HB362 - Relating to the assignment of public school students enrolled in certain school districts to an uncertified teacher.

  89R2461 AMF-F     By: Rosenthal H.B. No. 362       A BILL TO BE ENTITLED   AN ACT   relating to the assignment of public school students enrolled in   certain school districts to an uncertified teacher.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.056(e), Education Code, is amended to   read as follows:          (e)  Except as provided by Subsection (f), a school campus or   district may not receive an exemption or waiver under this section   from:                (1)  a prohibition on conduct that constitutes a   criminal offense;                (2)  a requirement imposed by federal law or rule,   including a requirement for special education or bilingual   education programs; or                (3)  a requirement, restriction, or prohibition   relating to:                      (A)  essential knowledge or skills under Section   28.002 or high school graduation requirements under Section 28.025;                      (B)  public school accountability as provided by   Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;                      (C)  extracurricular activities under Section   33.081 or participation in a University Interscholastic League   area, regional, or state competition under Section 33.0812;                      (D)  health and safety under Chapter 38;                      (E)  purchasing under Subchapter B, Chapter 44;                      (F)  elementary school class size limits, except   as provided by Section 25.112;                      (G)  removal of a disruptive student from the   classroom under Subchapter A, Chapter 37;                      (H)  at-risk programs under Subchapter C, Chapter   29;                      (I)  prekindergarten programs under Subchapter E,   Chapter 29;                      (J)  educator rights and benefits under   Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter   A, Chapter 22;                      (K)  special education programs under Subchapter   A, Chapter 29;                      (L)  bilingual education programs under   Subchapter B, Chapter 29; [ or ]                      (M)  the requirements for the first day of   instruction under Section 25.0811 ; or                       (N)     assignment of a student to a teacher under   Section 28.0215, except as provided by Subsection (c) of that   section .          SECTION 2.  Subchapter B, Chapter 28, Education Code, is   amended by adding Section 28.0215 to read as follows:           Sec.   28.0215.     REQUIREMENTS FOR ASSIGNMENT OF STUDENTS TO   TEACHERS. (a) This section applies only to a school district with   an enrollment of 5,000 or more students.           (b)     A student in first through sixth grade who attends an   elementary school may not be assigned for two consecutive school   years to a teacher teaching a subject in the foundation curriculum   under Section 28.002(a)(1) who   has less than one year of teaching   experience and who   does not hold the appropriate certificate   required under Section 21.003 unless:                 (1)     the student's parent or other person standing in   parental relation to the student and a school counselor or school   administrator agree otherwise regarding assignment of the student   to the teacher; or                   (2)     the assignment of the student to the teacher   occurs during the first year a student transfers into a school   district.           (c)     The commissioner may grant a waiver from the   requirements of this section to a school district if the   commissioner finds that extreme circumstances in the district   warrant the waiver. The commissioner may adopt rules as necessary   to implement this section.          SECTION 3.  This Act applies beginning with the 2025-2026   school year.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.