-enrollment charter school, an annual allotment per student in average daily attendance equal to the lesser of:
(1) the state average interest and sinking fund tax rate imposed by school districts for the current year multiplied by the guaranteed level of state and local funds per student per cent of tax effort under Section 46.032(a); or
(2) the maximum amount of the basic allotment provided under Section 48.051 (Basic Allotment) for the applicable school year multiplied by 0.07.
Deletes existing text providing that, subject to Subsection (e), in addition to other amounts provided by this section, a charter holder is entitled to receive, for the open-enrollment charter school, funding per student in average daily attendance in an amount equal to the guaranteed level of state and local funds per student per cent of tax effort under Section 46.032(a) multiplied by the lesser of certain rates, including a rate that would result in a total amount to which charter schools are entitled under this subsection for the current year equal to $60 million. Makes a nonsubstantive change.
(e) Provides that a charter holder, subject to Subsection (e-1), is not entitled to receive funding under Subsection (d) for an open-enrollment charter school if the school has been assigned:
(1) an unacceptable performance rating, under Subchapter C (Accreditation), Chapter 39 (Public School System Accountability), for the two preceding school years;
(2) a financial accountability performance rating under Subchapter D (Financial Accountability), Chapter 39, indicating a financial performance lower than satisfactory for the two preceding school years; or
(3) any combination of the ratings described by Subdivisions (1) and (2) for the two preceding school years.
Deletes existing text providing that a charter holder is entitled to receive funding under Subsection (d) only if the most recent overall performance rating assigned to the open-enrollment charter school under Subchapter C, Chapter 39, reflects at least acceptable performance. Makes nonsubstantive changes.
(e-1) Creates this subsection from existing text. Provides that Subsection (e) does not apply to a charter holder during the first two years of the applicable open-enrollment charter school's operation or that operates a school program located at a day treatment facility, residential treatment facility, psychiatric hospital, or medical hospital. Makes nonsubstantive changes.
(e-2) Provides that a charter holder is entitled to receive funding under Subsection (d) for an open-enrollment charter school only if the governing body of the school annually certifies in writing to TEA that none of the following derives any financial benefit from a real estate transaction with the school:
(1) an administrator, officer, or employee of the school;
(2) a member of the governing body of the school or its charter holder; or
(3) a person related within the third degree by consanguinity or second degree by affinity, as determined under Chapter 573, Government Code, to a person described by Subdivision (1) or (2).
(f) Provides that funds received by a charter holder under Subsection (d):
(1) notwithstanding any other law, are prohibited from being used to pay a salary, bonus, stipend, or any other form of compensation to a school superintendent or administrator serving as educational leader and chief executive officer of the school; and
(2) are authorized to only be used for certain purposes, including paying debt service on bonds issued for a purpose for which a school district is authorized to issue bonds under Section 45.001(a)(1) or to pay for a purchase for which a school district is authorized to issue bonds under that section, rather than to finance an instructional facility.
Makes nonsubstantive changes to this subsection.
(f-1) Requires the governing body of an open-enrollment charter school to comply with Chapter 551 (Open Meetings), Government Code, when considering the issuance of bonds.
SECTION 7.03. Amends Section 29.054, Education Code, by adding Subsection (e), as follows:
(e) Authorizes TEA, notwithstanding Section 29.066(c) (relating to requiring that a student be classified as no bilingual education or special language services provided if the district has received a waiver and is not required to offer those services), to require, for purposes of implementing Section 48.105, a school district that is granted an exception under Section 29.054 (Exception) to include in the district's Public Education Information Management System (PEIMS) report additional information specified by TEA and relating to the alternative language education methods used by the district and classify the alternative language education methods used by the district under the Public Education Information Management System (PEIMS) report as specified by TEA.
SECTION 7.04. Amends Subchapter Z, Chapter 29, Education Code, by adding Section 29.940, as follows:
Sec. 29.940. FEDERAL GRANT ADMINISTRATION. Requires TEA, for a federal grant program under which TEA oversees and administers services to nonpublic schools, to follow federal disposition rules and procedures to dispose of equipment or supplies that are unused or no longer needed and were previously allocated to nonpublic schools participating in the grant program.
SECTION 7.05. Amends Subchapter A, Chapter 48, Education Code, by adding Section 48.011, as follows:
Sec. 48.011. COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED CONSEQUENCES. (a) Authorizes the commissioner, subject to Subsection (b), as necessary to implement changes made by the legislature to public school finance, including under this chapter or Chapter 45 (School District Funds), 46 (Assistance with Instructional Facilities and Payment of Existing Debt), or 49 (Options for Local Revenue Levels in Excess of Entitlement), and school district ad valorem taxes:
(1) adjust a school district's entitlement under this chapter if the funding formulas used to determine the district's entitlement result in an unanticipated loss, gain, or other result for a school district; and
(2) modify dates relating to the adoption of a school district's maintenance and operations tax rate and, if applicable, an election required for the district to adopt that tax rate.
(b) Requires the commissioner, before making an adjustment under Subsection (a), to notify and receive approval from the LBB and the Office of the Governor.
(c) Require the commissioner, if the commissioner makes an adjustment under Subsection (a), to provide to the legislature an explanation regarding the changes necessary to resolve the unintended consequences.
(d) Provides that this section expires September 1, 2027.
SECTION 7.06. Amends Subchapter A, Chapter 48, Education Code, by adding Section 48.014, as follows:
Sec. 48.014. NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE FOR INVALID PROPERTY VALUES. (a) Provides that this section applies only to a school district located in an appraisal district in which the Comptroller of Public Accounts of the State of Texas (comptroller) has certified the preliminary findings of the school district property value study under Section 403.302(g) (relating to requiring the comptroller to publish preliminary findings, listing values by district, before February 1 of the year following the year of the study), Government Code, and determined that a school district located in the appraisal district has an invalid local value, regardless of whether the district meets the definition of an eligible school district under Section 403.3011 (Definitions), Government Code.
(b) Requires the commissioner, for each school district to which this section applies and as soon as practicable after the comptroller has certified the preliminary findings of the school district property value study under Section 403.302(g), Government Code, to provide notice to the board of trustees of the district that includes information regarding the impact or possible impact of a final certification of an invalid local value on the district's finances, including an estimate of the effect on the district's finances and any right of recourse available to the district.
(c) Requires each school district to annually report to TEA contact information for the members of the district's board of trustees for purposes of receiving the notice under this section.
(d) Requires the commissioner to coordinate with the comptroller to provide copies of the notice under this section to the board of directors of each applicable appraisal district.
SECTION 7.07. Amends Section 48.051(a), Education Code, as follows:
(a) Provides that, for each student in average daily attendance, not including the time students spend each day in career and technology education programs or in special education programs in a setting other than a general education setting, rather than in an instructional arrangement other than mainstream of career and technology education programs, for which an additional allotment is made under Subchapter C, a school district is entitled to an allotment equal to the lesser of the amounts that result from certain formulas. Amends the formulas to include the guaranteed yield increment adjustment determined under Section 48.2561. Defines "GYIA."
SECTION 7.08. Amends Section 48.101, Education Code, to redefine "ADA" and to set forth the formulas required by the annual allotments to which small and mid-sized districts are entitled.
SECTION 7.09. Amends Section 48.105, Education Code, by adding Subsections (a-1) and (a-2) and amending Subsection (b), as follows:
(a-1) Requires TEA to review school districts that offer alternative language education methods approved by the agency under Section 29.054(d) and approve districts to receive the allotment under Subsection (a-2) for that biennium in a manner that provides not more than $10 million total under the allotment to school districts in each biennium. Requires TEA, in approving school districts to receive the allotment under this subsection, to the extent possible, to approve eligible school districts from a cross-section of this state.
(a-2) Provides that, for each student in average daily attendance in an alternative language education method approved by TEA under Section 29.054(d), and offered by a school district approved to receive the allotment under Subsection (a-1), the district is entitled to an annual allotment equal to the basic allotment multiplied by:
(1) 0.15 for an emergent bilingual student, as defined by Section 29.052, if the student is in an alternative language education method using a dual language immersion/one-way or two-way program model; and
(2) 0.05 for a student not described by Subdivision (1), if the student is in an alternative language education method using a dual language immersion/one-way or two-way program model.
(b) Provides that a district's bilingual education or special language allocation is authorized to be used only for program and student evaluation, instructional materials and equipment, staff development, supplemental staff expenses, teacher salaries, rather than salary supplements for teachers, incremental costs associated with providing smaller class sizes, and other supplies required for quality instruction.
SECTION 7.10. Amends Section 48.115(a), Education Code, as follows:
(a) Provides that, except as provided by Subsection (a-1) (relating to providing that a school district campus that provides only virtual instruction or utilizes only facilities not subject to the district's control is not included for purposes of determining a school district's allotment), a school district is entitled to an annual allotment equal to the sum of the following amounts or a greater amount provided by appropriation:
(1) $20, rather than $10, for each student in average daily attendance, plus $1 for each student in average daily attendance per every $50 by which the district's maximum basic allotment under Section 48.051 exceeds $6,160, prorated as necessary; and
(2) $34,000, rather than $15,000, per campus.
SECTION 7.11. Amends Section 48.202, Education Code, as follows:
(a-1) Provides that, for purposes of Subsection (a) (relating to providing that each school district is guaranteed a certain specified amount per weighted student in state and local funds), the dollar amount guaranteed level of state and local funds per weighted student per cent of tax effort ("GL") for a school district is:
(1) the amount that results from multiplying the maximum amount of the basic allotment provided under Section 48.051 for the applicable school year by 0.02084, for the first eight cents by which the district's maintenance and operations tax rate exceeds the district's tier one tax rate; and
(2) the amount that results from multiplying the maximum amount of the basic allotment provided under Section 48.051 for the applicable school year by 0.008, for the district's maintenance and operations tax effort that exceeds the amount of tax effort described by Subdivision (1).
Deletes existing text providing that for purposes of Subsection (a), the dollar amount guaranteed level of state and local funds per weighted student per cent of tax effort ("GL") for a school district is the greater of certain amounts and, subject to Subsection (f) (relating to requiring a school district, under certain circumstances, to reduce the district's tax rate for the tax year that corresponds that school year to a certain rate), the amount that results from multiplying $6,160, or the greater amount provided under Section 48.051(b), if applicable, by 0.008, for the district's maintenance and operations tax effort that exceeds the amount of tax effort described by Subdivision (1).
(e-2) Provides that, for purposes of this section, the total amount of maintenance and operations taxes collected by a school district not required to reduce its local revenue level under Section 48.257 includes the amount of tax revenue received from a county-wide equalization tax.
SECTION 7.12. Amends Subchapter F, Chapter 48, Education Code, by adding Section 48.2561, as follows:
Sec. 48.2561. GUARANTEED YIELD INCREMENT ADJUSTMENT. (a) Requires TEA, not later than October 1 of each even-numbered year, for the subsequent state fiscal biennium, to determine the amount of the guaranteed yield increment adjustment for each state fiscal year of the biennium. Provides that the amount of the guaranteed yield increment adjustment is the difference between:
(1) the estimated cost to the state of maintaining the guaranteed level of state and local funds per weighted student per cent of tax effort under Section 48.202(a-1)(1) at the 96th percentile of wealth per weighted student for each year of the biennium; and
(2) the state cost of maintaining the guaranteed level of state and local funds per weighted student per cent of tax effort at the amount provided by Section 48.202(a-1)(1).
(b) Provides that, notwithstanding Subsection (a), the amount of the guaranteed yield increment adjustment for each state fiscal year of the state fiscal biennium beginning September 1, 2025, is $55. Provides that this subsection expires September 1, 2027.
SECTION 7.13. Amends Section 48.266, Education Code, by amending Subsection (b) and adding Subsection (b-1), as follows:
(b) Requires the commissioner, except as provided by this subsection and subject to Subsection (b-1), to base the determinations under Subsection (a) (relating to requiring the commissioner, for each school year, to determine certain amounts of funding) on certain estimates.
(b-1) Requires the commissioner, periodically throughout the school year, to adjust the determinations made under Subsection (a) to reflect current school year estimates of a district's enrollment and average daily attendance, based on attendance reporting for each six-week interval.
SECTION 7.14. Amends Section 48.283, Education Code, as follows:
Sec. 48.283. ADDITIONAL STATE AID FOR CERTAIN DISTRICTS IMPACTED BY COMPRESSION. Provides that a school district that received an adjustment under Section 48.157(b) as that subsection existed on September 1, 2024, for the 2022�2023 school year is entitled to to additional state aid in an amount equal to the difference, if the difference is greater than zero, between:
(1) redesignates existing Subdivision (2) as Subdivision (1); the amount of state and local revenue that would have been available to the district under this chapter and Chapter 49 for the 2023�2024 or 2024�2025, rather than current, school year, as applicable, if the district's maximum compressed tax rate had not been reduced under Section 48.2555 (Maximum Compressed Tax Rate for 2023�2024 School Year), as added by S.B. 2, Acts of the 88th Legislature, 2nd Called Session, 2023; and
(2) the amount of state and local revenue available to the district under this chapter and Chapter 49 for the current school year.
Deletes existing text providing that a school district that received an adjustment under Section 48.257(b) for the 2022�2023 school year is entitled to additional state aid for each school year in an amount equal to the amount of that adjustment for the 2022�2023 school year less the difference, if the difference is greater than zero, between the amount to which the district is entitled under this chapter for the current school year and the amount to which the district would be entitled under this chapter for the current school year if the district's maximum compressed tax rate had not been reduced under Section 48.2555, as added by S.B. 2, Acts of the 88th Legislature, 2nd Called Session, 2023.
SECTION 7.15. Amends Subchapter F, Chapter 48, Education Code, by adding Section 48.284, as follows:
Sec. 48.284. ADDITIONAL STATE AID FOR REGIONAL INSURANCE COST DIFFERENTIALS. (a) Defines "catastrophe area" and "first tier coastal county."
(b) Provides that this section applies to a school district or open-enrollment charter school that has certain property located in a first tier coastal county or an area designated in 2024 as a catastrophe area, including the central administrative office of the district or school and a majority of campuses of the district or school.
(c) Provides that a school district or open-enrollment charter school to which this section applies is entitled to additional state aid for each student in adjusted average daily attendance in an amount equal to the difference between, for the 2023�2024 school year, or a different school year specified by appropriation:
(1) the total amount paid for property and casualty insurance by districts and schools in the county or catastrophe area described by Subsection (b) in which the district's or school's property is located divided by the total number of students in average daily attendance for all districts and schools in the county or catastrophe area; and
(2) the total amount paid for property and casualty insurance by districts and schools in the state divided by the total number of students in average daily attendance in the state.
(d) Provides that, for purposes of Subsection (c), the average daily attendance of a school district that qualifies for, or an open-enrollment charter school that if the school were a school district would qualify for, an allotment under Section 48.101 is the district's or school's average daily attendance multiplied by the sum of one and, for a school district, the district's annual allotment per student in average daily attendance under that section divided by the basic allotment or for an open-enrollment charter school, the school's allotment determined per student in average daily attendance under Section 12.106(a-2) divided by the basic allotment.
SECTION 7.16. Amends Section 26.08(n), Tax Code, to delete existing text including, for purposes of Section 26.08 (Automatic Election to Approve Tax Rate of School District), the greater of the district's enrichment tax rate for the preceding tax year, less any amount by which the district is required to reduce the district's enrichment tax rate under Section 48.202(f), Education Code, in the current tax year in the sum which is the voter-approval tax rate of a school district.
SECTION 7.17. Repealers: Sections 48.104(j-1) (relating to authorized uses of funds allocated under Section 48.104) and 48.104(k) (relating to requiring at least 55 percent of the funds allocated under Section 48.104 to be used for certain purposes), Education Code.
Repealers: Sections 48.104(l) (relating to requiring the commissioner to adopt rules regarding the use of funds described by Section 48.104(k)) and 48.104(m) (relating to requiring SBOE to adopt rules requiring a report on the use of funds described by Section 48.104(k)), Education Code.
Repealers: Sections 48.104(n) (relating to requiring the commissioner annually to review each report required under Section 48.104(m) for the preceding school year and to take additional actions) and 48.104(o) (relating to requiring the commissioner in the year following a certain determination under Section 48.104(n) to withhold certain funds), Education Code.
Repealer: Section 48.202(f) (relating to requiring a school district to reduce the district's tax rate in a certain manner for a school year in which "GL" exceeds "GL" of the preceding year), Education Code.
SECTION 7.18. Provides that, to the extent of any conflict between the changes made to the Education Code by this article and the changes made to the Education Code by another Act of the 89th Legislature, Regular Session, 2025, the changes made by this article prevail.
SECTION 7.19. Effective date, this article: September 1, 2025.