HB2 - Relating to public education and public school finance.

      H.B. No. 2         AN ACT   relating to public education and public school finance.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  TEACHER COMPENSATION          SECTION 1.01.  Section 21.3521, Education Code, is amended   by amending Subsections (a), (c), and (e) and adding Subsections   (c-1), (d-1), (d-2), and (d-3) to read as follows:          (a)  Subject to Subsection (b), a school district or   open-enrollment charter school may designate a classroom teacher as   a master, exemplary, [ or ] recognized , or acknowledged teacher for a   five-year period based on the results from single year or multiyear   appraisals that comply with Section 21.351 or 21.352.          (c)  Notwithstanding performance standards established   under Subsection (b) and subject to authorization under Section   21.3523 , a classroom teacher that holds a National Board   Certification issued by the National Board for Professional   Teaching Standards may be designated as nationally board certified   [ recognized ].           (c-1)     A classroom teacher's designation under Subsection   (c) is valid for a five-year period, regardless of whether the State   Board for Educator Certification subsequently revokes   authorization for a nationally board certified teacher designation   under Section 21.3523.           (d-1)     Each school year, the commissioner shall, using   criteria developed by the commissioner, designate as enhanced   teacher incentive allotment systems school districts and   open-enrollment charter schools that implement comprehensive   school evaluation and support systems. The criteria developed by   the commissioner must require a district or school to:                 (1)     for principals and assistant principals,   implement:                       (A)     a strategic evaluations system aligned with   the district's or school's teacher designation system; and                       (B)  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:                       (A)     uses a salary schedule that differentiates   among classroom teachers based on staff appraisals; and                       (B)     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).           (d-2)     The commissioner may 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 this section.           (d-3)     The commissioner may 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)  The agency shall develop and provide technical   assistance for school districts and open-enrollment charter   schools that request assistance in implementing a local optional   teacher designation system, including :                 (1)  providing assistance in prioritizing high needs   campuses ;                 (2)     providing examples or models of local optional   teacher designation systems to reduce the time required for a   district or school to implement a teacher designation system;                 (3)     providing examples or models of local optional   teacher designation systems that implement a teacher designation   system for teachers of special populations, including special   education and bilingual education;                 (4)     establishing partnerships between districts and   schools that request assistance and districts and schools that have   implemented a teacher designation system;                 (5)     applying the performance and validity standards   established by the commissioner under Subsection (b);                 (6)     providing centralized support for the analysis of   the results of assessment instruments administered to district   students; and                 (7)     facilitating effective communication on and   promotion of local optional teacher designation systems .          SECTION 1.02.  Subchapter H, Chapter 21, Education Code, is   amended by adding Sections 21.3522 and 21.3523 to read as follows:           Sec.   21.3522.     LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM   GRANT PROGRAM.     (a)     From funds appropriated or otherwise   available for the purpose, the agency shall establish and   administer a grant program to provide money and technical   assistance to:                 (1)     expand implementation of local optional teacher   designation systems under Section 21.3521; and                 (2)     increase the number of classroom teachers eligible   for a designation under that section.           (b)  A grant awarded under this section must:                 (1)  meet the needs of individual school districts; and                 (2)  enable regional leadership capacity.           (c)     The commissioner may adopt rules as necessary to   implement this section.           Sec.   21.3523.     REVIEW AND AUTHORIZATION OF NATIONALLY BOARD   CERTIFIED TEACHER DESIGNATION. (a) The State Board for Educator   Certification may 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).   If the board revokes   authorization, the board may at any time conduct a review under this   subsection to determine whether to reauthorize the nationally board   certified teacher designation.           (b)     A review under Subsection (a) must evaluate whether the   components and assessments required for a National Board   Certification align and comply with state law, including whether:                 (1)     earning a National Board Certification would   interfere with the certificate holder's ability to provide:                       (A)     instruction in the essential knowledge and   skills without using common core state standards, as defined by   Section 28.002;                       (B)     phonics instruction in accordance with   Section 28.0062 and without using three-cueing, as prohibited by   Subsection (a-1) of that section; or                       (C)  instruction in accordance with:                             (i)     the instructional requirements and   prohibitions under Section 28.0022; or                             (ii)  any other applicable state law; and                 (2)     the components and assessments align with the   criteria adopted by the State Board of Education under Section   31.022 for the approval of instructional materials.           (c)     Not later than December 31, 2026, the State Board for   Educator Certification shall 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).   If the board fails to reauthorize the   designation by that date, the authorization for the designation is   revoked.   This subsection expires September 1, 2027.          SECTION 1.03.  Subchapter I, Chapter 21, Education Code, is   amended by adding Section 21.417 to read as follows:           Sec.   21.417.     RESOURCES, INCLUDING LIABILITY INSURANCE, FOR   CLASSROOM TEACHERS. (a)     From funds appropriated or otherwise   available for the purpose, the agency shall contract with a third   party to provide the following services for a classroom teacher   employed under a probationary, continuing, or term contract:                 (1)     assistance in understanding the teacher's rights,   duties, and benefits; and                 (2)     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)     A school district may not interfere with a classroom   teacher's access to services provided under this section.           (c)     A contract entered into by the agency to provide   services under Subsection (a) must prohibit the entity with which   the agency contracts from using funds received under the contract   to engage in:                 (1)     conduct that a state agency using appropriated   money is prohibited from engaging in under Chapter 556, Government   Code; and                 (2)     political activities or advocate for issues   regarding public schools, including for boards of trustees of   school districts or school districts.           (d)     This section may not be 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.  The heading to Section 22.001, Education   Code, is amended to read as follows:          Sec. 22.001.  SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER   DUES.          SECTION 1.05.  Sections 22.001(a) and (b), Education Code,   are amended to read as follows:          (a)  A school district employee is entitled 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 . The employee must:                (1)  file with the district [Text truncated for display. Full text available on Congress.gov.]