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               AN ACT
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            relating to public education and public school finance. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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            ARTICLE 1.  TEACHER COMPENSATION | 
         
         
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                   SECTION 1.01.  Section 21.3521, Education Code, is amended  | 
         
         
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            by amending Subsections (a), (c), and (e) and adding Subsections  | 
         
         
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            (c-1), (d-1), (d-2), and (d-3) to read as follows: | 
         
         
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                   (a)  Subject to Subsection (b), a school district or  | 
         
         
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            open-enrollment charter school may designate a classroom teacher as  | 
         
         
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            a master, exemplary, [or] recognized, or acknowledged teacher for a  | 
         
         
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            five-year period based on the results from single year or multiyear  | 
         
         
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            appraisals that comply with Section 21.351 or 21.352. | 
         
         
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                   (c)  Notwithstanding performance standards established  | 
         
         
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            under Subsection (b) and subject to authorization under Section  | 
         
         
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            21.3523, a classroom teacher that holds a National Board  | 
         
         
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            Certification issued by the National Board for Professional  | 
         
         
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            Teaching Standards may be designated as nationally board certified | 
         
         
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            [recognized]. | 
         
         
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                   (c-1)  A classroom teacher's designation under Subsection  | 
         
         
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            (c) is valid for a five-year period, regardless of whether the State  | 
         
         
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            Board for Educator Certification subsequently revokes  | 
         
         
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            authorization for a nationally board certified teacher designation  | 
         
         
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            under Section 21.3523. | 
         
         
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                   (d-1)  Each school year, the commissioner shall, using  | 
         
         
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            criteria developed by the commissioner, designate as enhanced  | 
         
         
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            teacher incentive allotment systems school districts and  | 
         
         
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            open-enrollment charter schools that implement comprehensive  | 
         
         
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            school evaluation and support systems.  The criteria developed by  | 
         
         
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            the commissioner must require a district or school to: | 
         
         
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                         (1)  for principals and assistant principals,  | 
         
         
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            implement: | 
         
         
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                               (A)  a strategic evaluations system aligned with  | 
         
         
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            the district's or school's teacher designation system; and | 
         
         
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                               (B)  a compensation system based on performance; | 
         
         
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                         (2)  ensure that under the district's or school's  | 
         
         
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            teacher designation system substantially all classroom teachers,  | 
         
         
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            regardless of the grade level or subject area to which the teacher  | 
         
         
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            is assigned, are eligible to earn a designation under Subsection  | 
         
         
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            (a); | 
         
         
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                         (3)  implement for all classroom teachers a  | 
         
         
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            compensation plan based on performance that: | 
         
         
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                               (A)  uses a salary schedule that differentiates  | 
         
         
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            among classroom teachers based on staff appraisals; and | 
         
         
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                               (B)  does not include across-the-board salary  | 
         
         
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            increases for classroom teachers except for periodic changes to the  | 
         
         
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            district's or school's salary schedule to adjust for significant  | 
         
         
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            inflation; and | 
         
         
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                         (4)  implement a locally designed plan to place highly  | 
         
         
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            effective teachers at high needs campuses and in accordance with  | 
         
         
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            Section 28.0062(a)(3). | 
         
         
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                   (d-2)  The commissioner may designate a school district or  | 
         
         
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            open-enrollment charter school as an enhanced teacher incentive  | 
         
         
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            allotment system under Subsection (d-1) only if the district or  | 
         
         
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            school has implemented a local optional teacher designation system  | 
         
         
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            under this section. | 
         
         
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                   (d-3)  The commissioner may remove a school district's or  | 
         
         
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            open-enrollment charter school's designation under Subsection  | 
         
         
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            (d-1) if the commissioner determines the district or school no  | 
         
         
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            longer meets the criteria for the designation. | 
         
         
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                   (e)  The agency shall develop and provide technical  | 
         
         
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            assistance for school districts and open-enrollment charter  | 
         
         
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            schools that request assistance in implementing a local optional  | 
         
         
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            teacher designation system, including: | 
         
         
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                         (1)  providing assistance in prioritizing high needs  | 
         
         
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            campuses; | 
         
         
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                         (2)  providing examples or models of local optional  | 
         
         
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            teacher designation systems to reduce the time required for a  | 
         
         
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            district or school to implement a teacher designation system; | 
         
         
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                         (3)  providing examples or models of local optional  | 
         
         
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            teacher designation systems that implement a teacher designation  | 
         
         
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            system for teachers of special populations, including special  | 
         
         
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            education and bilingual education; | 
         
         
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                         (4)  establishing partnerships between districts and  | 
         
         
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            schools that request assistance and districts and schools that have  | 
         
         
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            implemented a teacher designation system; | 
         
         
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                         (5)  applying the performance and validity standards  | 
         
         
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            established by the commissioner under Subsection (b); | 
         
         
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                         (6)  providing centralized support for the analysis of  | 
         
         
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            the results of assessment instruments administered to district  | 
         
         
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            students; and | 
         
         
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                         (7)  facilitating effective communication on and  | 
         
         
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            promotion of local optional teacher designation systems. | 
         
         
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                   SECTION 1.02.  Subchapter H, Chapter 21, Education Code, is  | 
         
         
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            amended by adding Sections 21.3522 and 21.3523 to read as follows: | 
         
         
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                   Sec. 21.3522.  LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM  | 
         
         
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            GRANT PROGRAM.  (a)  From funds appropriated or otherwise  | 
         
         
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            available for the purpose, the agency shall establish and  | 
         
         
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            administer a grant program to provide money and technical  | 
         
         
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            assistance to: | 
         
         
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                         (1)  expand implementation of local optional teacher  | 
         
         
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            designation systems under Section 21.3521; and | 
         
         
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                         (2)  increase the number of classroom teachers eligible  | 
         
         
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            for a designation under that section. | 
         
         
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                   (b)  A grant awarded under this section must: | 
         
         
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                         (1)  meet the needs of individual school districts; and | 
         
         
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                         (2)  enable regional leadership capacity. | 
         
         
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                   (c)  The commissioner may adopt rules as necessary to  | 
         
         
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            implement this section. | 
         
         
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                   Sec. 21.3523.  REVIEW AND AUTHORIZATION OF NATIONALLY BOARD  | 
         
         
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            CERTIFIED TEACHER DESIGNATION.  (a) The State Board for Educator  | 
         
         
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            Certification may periodically review National Board  | 
         
         
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            Certifications issued by the National Board for Professional  | 
         
         
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            Teaching Standards to determine whether to reauthorize or revoke  | 
         
         
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            authorization for the nationally board certified teacher  | 
         
         
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            designation under Section 21.3521(c).  If the board revokes  | 
         
         
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            authorization, the board may at any time conduct a review under this  | 
         
         
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            subsection to determine whether to reauthorize the nationally board  | 
         
         
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            certified teacher designation. | 
         
         
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                   (b)  A review under Subsection (a) must evaluate whether the  | 
         
         
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            components and assessments required for a National Board  | 
         
         
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            Certification align and comply with state law, including whether: | 
         
         
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                         (1)  earning a National Board Certification would  | 
         
         
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            interfere with the certificate holder's ability to provide: | 
         
         
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                               (A)  instruction in the essential knowledge and  | 
         
         
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            skills without using common core state standards, as defined by  | 
         
         
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            Section 28.002; | 
         
         
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                               (B)  phonics instruction in accordance with  | 
         
         
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            Section 28.0062 and without using three-cueing, as prohibited by  | 
         
         
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            Subsection (a-1) of that section; or | 
         
         
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                               (C)  instruction in accordance with: | 
         
         
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                                     (i)  the instructional requirements and  | 
         
         
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            prohibitions under Section 28.0022; or | 
         
         
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                                     (ii)  any other applicable state law; and | 
         
         
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                         (2)  the components and assessments align with the  | 
         
         
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            criteria adopted by the State Board of Education under Section  | 
         
         
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            31.022 for the approval of instructional materials. | 
         
         
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                   (c)  Not later than December 31, 2026, the State Board for  | 
         
         
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            Educator Certification shall conduct an initial review under  | 
         
         
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            Subsection (a) of National Board Certifications issued by the  | 
         
         
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            National Board for Professional Teaching Standards and reauthorize  | 
         
         
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            or revoke the nationally board certified teacher designation under  | 
         
         
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            Section 21.3521(c).  If the board fails to reauthorize the  | 
         
         
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            designation by that date, the authorization for the designation is  | 
         
         
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            revoked.  This subsection expires September 1, 2027. | 
         
         
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                   SECTION 1.03.  Subchapter I, Chapter 21, Education Code, is  | 
         
         
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            amended by adding Section 21.417 to read as follows: | 
         
         
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                   Sec. 21.417.  RESOURCES, INCLUDING LIABILITY INSURANCE, FOR  | 
         
         
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            CLASSROOM TEACHERS.  (a)  From funds appropriated or otherwise  | 
         
         
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            available for the purpose, the agency shall contract with a third  | 
         
         
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            party to provide the following services for a classroom teacher  | 
         
         
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            employed under a probationary, continuing, or term contract: | 
         
         
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                         (1)  assistance in understanding the teacher's rights,  | 
         
         
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            duties, and benefits; and | 
         
         
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                         (2)  liability insurance to protect a teacher against  | 
         
         
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            liability to a third party based on conduct that the teacher  | 
         
         
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            allegedly engaged in during the course of the teacher's duties. | 
         
         
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                   (b)  A school district may not interfere with a classroom  | 
         
         
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            teacher's access to services provided under this section. | 
         
         
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                   (c)  A contract entered into by the agency to provide  | 
         
         
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            services under Subsection (a) must prohibit the entity with which  | 
         
         
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            the agency contracts from using funds received under the contract  | 
         
         
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            to engage in: | 
         
         
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                         (1)  conduct that a state agency using appropriated  | 
         
         
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            money is prohibited from engaging in under Chapter 556, Government  | 
         
         
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            Code; and | 
         
         
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                         (2)  political activities or advocate for issues  | 
         
         
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            regarding public schools, including for boards of trustees of  | 
         
         
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            school districts or school districts. | 
         
         
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                   (d)  This section may not be interpreted to interfere with a  | 
         
         
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            classroom teacher's or other school district employee's exercise of  | 
         
         
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            a right protected by the First Amendment to the United States  | 
         
         
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            Constitution. | 
         
         
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                   SECTION 1.04.  The heading to Section 22.001, Education  | 
         
         
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            Code, is amended to read as follows: | 
         
         
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                   Sec. 22.001.  SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER | 
         
         
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            DUES. | 
         
         
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                   SECTION 1.05.  Sections 22.001(a) and (b), Education Code,  | 
         
         
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            are amended to read as follows: | 
         
         
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                   (a)  A school district employee is entitled to have an amount  | 
         
         
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            deducted from the employee's salary for membership fees or dues to a  | 
         
         
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            professional organization or an entity providing services to  | 
         
         
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            classroom teachers under Section 21.417.  The employee must: | 
         
         
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                         (1)  file with the district a signed written request  | 
         
         
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            identifying the organization or entity [and specifying the number  | 
         
         
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            of pay periods per year the deductions are to be made]; and | 
         
         
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                         (2)  inform the district of the total amount of the fees  | 
         
         
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            and dues for each year or have the organization or entity notify the  | 
         
         
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            district of the amount. | 
         
         
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                   (b)  The district shall deduct the total amount of the fees  | 
         
         
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            or dues for a year in equal amounts per pay period [for the number of  | 
         
         
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            periods specified by the employee].  The district shall notify the  | 
         
         
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            employee not later than the 45th day after the district receives a  | 
         
         
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            request under Subsection (a) of the number of pay periods annually  | 
         
         
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            from which the district will deduct the fees or dues.  The  | 
         
         
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            deductions shall be made until the employee requests in writing  | 
         
         
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            that the deductions be discontinued. | 
         
         
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                   SECTION 1.06.  Section 48.112, Education Code, is amended by  | 
         
         
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            amending Subsections (c), (d), and (i) and adding Subsection (g-1)  | 
         
         
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            to read as follows: | 
         
         
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                   (c)  For each classroom teacher with a teacher designation  | 
         
         
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            under Section 21.3521 employed by a school district, the school  | 
         
         
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            district is entitled to an allotment equal to the following  | 
         
         
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            applicable base amount increased by the high needs and rural factor  | 
         
         
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            as determined under Subsection (d): | 
         
         
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                         (1)  $12,000, or an increased amount not to exceed  | 
         
         
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            $36,000 [$32,000] as determined under Subsection (d), for each  | 
         
         
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            master teacher; | 
         
         
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                         (2)  $9,000 [$6,000], or an increased amount not to  | 
         
         
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            exceed $25,000 [$18,000] as determined under Subsection (d), for  | 
         
         
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            each exemplary teacher; [and] | 
         
         
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                         (3)  $5,000 [$3,000], or an increased amount not to  | 
         
         
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            exceed $15,000 [$9,000] as determined under Subsection (d), for  | 
         
         
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            each recognized teacher; and | 
         
         
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                         (4)  $3,000, or an increased amount not to exceed  | 
         
         
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            $9,000 as determined under Subsection (d), for each: | 
         
         
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                               (A)  acknowledged teacher; or | 
         
         
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                               (B)  nationally board certified teacher. | 
         
         
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                   (d)  The high needs and rural factor is determined by  | 
         
         
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            multiplying the following applicable amounts by the average of the  | 
         
         
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            point value assigned to each student at a district campus under  | 
         
         
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            Subsection (e): | 
         
         
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                         (1)  $6,000 [$5,000] for each master teacher; | 
         
         
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                         (2)  $4,000 [$3,000] for each exemplary teacher; [and] | 
         
         
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                         (3)  $2,500 [$1,500] for each recognized teacher; and | 
         
         
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                         (4)  $1,500 for each: | 
         
         
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                               (A)  acknowledged teacher; or | 
         
         
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                               (B)  nationally board certified teacher. | 
         
         
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                   (g-1)  For a district that is designated as an enhanced  | 
         
         
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            teacher incentive allotment system under Section 21.3521(d-1), the  | 
         
         
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            commissioner shall increase the amount to which the district is  | 
         
         
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            entitled under this section by multiplying that amount by 1.1. | 
         
         
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                   (i)  A district shall annually certify that: | 
         
         
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                         (1)  funds received under this section were used as  | 
         
         
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            follows: | 
         
         
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                               (A)  at least 90 percent of each allotment  | 
         
         
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            received under Subsection (c) was used for the compensation of  | 
         
         
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            teachers employed at the campus at which the teacher for whom the  | 
         
         
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            district received the allotment is employed; [and] | 
         
         
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                               (B)  for a district whose allotment was increased  | 
         
         
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            under Subsection (g-1), the amount by which the allotment was  | 
         
         
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            increased under that subsection was used to meet the criteria to  | 
         
         
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            maintain a designation as an enhanced teacher incentive allotment  | 
         
         
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            system under Section 21.3521(d-1); and | 
         
         
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                               (C)  any other funds received under this section  | 
         
         
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            were used for costs associated with implementing Section 21.3521,  | 
         
         
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            including efforts to support teachers in obtaining designations;  | 
         
         
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            and | 
         
         
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                         (2)  the district prioritized high needs campuses in  | 
         
         
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            the district in using funds received under this section. | 
         
         
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                   SECTION 1.07.  Subchapter D, Chapter 48, Education Code, is  | 
         
         
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            amended by adding Sections 48.158 and 48.1581 to read as follows: | 
         
         
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                   Sec. 48.158.  TEACHER RETENTION ALLOTMENT.  (a)  In this  | 
         
         
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            section, "classroom teacher" has the meaning assigned by Section  | 
         
         
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            5.001, except that the term also includes: | 
         
         
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                         (1)  a person who is not required to hold a certificate  | 
         
         
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            issued under Subchapter B, Chapter 21, who otherwise meets the  | 
         
         
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            definition of a classroom teacher under Section 5.001; and | 
         
         
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                         (2)  a person, including a person described by  | 
         
         
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            Subdivision (1), employed by an entity with which a school district  | 
         
         
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            has entered into a contract who otherwise meets the definition of a  | 
         
         
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            classroom teacher under Section 5.001. | 
         
         
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                   (b)  A school district is entitled to an annual allotment for  | 
         
         
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            each classroom teacher who is employed by or contracts with the  | 
         
         
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            district for which the allotment is provided as follows: | 
         
         
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                         (1)  if the district has 5,000 or fewer students  | 
         
         
            | 
                
			 | 
            enrolled for the school year: | 
         
         
            | 
                
			 | 
                               (A)  $4,000 for each classroom teacher who has at  | 
         
         
            | 
                
			 | 
            least three but less than five years of teaching experience; and | 
         
         
            | 
                
			 | 
                               (B)  $8,000 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: | 
         
         
            | 
                
			 | 
                               (A)  $2,500 for each classroom teacher who has at  | 
         
         
            | 
                
			 | 
            least three but less than five years of teaching experience; and | 
         
         
            | 
                
			 | 
                               (B)  $5,000 for each classroom teacher who has  | 
         
         
            | 
                
			 | 
            five or more years of teaching experience. | 
         
         
            | 
                
			 | 
                   (b-1)  Instead of the allotment under Subsection (b)(2), a  | 
         
         
            | 
                
			 | 
            school district described by that subdivision is entitled to  | 
         
         
            | 
                
			 | 
            funding under Subsection (b)(1) if the school district received an  | 
         
         
            | 
                
			 | 
            allotment under Subsection (b)(1) in a previous school year. | 
         
         
            | 
                
			 | 
                   (c)  For the 2025-2026 school year, a school district shall  | 
         
         
            | 
                
			 | 
            use money received under Subsection (b) to: | 
         
         
            | 
                
			 | 
                         (1)  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 | 
         
         
            | 
                
			 | 
                         (2)  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)  Except as provided by Subsection (e), for the 2026-2027  | 
         
         
            | 
                
			 | 
            and each subsequent school year, a school district shall use money  | 
         
         
            | 
                
			 | 
            received under Subsection (b) to maintain the salary increases for  | 
         
         
            | 
                
			 | 
            classroom teachers provided under Subsection (c).  Any additional  | 
         
         
            | 
                
			 | 
            funding generated for a school district under this section may only  | 
         
         
            | 
                
			 | 
            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)  A school district that has been designated as an  | 
         
         
            | 
                
			 | 
            enhanced teacher incentive allotment system for the applicable  | 
         
         
            | 
                
			 | 
            school year may use money received under Subsection (b) to provide  | 
         
         
            | 
                
			 | 
            salaries to classroom teachers in accordance with the district's  | 
         
         
            | 
                
			 | 
            compensation plan. | 
         
         
            | 
                
			 | 
                   (f)  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, Article III, Texas Constitution.   | 
         
         
            | 
                
			 | 
            This subsection expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   Sec. 48.1581.  SUPPORT STAFF RETENTION ALLOTMENT.  (a)  In  | 
         
         
            | 
                
			 | 
            this section, "non-administrative staff": | 
         
         
            | 
                
			 | 
                         (1)  includes a full-time or part-time employee who is  | 
         
         
            | 
                
			 | 
            not eligible for a salary increase under Section 48.158, including: | 
         
         
            | 
                
			 | 
                               (A)  a teacher not eligible for a salary increase  | 
         
         
            | 
                
			 | 
            under Section 48.158; | 
         
         
            | 
                
			 | 
                               (B)  a school counselor; | 
         
         
            | 
                
			 | 
                               (C)  a librarian; | 
         
         
            | 
                
			 | 
                               (D)  a school nurse; | 
         
         
            | 
                
			 | 
                               (E)  a teacher's assistant; | 
         
         
            | 
                
			 | 
                               (F)  a member of the custodial staff; | 
         
         
            | 
                
			 | 
                               (G)  a member of the food services staff; | 
         
         
            | 
                
			 | 
                               (H)  a bus driver;  | 
         
         
            | 
                
			 | 
                               (I)  an administrative assistant; and | 
         
         
            | 
                
			 | 
                               (J)  other support staff; and | 
         
         
            | 
                
			 | 
                         (2)  does not include: | 
         
         
            | 
                
			 | 
                               (A)  a superintendent of a school district or  | 
         
         
            | 
                
			 | 
            other administrator serving as educational leader and chief  | 
         
         
            | 
                
			 | 
            executive officer; | 
         
         
            | 
                
			 | 
                               (B)  an assistant superintendent or a person in an  | 
         
         
            | 
                
			 | 
            equivalent role; | 
         
         
            | 
                
			 | 
                               (C)  a principal or assistant principal; and | 
         
         
            | 
                
			 | 
                               (D)  an employee in a centralized supervisory  | 
         
         
            | 
                
			 | 
            role. | 
         
         
            | 
                
			 | 
                   (b)  For purposes of this section, a school district's  | 
         
         
            | 
                
			 | 
            adjusted average attendance is the quotient of: | 
         
         
            | 
                
			 | 
                         (1)  the sum of the district's allotments under  | 
         
         
            | 
                
			 | 
            Subchapter B and, if applicable, the allotment under Section 48.101  | 
         
         
            | 
                
			 | 
            for the applicable school year; and | 
         
         
            | 
                
			 | 
                         (2)  the basic allotment for the applicable school  | 
         
         
            | 
                
			 | 
            year. | 
         
         
            | 
                
			 | 
                   (b-1)  In determining adjusted average daily attendance  | 
         
         
            | 
                
			 | 
            under this section, the agency shall exclude students who do not  | 
         
         
            | 
                
			 | 
            reside in the district and are enrolled in a full-time virtual  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   (c)  A school district is entitled to an annual allotment of  | 
         
         
            | 
                
			 | 
            $45 for each student in adjusted average attendance. | 
         
         
            | 
                
			 | 
                   (d)  For the 2025-2026 school year, a school district shall  | 
         
         
            | 
                
			 | 
            use money received under Subsection (c) to increase the salaries  | 
         
         
            | 
                
			 | 
            provided to non-administrative staff. | 
         
         
            | 
                
			 | 
                   (e)  For the 2026-2027 and each subsequent school year, a  | 
         
         
            | 
                
			 | 
            school district shall use money received under Subsection (c) to  | 
         
         
            | 
                
			 | 
            maintain the salary increases provided under Subsection (d).  Any  | 
         
         
            | 
                
			 | 
            additional money the district receives under this section may only  | 
         
         
            | 
                
			 | 
            be used for the compensation of non-administrative staff. | 
         
         
            | 
                
			 | 
                   (f)  A school district that increases non-administrative  | 
         
         
            | 
                
			 | 
            staff compensation in the 2025-2026 school year to comply with  | 
         
         
            | 
                
			 | 
            Subsection (d), as added by H.B. 2, Acts of the 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, Article III, Texas Constitution. This subsection expires  | 
         
         
            | 
                
			 | 
            September 1, 2027. | 
         
         
            | 
                
			 | 
                   SECTION 1.08.  Section 48.257, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsection (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (b-1)  If for any school year a school district receives an  | 
         
         
            | 
                
			 | 
            adjustment under Subsection (b) and, after that adjustment, is no  | 
         
         
            | 
                
			 | 
            longer subject to Subsection (a), the district is entitled to  | 
         
         
            | 
                
			 | 
            additional state aid for that school year in an amount equal to the  | 
         
         
            | 
                
			 | 
            lesser of: | 
         
         
            | 
                
			 | 
                         (1)  the difference, if the difference is greater than  | 
         
         
            | 
                
			 | 
            zero, between: | 
         
         
            | 
                
			 | 
                               (A)  the amount to which the district is entitled  | 
         
         
            | 
                
			 | 
            under Subchapters B, C, and D less the district's distribution from  | 
         
         
            | 
                
			 | 
            the available school fund for that school year; and | 
         
         
            | 
                
			 | 
                               (B)  the district's tier one maintenance and  | 
         
         
            | 
                
			 | 
            operations tax collections for that school year; or | 
         
         
            | 
                
			 | 
                         (2)  the district's allotment under Section 48.158 for  | 
         
         
            | 
                
			 | 
            that school year. | 
         
         
            | 
                
			 | 
                   SECTION 1.09.  Section 822.201(b), Government Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  "Salary and wages" as used in Subsection (a) means: | 
         
         
            | 
                
			 | 
                         (1)  normal periodic payments of money for service the  | 
         
         
            | 
                
			 | 
            right to which accrues on a regular basis in proportion to the  | 
         
         
            | 
                
			 | 
            service performed; | 
         
         
            | 
                
			 | 
                         (2)  amounts by which the member's salary is reduced  | 
         
         
            | 
                
			 | 
            under a salary reduction agreement authorized by Chapter 610; | 
         
         
            | 
                
			 | 
                         (3)  amounts that would otherwise qualify as salary and  | 
         
         
            | 
                
			 | 
            wages under Subdivision (1) but are not received directly by the  | 
         
         
            | 
                
			 | 
            member pursuant to a good faith, voluntary written salary reduction  | 
         
         
            | 
                
			 | 
            agreement in order to finance payments to a deferred compensation  | 
         
         
            | 
                
			 | 
            or tax sheltered annuity program specifically authorized by state  | 
         
         
            | 
                
			 | 
            law or to finance benefit options under a cafeteria plan qualifying  | 
         
         
            | 
                
			 | 
            under Section 125 of the Internal Revenue Code of 1986, if: | 
         
         
            | 
                
			 | 
                               (A)  the program or benefit options are made  | 
         
         
            | 
                
			 | 
            available to all employees of the employer; and | 
         
         
            | 
                
			 | 
                               (B)  the benefit options in the cafeteria plan are  | 
         
         
            | 
                
			 | 
            limited to one or more options that provide deferred compensation,  | 
         
         
            | 
                
			 | 
            group health and disability insurance, group term life insurance,  | 
         
         
            | 
                
			 | 
            dependent care assistance programs, or group legal services plans; | 
         
         
            | 
                
			 | 
                         (4)  performance pay awarded to an employee by a school  | 
         
         
            | 
                
			 | 
            district as part of a total compensation plan approved by the board  | 
         
         
            | 
                
			 | 
            of trustees of the district and meeting the requirements of  | 
         
         
            | 
                
			 | 
            Subsection (e); | 
         
         
            | 
                
			 | 
                         (5)  the benefit replacement pay a person earns under  | 
         
         
            | 
                
			 | 
            Subchapter H, Chapter 659, except as provided by Subsection (c); | 
         
         
            | 
                
			 | 
                         (6)  stipends paid to teachers in accordance with  | 
         
         
            | 
                
			 | 
            former Section 21.410, 21.411, 21.412, or 21.413, Education Code; | 
         
         
            | 
                
			 | 
                         (7)  amounts by which the member's salary is reduced or  | 
         
         
            | 
                
			 | 
            that are deducted from the member's salary as authorized by  | 
         
         
            | 
                
			 | 
            Subchapter J, Chapter 659; | 
         
         
            | 
                
			 | 
                         (8)  a merit salary increase made under Section 51.962,  | 
         
         
            | 
                
			 | 
            Education Code; | 
         
         
            | 
                
			 | 
                         (9)  amounts received under the relevant parts of the  | 
         
         
            | 
                
			 | 
            educator excellence awards program under Subchapter O, Chapter 21,  | 
         
         
            | 
                
			 | 
            Education Code, or a mentoring program under Section 21.458,  | 
         
         
            | 
                
			 | 
            Education Code, that authorize compensation for service; | 
         
         
            | 
                
			 | 
                         (10)  salary amounts designated as health care  | 
         
         
            | 
                
			 | 
            supplementation by an employee under Subchapter D, Chapter 22,  | 
         
         
            | 
                
			 | 
            Education Code; | 
         
         
            | 
                
			 | 
                         (11)  to the extent required by Sections 3401(h) and  | 
         
         
            | 
                
			 | 
            414(u)(12), Internal Revenue Code of 1986, differential wage  | 
         
         
            | 
                
			 | 
            payments received by an individual from an employer on or after  | 
         
         
            | 
                
			 | 
            January 1, 2009, while the individual is performing qualified  | 
         
         
            | 
                
			 | 
            military service as defined by Section 414(u), Internal Revenue  | 
         
         
            | 
                
			 | 
            Code of 1986; and | 
         
         
            | 
                
			 | 
                         (12)  increased compensation paid to an employee [a  | 
         
         
            | 
                
			 | 
            teacher] by an employer [a school district] using funds received by  | 
         
         
            | 
                
			 | 
            the employer [district] under: | 
         
         
            | 
                
			 | 
                               (A)  the teacher incentive allotment under  | 
         
         
            | 
                
			 | 
            Section 48.112, Education Code; | 
         
         
            | 
                
			 | 
                               (B)  the teacher retention allotment under  | 
         
         
            | 
                
			 | 
            Section 48.158, Education Code; or | 
         
         
            | 
                
			 | 
                               (C)  the support staff retention allotment under  | 
         
         
            | 
                
			 | 
            Section 48.1581, Education Code. | 
         
         
            | 
                
			 | 
                   SECTION 1.10.  Sections 48.051(c), (c-1), (c-2), and (d),  | 
         
         
            | 
                
			 | 
            Education Code, are repealed. | 
         
         
            | 
                
			 | 
                   SECTION 1.11.  Not later than September 1, 2026, a school  | 
         
         
            | 
                
			 | 
            district or open-enrollment charter school shall 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.  A  | 
         
         
            | 
                
			 | 
            redesignation under this section is effective beginning September  | 
         
         
            | 
                
			 | 
            1, 2026. | 
         
         
            | 
                
			 | 
                   SECTION 1.12.  (a)  Except as provided by Subsections (b) and  | 
         
         
            | 
                
			 | 
            (c) of this section, this article takes effect immediately if this  | 
         
         
            | 
                
			 | 
            Act receives a vote of two-thirds of all the members elected to each  | 
         
         
            | 
                
			 | 
            house, as provided by Section 39, Article III, Texas Constitution.   | 
         
         
            | 
                
			 | 
            If this Act does not receive the vote necessary for immediate  | 
         
         
            | 
                
			 | 
            effect, this article takes effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (b)  Sections 48.158, 48.1581, and 48.257(b-1), Education  | 
         
         
            | 
                
			 | 
            Code, as added by this article, and Section 822.201(b), Government  | 
         
         
            | 
                
			 | 
            Code, as amended by this article, take effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (c)  Sections 48.112(c) and (d), Education Code, as amended  | 
         
         
            | 
                
			 | 
            by this article, take effect September 1, 2026. | 
         
         
            | 
                
			 | 
            ARTICLE 2.  EDUCATOR PREPARATION AND TEACHER RIGHTS | 
         
         
            | 
                
			 | 
                   SECTION 2.01.  Section 12A.004(a), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A local innovation plan may not provide for the  | 
         
         
            | 
                
			 | 
            exemption of a district designated as a district of innovation from  | 
         
         
            | 
                
			 | 
            the following provisions of this title: | 
         
         
            | 
                
			 | 
                         (1)  a state or federal requirement applicable to an  | 
         
         
            | 
                
			 | 
            open-enrollment charter school operating under Subchapter D,  | 
         
         
            | 
                
			 | 
            Chapter 12; | 
         
         
            | 
                
			 | 
                         (2)  Subchapters A, C, D, and E, Chapter 11, except that  | 
         
         
            | 
                
			 | 
            a district may be exempt from Sections 11.1511(b)(5) and (14) and  | 
         
         
            | 
                
			 | 
            Section 11.162; | 
         
         
            | 
                
			 | 
                         (3)  the employment of uncertified classroom teachers  | 
         
         
            | 
                
			 | 
            under Section 21.0032; | 
         
         
            | 
                
			 | 
                         (4)  parental notification requirements under Section  | 
         
         
            | 
                
			 | 
            21.057; | 
         
         
            | 
                
			 | 
                         (5)  state curriculum and graduation requirements  | 
         
         
            | 
                
			 | 
            adopted under Chapter 28; and | 
         
         
            | 
                
			 | 
                         (6) [(4)]  academic and financial accountability and  | 
         
         
            | 
                
			 | 
            sanctions under Chapters 39 and 39A. | 
         
         
            | 
                
			 | 
                   SECTION 2.02.  Section 19.007(g), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (g)  In addition to other amounts received by the district  | 
         
         
            | 
                
			 | 
            under this section, the district is entitled to: | 
         
         
            | 
                
			 | 
                         (1)  state aid in the amount necessary to fund the  | 
         
         
            | 
                
			 | 
            salary increases required by Section 19.009(d-2); and | 
         
         
            | 
                
			 | 
                         (2)  the preparing and retaining educators through  | 
         
         
            | 
                
			 | 
            partnership program allotment under Section 48.157. | 
         
         
            | 
                
			 | 
                   SECTION 2.03.  Section 21.001, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subdivision (3-b) to read as follows: | 
         
         
            | 
                
			 | 
                         (3-b)  "Teacher of record" means a person employed by a  | 
         
         
            | 
                
			 | 
            school district who teaches the majority of the instructional day  | 
         
         
            | 
                
			 | 
            in an academic instructional setting and is responsible for  | 
         
         
            | 
                
			 | 
            evaluating student achievement and assigning grades. | 
         
         
            | 
                
			 | 
                   SECTION 2.04.  Subchapter A, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 21.0032 and 21.0033 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.0032.  EMPLOYMENT OF UNCERTIFIED CLASSROOM  | 
         
         
            | 
                
			 | 
            TEACHERS.  (a)  A school district may not employ as a teacher of  | 
         
         
            | 
                
			 | 
            record for a course in the foundation curriculum under Section  | 
         
         
            | 
                
			 | 
            28.002 a person who does not hold an appropriate certificate or  | 
         
         
            | 
                
			 | 
            permit required by the State Board for Educator Certification under  | 
         
         
            | 
                
			 | 
            Subchapter B. | 
         
         
            | 
                
			 | 
                   (a-1)  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, the commissioner may allow the district to delay  | 
         
         
            | 
                
			 | 
            implementation of the requirement of that subsection.  This  | 
         
         
            | 
                
			 | 
            subsection expires September 1, 2030. | 
         
         
            | 
                
			 | 
                   (a-2)  Notwithstanding Subsection (a) and Section 12A.004, a  | 
         
         
            | 
                
			 | 
            school district that has adopted a local innovation plan under  | 
         
         
            | 
                
			 | 
            Chapter 12A for the 2026-2027 school year that exempts the district  | 
         
         
            | 
                
			 | 
            from the applicable teacher certification requirements under  | 
         
         
            | 
                
			 | 
            Section 21.003 may 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 the State Board for Educator  | 
         
         
            | 
                
			 | 
            Certification under Subchapter B.  This subsection expires  | 
         
         
            | 
                
			 | 
            September 1, 2027. | 
         
         
            | 
                
			 | 
                   (b)  This section does not preclude a school district from: | 
         
         
            | 
                
			 | 
                         (1)  receiving a waiver under Section 7.056; or | 
         
         
            | 
                
			 | 
                         (2)  issuing a school district teaching permit under  | 
         
         
            | 
                
			 | 
            Section 21.055. | 
         
         
            | 
                
			 | 
                   Sec. 21.0033.  TEACHER CERTIFICATION INCENTIVE.  (a)  From  | 
         
         
            | 
                
			 | 
            money appropriated or otherwise available for the purpose, the  | 
         
         
            | 
                
			 | 
            agency shall provide to each school district a one-time payment of  | 
         
         
            | 
                
			 | 
            $1,000 for each classroom teacher employed by the district who: | 
         
         
            | 
                
			 | 
                         (1)  was hired for the 2022-2023 or 2023-2024 school  | 
         
         
            | 
                
			 | 
            year as a first-year teacher; | 
         
         
            | 
                
			 | 
                         (2)  was uncertified on January 1, 2025; | 
         
         
            | 
                
			 | 
                         (3)  earned a standard certificate under Subchapter B  | 
         
         
            | 
                
			 | 
            by the end of the 2026-2027 school year; and | 
         
         
            | 
                
			 | 
                         (4)  was continuously employed by the district since  | 
         
         
            | 
                
			 | 
            the school year described by Subdivision (1). | 
         
         
            | 
                
			 | 
                   (b)  This section expires September 1, 2028. | 
         
         
            | 
                
			 | 
                   SECTION 2.05.  Section 21.041, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsection (e) to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  A rule proposed by the board under this section relating  | 
         
         
            | 
                
			 | 
            to educator preparation is not subject to Section 2001.0045,  | 
         
         
            | 
                
			 | 
            Government Code. | 
         
         
            | 
                
			 | 
                   SECTION 2.06.  Subchapter B, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 21.0412 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.0412.  TYPES OF TEACHING CERTIFICATES.  (a)  In  | 
         
         
            | 
                
			 | 
            proposing rules specifying the types of teaching certificates to be  | 
         
         
            | 
                
			 | 
            issued under this subchapter, the board shall provide for a  | 
         
         
            | 
                
			 | 
            candidate to be issued: | 
         
         
            | 
                
			 | 
                         (1)  a standard certificate if the candidate satisfies: | 
         
         
            | 
                
			 | 
                               (A)  all traditional teacher preparation  | 
         
         
            | 
                
			 | 
            requirements under Section 21.04421; or | 
         
         
            | 
                
			 | 
                               (B)  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 the board,  | 
         
         
            | 
                
			 | 
            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 the board, 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 board requirements to serve as a teacher  | 
         
         
            | 
                
			 | 
            of record. | 
         
         
            | 
                
			 | 
                   (b)  Rules proposed under Subsection (a)(2) may not require 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)  A candidate for a certification described by Subsection  | 
         
         
            | 
                
			 | 
            (a) must meet all other requirements imposed under this subchapter  | 
         
         
            | 
                
			 | 
            or board rule applicable to the candidate's certification. | 
         
         
            | 
                
			 | 
                   (d)  This section does not prohibit the board 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.  Section 21.044, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsections (i) and (j) to read as follows: | 
         
         
            | 
                
			 | 
                   (i)  An educator preparation program participating in a  | 
         
         
            | 
                
			 | 
            Preparing and Retaining Educators through Partnership Preservice  | 
         
         
            | 
                
			 | 
            Program under Subchapter R shall: | 
         
         
            | 
                
			 | 
                         (1)  incorporate the applicable instructional  | 
         
         
            | 
                
			 | 
            materials and training developed under Section 21.067, as  | 
         
         
            | 
                
			 | 
            determined by the board; | 
         
         
            | 
                
			 | 
                         (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 the agency. | 
         
         
            | 
                
			 | 
                   (j)  For purposes of Subsection (i)(2), the board by rule  | 
         
         
            | 
                
			 | 
            shall 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.  Subchapter B, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 21.04421, 21.04422, and 21.04423 to read  | 
         
         
            | 
                
			 | 
            as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.04421.  TRADITIONAL TEACHER PREPARATION.  (a)  In  | 
         
         
            | 
                
			 | 
            proposing rules under this subchapter regarding training  | 
         
         
            | 
                
			 | 
            requirements for a candidate seeking certification through a  | 
         
         
            | 
                
			 | 
            traditional teacher preparation route in which a candidate may  | 
         
         
            | 
                
			 | 
            concurrently receive an undergraduate or master's degree and a  | 
         
         
            | 
                
			 | 
            certification to teach a subject area at a particular grade level,  | 
         
         
            | 
                
			 | 
            the board shall require the candidate to complete substantial  | 
         
         
            | 
                
			 | 
            preservice practice in a prekindergarten through grade 12  | 
         
         
            | 
                
			 | 
            classroom. | 
         
         
            | 
                
			 | 
                   (b)  The rules proposed under Subsection (a) must require  | 
         
         
            | 
                
			 | 
            training to be provided synchronously.  The board may approve  | 
         
         
            | 
                
			 | 
            components of the training to be delivered asynchronously on  | 
         
         
            | 
                
			 | 
            application by an educator preparation program. | 
         
         
            | 
                
			 | 
                   Sec. 21.04422.  TEACHER RESIDENCY PREPARATION.  (a)  The  | 
         
         
            | 
                
			 | 
            board shall propose rules under this subchapter to create a teacher  | 
         
         
            | 
                
			 | 
            residency preparation route. | 
         
         
            | 
                
			 | 
                   (b)  In proposing rules for a teacher residency preparation  | 
         
         
            | 
                
			 | 
            route under this section, the board must require that the program: | 
         
         
            | 
                
			 | 
                         (1)  use research-based best practices for recruiting  | 
         
         
            | 
                
			 | 
            and admitting candidates into the program; | 
         
         
            | 
                
			 | 
                         (2)  integrate course work, classroom practice, formal  | 
         
         
            | 
                
			 | 
            observation, and feedback; | 
         
         
            | 
                
			 | 
                         (3)  require a candidate to receive preservice practice  | 
         
         
            | 
                
			 | 
            in a prekindergarten through grade 12 classroom for at least one  | 
         
         
            | 
                
			 | 
            full school year; | 
         
         
            | 
                
			 | 
                         (4)  use multiple assessments to measure a candidate's  | 
         
         
            | 
                
			 | 
            progress; and | 
         
         
            | 
                
			 | 
                         (5)  provide training synchronously, unless the  | 
         
         
            | 
                
			 | 
            educator preparation program applies to and receives approval from  | 
         
         
            | 
                
			 | 
            the board for an exception allowing the program to provide training  | 
         
         
            | 
                
			 | 
            asynchronously. | 
         
         
            | 
                
			 | 
                   Sec. 21.04423.  ALTERNATIVE TEACHER PREPARATION.  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, the board shall establish: | 
         
         
            | 
                
			 | 
                         (1)  a preservice alternative teacher preparation  | 
         
         
            | 
                
			 | 
            route that: | 
         
         
            | 
                
			 | 
                               (A)  requires the candidate to complete  | 
         
         
            | 
                
			 | 
            substantial preservice practice in a prekindergarten through grade  | 
         
         
            | 
                
			 | 
            12 classroom, which may include time spent serving as a  | 
         
         
            | 
                
			 | 
            paraprofessional; and | 
         
         
            | 
                
			 | 
                               (B)  provides training synchronously, unless the  | 
         
         
            | 
                
			 | 
            educator preparation program applies to and receives approval from  | 
         
         
            | 
                
			 | 
            the board for an exception allowing the program to provide training  | 
         
         
            | 
                
			 | 
            asynchronously; and | 
         
         
            | 
                
			 | 
                         (2)  an alternative teacher preparation route that  | 
         
         
            | 
                
			 | 
            allows for flexibility in how a candidate may demonstrate  | 
         
         
            | 
                
			 | 
            proficiency for certification. | 
         
         
            | 
                
			 | 
                   SECTION 2.09.  Section 21.0443, Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.0443.  EDUCATOR PREPARATION PROGRAM APPROVAL AND  | 
         
         
            | 
                
			 | 
            RENEWAL.  (a)  The board shall propose rules to establish standards  | 
         
         
            | 
                
			 | 
            to govern the approval or renewal of approval of: | 
         
         
            | 
                
			 | 
                         (1)  educator preparation programs; [and] | 
         
         
            | 
                
			 | 
                         (2)  the teacher preparation routes established under  | 
         
         
            | 
                
			 | 
            Sections 21.04421, 21.04422, and 21.04423; and | 
         
         
            | 
                
			 | 
                         (3)  certification fields authorized to be offered by  | 
         
         
            | 
                
			 | 
            an educator preparation program. | 
         
         
            | 
                
			 | 
                   (a-1)  The board may review an educator preparation  | 
         
         
            | 
                
			 | 
            program's curriculum: | 
         
         
            | 
                
			 | 
                         (1)  before the approval or renewal of approval of the  | 
         
         
            | 
                
			 | 
            program; and | 
         
         
            | 
                
			 | 
                         (2)  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)  To be eligible for approval or renewal of approval, an  | 
         
         
            | 
                
			 | 
            educator preparation program must: | 
         
         
            | 
                
			 | 
                         (1)  incorporate proactive instructional planning  | 
         
         
            | 
                
			 | 
            techniques throughout coursework [course work] and across content  | 
         
         
            | 
                
			 | 
            areas using a framework that: | 
         
         
            | 
                
			 | 
                               (A)  provides flexibility in the ways: | 
         
         
            | 
                
			 | 
                                     (i)  information is presented; | 
         
         
            | 
                
			 | 
                                     (ii)  students respond or demonstrate  | 
         
         
            | 
                
			 | 
            knowledge and skills; and | 
         
         
            | 
                
			 | 
                                     (iii)  students are engaged; | 
         
         
            | 
                
			 | 
                               (B)  reduces barriers in instruction; | 
         
         
            | 
                
			 | 
                               (C)  provides appropriate accommodations,  | 
         
         
            | 
                
			 | 
            supports, and challenges; and | 
         
         
            | 
                
			 | 
                               (D)  maintains high achievement expectations for  | 
         
         
            | 
                
			 | 
            all students, including students with disabilities and students of  | 
         
         
            | 
                
			 | 
            limited English proficiency; | 
         
         
            | 
                
			 | 
                         (2)  integrate inclusive practices for all students,  | 
         
         
            | 
                
			 | 
            including students with disabilities, and evidence-based  | 
         
         
            | 
                
			 | 
            instruction and intervention strategies throughout coursework  | 
         
         
            | 
                
			 | 
            [course work], clinical experience, and student teaching; | 
         
         
            | 
                
			 | 
                         (3)  ensure that the program complies in the same  | 
         
         
            | 
                
			 | 
            manner as if the program were a school district with: | 
         
         
            | 
                
			 | 
                               (A)  the prohibitions and requirements under  | 
         
         
            | 
                
			 | 
            Sections 28.0022(a)(1)-(4) regarding program instructional  | 
         
         
            | 
                
			 | 
            personnel and coursework; | 
         
         
            | 
                
			 | 
                               (B)  the prohibitions under Section 28.0022(c)  | 
         
         
            | 
                
			 | 
            regarding the acceptance of private funds; and | 
         
         
            | 
                
			 | 
                               (C)  the prohibitions under Section 28.0022(d)  | 
         
         
            | 
                
			 | 
            regarding the punishment of students; | 
         
         
            | 
                
			 | 
                         (4)  if applicable, meet the requirements of Section  | 
         
         
            | 
                
			 | 
            21.044(i); | 
         
         
            | 
                
			 | 
                         (5)  adequately prepare candidates for educator  | 
         
         
            | 
                
			 | 
            certification; and | 
         
         
            | 
                
			 | 
                         (6) [(4)]  meet the standards and requirements of the  | 
         
         
            | 
                
			 | 
            board. | 
         
         
            | 
                
			 | 
                   (b-1)  Nothing in Subsection (b)(3) may be construed as  | 
         
         
            | 
                
			 | 
            limiting instruction in the essential knowledge and skills adopted  | 
         
         
            | 
                
			 | 
            under Subchapter A, Chapter 28. | 
         
         
            | 
                
			 | 
                   (b-2)  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. 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)  The board shall require that each educator preparation  | 
         
         
            | 
                
			 | 
            program be reviewed for renewal of approval at least every five  | 
         
         
            | 
                
			 | 
            years.  The board may require each educator preparation program to  | 
         
         
            | 
                
			 | 
            be reviewed for renewal of approval at least annually. The board  | 
         
         
            | 
                
			 | 
            shall adopt an evaluation process to be used in reviewing an  | 
         
         
            | 
                
			 | 
            educator preparation program for renewal of approval. | 
         
         
            | 
                
			 | 
                   (d)  In adopting the evaluation process under Subsection  | 
         
         
            | 
                
			 | 
            (c), the board shall consider including: | 
         
         
            | 
                
			 | 
                         (1)  quality indicators that reflect effective program  | 
         
         
            | 
                
			 | 
            practices; and | 
         
         
            | 
                
			 | 
                         (2)  measures that provide for the observation of  | 
         
         
            | 
                
			 | 
            program practices to ensure program quality. | 
         
         
            | 
                
			 | 
                   SECTION 2.10.  Section 21.049, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.049.  ALTERNATIVE EDUCATOR PREPARATION PROGRAMS  | 
         
         
            | 
                
			 | 
            [CERTIFICATION].  (a)  To provide a continuing additional source of  | 
         
         
            | 
                
			 | 
            qualified educators, the board shall propose rules providing that | 
         
         
            | 
                
			 | 
            [for] educator certification programs may be provided by an  | 
         
         
            | 
                
			 | 
            institution of higher education or another entity [as an  | 
         
         
            | 
                
			 | 
            alternative to traditional educator preparation programs].  The  | 
         
         
            | 
                
			 | 
            rules may not provide that a person may be certified under this  | 
         
         
            | 
                
			 | 
            section only if there is a demonstrated shortage of educators in a  | 
         
         
            | 
                
			 | 
            school district or subject area. | 
         
         
            | 
                
			 | 
                   (b)  The board may not require a person employed as a teacher  | 
         
         
            | 
                
			 | 
            in an alternative education program under Section 37.008 or a  | 
         
         
            | 
                
			 | 
            juvenile justice alternative education program under Section  | 
         
         
            | 
                
			 | 
            37.011 for at least three years to complete an alternative educator  | 
         
         
            | 
                
			 | 
            preparation [certification] program adopted under this section  | 
         
         
            | 
                
			 | 
            before taking the appropriate certification examination. | 
         
         
            | 
                
			 | 
                   SECTION 2.11.  Sections 21.055(a), (b), and (c), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  As provided by this section, a school district may 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)  To be eligible for a school district teaching permit  | 
         
         
            | 
                
			 | 
            under this section, a person must: | 
         
         
            | 
                
			 | 
                         (1)  hold a baccalaureate degree; or | 
         
         
            | 
                
			 | 
                         (2)  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: | 
         
         
            | 
                
			 | 
                               (A)  currently enrolled in a postsecondary  | 
         
         
            | 
                
			 | 
            program that could lead to a baccalaureate degree; and | 
         
         
            | 
                
			 | 
                               (B)  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)  Promptly after employing a person described by  | 
         
         
            | 
                
			 | 
            Subsection (b)(1) under this section, a school district shall send  | 
         
         
            | 
                
			 | 
            to the commissioner a written statement identifying the person, the  | 
         
         
            | 
                
			 | 
            person's qualifications as a teacher, and the subject or class the  | 
         
         
            | 
                
			 | 
            person will teach.  The person may teach the subject or class  | 
         
         
            | 
                
			 | 
            pending action by the commissioner. | 
         
         
            | 
                
			 | 
                   SECTION 2.12.  Section 21.057, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsection (f) to read as follows: | 
         
         
            | 
                
			 | 
                   (f)  If the agency has developed a model notice for purposes  | 
         
         
            | 
                
			 | 
            of this section, the superintendent must use that model to provide  | 
         
         
            | 
                
			 | 
            the notice required under this section. | 
         
         
            | 
                
			 | 
                   SECTION 2.13.  Subchapter B, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 21.067 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.067.  EDUCATOR PREPARATION MATERIALS AND TRAINING.   | 
         
         
            | 
                
			 | 
            (a)  The commissioner shall develop and make available: | 
         
         
            | 
                
			 | 
                         (1)  instructional materials for use in educator  | 
         
         
            | 
                
			 | 
            preparation programs under this subchapter; and | 
         
         
            | 
                
			 | 
                         (2)  training for faculty responsible for preparing  | 
         
         
            | 
                
			 | 
            educator candidates. | 
         
         
            | 
                
			 | 
                   (b)  The materials and training developed under Subsection  | 
         
         
            | 
                
			 | 
            (a) must: | 
         
         
            | 
                
			 | 
                         (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); 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 2.14.  Section 21.402, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsections (f-1), (f-2), (f-3), and (f-4) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (f-1)  A school district must 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)  The board of trustees of a school district may 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)  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)  A school district may not adopt 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 2.15.  Section 21.4552(f), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (f)  From money appropriated or otherwise available for the  | 
         
         
            | 
                
			 | 
            purpose, including an allotment under Section 48.108, a school  | 
         
         
            | 
                
			 | 
            district shall 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 the agency [This section expires  | 
         
         
            | 
                
			 | 
            September 1, 2027]. | 
         
         
            | 
                
			 | 
                   SECTION 2.16.  Section 21.4553(f), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (f)  From money appropriated or otherwise available for the  | 
         
         
            | 
                
			 | 
            purpose, including an allotment under Section 48.108, a school  | 
         
         
            | 
                
			 | 
            district shall 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 the agency [This section  | 
         
         
            | 
                
			 | 
            expires September 1, 2027]. | 
         
         
            | 
                
			 | 
                   SECTION 2.17.  Chapter 21, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subchapter R to read as follows: | 
         
         
            | 
                
			 | 
            SUBCHAPTER R.  PREPARING AND RETAINING EDUCATORS THROUGH  | 
         
         
            | 
                
			 | 
            PARTNERSHIP PROGRAMS | 
         
         
            | 
                
			 | 
                   Sec. 21.901.  DEFINITIONS.  In this subchapter: | 
         
         
            | 
                
			 | 
                         (1)  "Alternative partnership preservice program"  | 
         
         
            | 
                
			 | 
            means the Preparing and Retaining Educators through Partnership  | 
         
         
            | 
                
			 | 
            Alternative Preservice Program established under Section 21.905. | 
         
         
            | 
                
			 | 
                         (2)  "Board" means the State Board for Educator  | 
         
         
            | 
                
			 | 
            Certification. | 
         
         
            | 
                
			 | 
                         (3)  "Cooperating teacher" means a classroom teacher  | 
         
         
            | 
                
			 | 
            who: | 
         
         
            | 
                
			 | 
                               (A)  has at least three full school years of  | 
         
         
            | 
                
			 | 
            teaching experience with a superior record of assisting students in  | 
         
         
            | 
                
			 | 
            achieving improvement in student performance; | 
         
         
            | 
                
			 | 
                               (B)  is employed as a teacher of record by a school  | 
         
         
            | 
                
			 | 
            district or open-enrollment charter school participating in a  | 
         
         
            | 
                
			 | 
            partnership preservice program or grow your own partnership program  | 
         
         
            | 
                
			 | 
            under this subchapter and paired with one or more teacher  | 
         
         
            | 
                
			 | 
            candidates, students, or employees who are participating in a  | 
         
         
            | 
                
			 | 
            program under this subchapter; and | 
         
         
            | 
                
			 | 
                               (C)  provides coaching in the teacher's classroom  | 
         
         
            | 
                
			 | 
            to one or more teacher candidates, students, or employees  | 
         
         
            | 
                
			 | 
            participating in a program under this subchapter. | 
         
         
            | 
                
			 | 
                         (4)  "Grow your own partnership program" means the  | 
         
         
            | 
                
			 | 
            Preparing and Retaining Educators through Partnership Grow Your Own  | 
         
         
            | 
                
			 | 
            Partnership Program established under Section 21.906. | 
         
         
            | 
                
			 | 
                         (5)  "Mentor teacher" means a mentor teacher as  | 
         
         
            | 
                
			 | 
            described by Section 21.458. | 
         
         
            | 
                
			 | 
                         (6)  "Partnership preservice program" means a  | 
         
         
            | 
                
			 | 
            Preparing and Retaining Educators through Partnership Preservice  | 
         
         
            | 
                
			 | 
            Program established under Section 21.902. | 
         
         
            | 
                
			 | 
                         (7)  "Residency partnership preservice program" means  | 
         
         
            | 
                
			 | 
            the Preparing and Retaining Educators through Partnership  | 
         
         
            | 
                
			 | 
            Residency Preservice Program established under Section 21.904. | 
         
         
            | 
                
			 | 
                         (8)  "Teacher candidate" means a person enrolled in an  | 
         
         
            | 
                
			 | 
            educator preparation program participating in a partnership  | 
         
         
            | 
                
			 | 
            preservice program. | 
         
         
            | 
                
			 | 
                         (9)  "Traditional partnership preservice program"  | 
         
         
            | 
                
			 | 
            means the Preparing and Retaining Educators through Partnership  | 
         
         
            | 
                
			 | 
            Traditional Preservice Program established under Section 21.903. | 
         
         
            | 
                
			 | 
                   Sec. 21.902. PREPARING AND RETAINING EDUCATORS THROUGH  | 
         
         
            | 
                
			 | 
            PARTNERSHIP PRESERVICE PROGRAMS.  (a)  The commissioner shall  | 
         
         
            | 
                
			 | 
            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)  A partnership preservice program must be designed to: | 
         
         
            | 
                
			 | 
                         (1)  allow teacher candidates to receive field-based  | 
         
         
            | 
                
			 | 
            experience working with cooperating teachers in prekindergarten  | 
         
         
            | 
                
			 | 
            through grade 12 classrooms; and | 
         
         
            | 
                
			 | 
                         (2)  gradually increase the amount of time a teacher  | 
         
         
            | 
                
			 | 
            candidate spends engaging in instructional responsibilities,  | 
         
         
            | 
                
			 | 
            including observation, co-teaching, and lead-teaching  | 
         
         
            | 
                
			 | 
            responsibilities. | 
         
         
            | 
                
			 | 
                   (c)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            participating in a partnership preservice program shall: | 
         
         
            | 
                
			 | 
                         (1)  enter into a written agreement with an approved  | 
         
         
            | 
                
			 | 
            educator preparation program to: | 
         
         
            | 
                
			 | 
                               (A)  provide a teacher candidate with clinical  | 
         
         
            | 
                
			 | 
            teaching opportunities at the district or school in the subject  | 
         
         
            | 
                
			 | 
            area and grade level for which the candidate seeks certification;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (B)  pair the teacher candidate with a cooperating  | 
         
         
            | 
                
			 | 
            teacher who has successfully completed a training program for  | 
         
         
            | 
                
			 | 
            cooperating teachers that, if required by the agency, must be  | 
         
         
            | 
                
			 | 
            established or adopted by the agency; | 
         
         
            | 
                
			 | 
                         (2)  use money received under Section 48.157 only to  | 
         
         
            | 
                
			 | 
            implement the partnership preservice program; | 
         
         
            | 
                
			 | 
                         (3)  ensure that a teacher candidate is mentored by a  | 
         
         
            | 
                
			 | 
            mentor teacher who has completed mentorship training under Section  | 
         
         
            | 
                
			 | 
            21.907 for the candidate's first two years as a teacher of record  | 
         
         
            | 
                
			 | 
            after completing a partnership preservice program; and | 
         
         
            | 
                
			 | 
                         (4)  provide any information required by the agency  | 
         
         
            | 
                
			 | 
            regarding the district's or school's implementation of a  | 
         
         
            | 
                
			 | 
            partnership preservice program. | 
         
         
            | 
                
			 | 
                   (d)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            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)  A teacher candidate participating in a partnership  | 
         
         
            | 
                
			 | 
            preservice program may not serve: | 
         
         
            | 
                
			 | 
                         (1)  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)  A teacher candidate participating in a partnership  | 
         
         
            | 
                
			 | 
            preservice program may serve in a position described by Subsection  | 
         
         
            | 
                
			 | 
            (e)(2) for the limited purpose of gaining experience in the  | 
         
         
            | 
                
			 | 
            position.  The teacher candidate's amount of time serving in that  | 
         
         
            | 
                
			 | 
            position may not exceed 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)  To be qualified to participate in a partnership  | 
         
         
            | 
                
			 | 
            preservice program, an educator preparation program must meet the  | 
         
         
            | 
                
			 | 
            requirements under Section 21.044(i). | 
         
         
            | 
                
			 | 
                   Sec. 21.903.  PREPARING AND RETAINING EDUCATORS THROUGH  | 
         
         
            | 
                
			 | 
            PARTNERSHIP TRADITIONAL PRESERVICE PROGRAM.  (a)  The commissioner  | 
         
         
            | 
                
			 | 
            shall 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)  The program must be designed to: | 
         
         
            | 
                
			 | 
                         (1)  meet the requirements of a partnership preservice  | 
         
         
            | 
                
			 | 
            program under Section 21.902; and | 
         
         
            | 
                
			 | 
                         (2)  allow a teacher candidate to satisfy the  | 
         
         
            | 
                
			 | 
            traditional teacher preparation requirements under Section  | 
         
         
            | 
                
			 | 
            21.04421. | 
         
         
            | 
                
			 | 
                   (c)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            participating in the traditional partnership preservice program  | 
         
         
            | 
                
			 | 
            shall 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)  In addition to the amount provided by Subsection (c)(1),  | 
         
         
            | 
                
			 | 
            a school district or open-enrollment charter school shall 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)  The commissioner  | 
         
         
            | 
                
			 | 
            shall 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)  The program must be designed to: | 
         
         
            | 
                
			 | 
                         (1)  meet the requirements of a partnership preservice  | 
         
         
            | 
                
			 | 
            program under Section 21.902; and | 
         
         
            | 
                
			 | 
                         (2)  allow a teacher candidate to satisfy the teacher  | 
         
         
            | 
                
			 | 
            residency preparation requirements under Section 21.04422. | 
         
         
            | 
                
			 | 
                   (c)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            participating in the residency partnership preservice program  | 
         
         
            | 
                
			 | 
            shall 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)  In addition to the amount provided by Subsection (c)(1),  | 
         
         
            | 
                
			 | 
            a school district or open-enrollment charter school shall 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)  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 the State Board  | 
         
         
            | 
                
			 | 
            for Educator Certification to implement that subsection take  | 
         
         
            | 
                
			 | 
            effect.  This subsection expires September 1, 2028. | 
         
         
            | 
                
			 | 
                   Sec. 21.905.  PREPARING AND RETAINING EDUCATORS THROUGH  | 
         
         
            | 
                
			 | 
            PARTNERSHIP ALTERNATIVE PRESERVICE PROGRAM.  (a)  The commissioner  | 
         
         
            | 
                
			 | 
            shall 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)  The program must be designed to: | 
         
         
            | 
                
			 | 
                         (1)  meet the requirements of a partnership preservice  | 
         
         
            | 
                
			 | 
            program under Section 21.902; and | 
         
         
            | 
                
			 | 
                         (2)  allow a teacher candidate to satisfy the  | 
         
         
            | 
                
			 | 
            preservice alternative teacher preparation requirements under  | 
         
         
            | 
                
			 | 
            Section 21.04423(1). | 
         
         
            | 
                
			 | 
                   (c)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            participating in the alternative partnership preservice program  | 
         
         
            | 
                
			 | 
            shall 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)  In addition to the amount provided by Subsection (c)(1),  | 
         
         
            | 
                
			 | 
            a school district or open-enrollment charter school shall 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)  The  | 
         
         
            | 
                
			 | 
            commissioner shall 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)  The grow your own partnership program must 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)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            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)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            participating in the grow your own partnership program shall: | 
         
         
            | 
                
			 | 
                         (1)  for a partnership described by Subsection (b)(1),  | 
         
         
            | 
                
			 | 
            provide: | 
         
         
            | 
                
			 | 
                               (A)  authentic opportunities, which may be paid or  | 
         
         
            | 
                
			 | 
            unpaid, for students to practice teaching under the supervision of  | 
         
         
            | 
                
			 | 
            one or more cooperating teachers; and | 
         
         
            | 
                
			 | 
                               (B)  guidance and other transition supports as a  | 
         
         
            | 
                
			 | 
            student begins an undergraduate degree program that offers a route  | 
         
         
            | 
                
			 | 
            to teacher preparation; | 
         
         
            | 
                
			 | 
                         (2)  for a partnership described by Subsection (b)(2),  | 
         
         
            | 
                
			 | 
            provide for a district or school employee: | 
         
         
            | 
                
			 | 
                               (A)  scheduled release time to support the  | 
         
         
            | 
                
			 | 
            completion of a bachelor's degree; | 
         
         
            | 
                
			 | 
                               (B)  authentic opportunities to practice teaching  | 
         
         
            | 
                
			 | 
            under the supervision of one or more cooperating teachers; | 
         
         
            | 
                
			 | 
                               (C)  on-the-job training aligned with the  | 
         
         
            | 
                
			 | 
            standards for educator certification established by the board; | 
         
         
            | 
                
			 | 
                               (D)  a job assignment that includes instructional  | 
         
         
            | 
                
			 | 
            support for students enrolled in the district or school; and | 
         
         
            | 
                
			 | 
                               (E)  guidance and other transition supports as the  | 
         
         
            | 
                
			 | 
            employee begins a program to satisfy the teacher preparation  | 
         
         
            | 
                
			 | 
            requirements under Section 21.04421, 21.04422, or 21.04423; | 
         
         
            | 
                
			 | 
                         (3)  enter into a written agreement with an institution  | 
         
         
            | 
                
			 | 
            of higher education or educator preparation program; | 
         
         
            | 
                
			 | 
                         (4)  require an employee participating in a partnership  | 
         
         
            | 
                
			 | 
            described by Subsection (b)(2) to, as a condition for  | 
         
         
            | 
                
			 | 
            participation, earn a bachelor's degree and enroll in an educator  | 
         
         
            | 
                
			 | 
            preparation program within three years of beginning participation  | 
         
         
            | 
                
			 | 
            in the partnership; and | 
         
         
            | 
                
			 | 
                         (5)  provide any information required by the agency  | 
         
         
            | 
                
			 | 
            regarding the district's or school's implementation of the grow  | 
         
         
            | 
                
			 | 
            your own partnership program. | 
         
         
            | 
                
			 | 
                   (e)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            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)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            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)  A student or employee participating in the program may  | 
         
         
            | 
                
			 | 
            not serve: | 
         
         
            | 
                
			 | 
                         (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)  A student or employee participating in the program may  | 
         
         
            | 
                
			 | 
            serve in a position described by Subsection (g)(2) for the limited  | 
         
         
            | 
                
			 | 
            purpose of gaining experience in the position.  The student's or  | 
         
         
            | 
                
			 | 
            employee's amount of time serving in that position may not exceed  | 
         
         
            | 
                
			 | 
            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)  The commissioner shall  | 
         
         
            | 
                
			 | 
            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)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            participating in the program must require a classroom teacher who  | 
         
         
            | 
                
			 | 
            serves as a mentor teacher to annually complete a training program  | 
         
         
            | 
                
			 | 
            for mentor teachers established or adopted by the agency. | 
         
         
            | 
                
			 | 
                   (c)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            shall use money received under Section 48.157(b)(5) to provide  | 
         
         
            | 
                
			 | 
            stipends for mentor teachers in an amount of at least $1,000. | 
         
         
            | 
                
			 | 
                   (d)  If any money remains after providing a stipend to mentor  | 
         
         
            | 
                
			 | 
            teachers in accordance with Subsection (c), the district may use  | 
         
         
            | 
                
			 | 
            that money to provide: | 
         
         
            | 
                
			 | 
                         (1)  scheduled release time for mentor teachers and  | 
         
         
            | 
                
			 | 
            classroom teachers being mentored to meet and engage in mentoring  | 
         
         
            | 
                
			 | 
            activities; and | 
         
         
            | 
                
			 | 
                         (2)  support for mentor teachers through mentor  | 
         
         
            | 
                
			 | 
            training and strategic staffing training. | 
         
         
            | 
                
			 | 
                   Sec. 21.908.  EDUCATOR PREPARATION PROGRAM SUPPORT.  The  | 
         
         
            | 
                
			 | 
            agency shall develop and maintain a program to assist educator  | 
         
         
            | 
                
			 | 
            preparation programs in implementing this subchapter. | 
         
         
            | 
                
			 | 
                   Sec. 21.909.  PROGRAM STANDARDS AND PERFORMANCE GOALS.  (a)   | 
         
         
            | 
                
			 | 
            The commissioner shall adopt rules establishing: | 
         
         
            | 
                
			 | 
                         (1)  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 | 
         
         
            | 
                
			 | 
                         (2)  performance goals for partnership programs  | 
         
         
            | 
                
			 | 
            established under this subchapter. | 
         
         
            | 
                
			 | 
                   (b)  The commissioner shall 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)  If, in reviewing a partnership program under Subsection  | 
         
         
            | 
                
			 | 
            (b), the commissioner determines that the program has failed to  | 
         
         
            | 
                
			 | 
            meet a performance goal established under Subsection (a), the  | 
         
         
            | 
                
			 | 
            commissioner shall 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.  The  | 
         
         
            | 
                
			 | 
            commissioner may solicit and accept gifts, grants, and donations  | 
         
         
            | 
                
			 | 
            from public and private entities to use for the purposes of this  | 
         
         
            | 
                
			 | 
            subchapter. | 
         
         
            | 
                
			 | 
                   Sec. 21.911.  RULES.  The commissioner shall adopt rules as  | 
         
         
            | 
                
			 | 
            necessary to implement this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 2.18.  Subchapter D, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.157 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.157.  PREPARING AND RETAINING EDUCATORS THROUGH  | 
         
         
            | 
                
			 | 
            PARTNERSHIP PROGRAM ALLOTMENT.  (a)  In this section, "teacher  | 
         
         
            | 
                
			 | 
            candidate" has the meaning assigned by Section 21.901. | 
         
         
            | 
                
			 | 
                   (b)  Subject to Subsections (f) and (g), a school district is  | 
         
         
            | 
                
			 | 
            entitled 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: | 
         
         
            | 
                
			 | 
                               (A)  $10,000; and | 
         
         
            | 
                
			 | 
                               (B)  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: | 
         
         
            | 
                
			 | 
                               (A)  $24,000; and | 
         
         
            | 
                
			 | 
                               (B)  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: | 
         
         
            | 
                
			 | 
                               (A)  $10,000; and | 
         
         
            | 
                
			 | 
                               (B)  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: | 
         
         
            | 
                
			 | 
                               (A)  $8,000; and | 
         
         
            | 
                
			 | 
                               (B)  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)  The high needs and rural factor is the lesser of: | 
         
         
            | 
                
			 | 
                         (1)  the average of the point value assigned to each  | 
         
         
            | 
                
			 | 
            student at a district campus under Sections 48.112(e) and (f); or | 
         
         
            | 
                
			 | 
                         (2)  4.0. | 
         
         
            | 
                
			 | 
                   (d)  In addition to the funding under Subsection (b), a  | 
         
         
            | 
                
			 | 
            district is entitled 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)  The Texas School for the Deaf and the Texas School for  | 
         
         
            | 
                
			 | 
            the Blind and Visually Impaired are entitled to an allotment under  | 
         
         
            | 
                
			 | 
            this section.  If the commissioner determines that assigning point  | 
         
         
            | 
                
			 | 
            values under Subsection (c) to students enrolled in the Texas  | 
         
         
            | 
                
			 | 
            School for the Deaf or the Texas School for the Blind and Visually  | 
         
         
            | 
                
			 | 
            Impaired is impractical, the commissioner may use the average point  | 
         
         
            | 
                
			 | 
            value assigned for those students' home districts for purposes of  | 
         
         
            | 
                
			 | 
            calculating the high needs and rural factor. | 
         
         
            | 
                
			 | 
                   (f)  Unless a greater number of individuals is provided for  | 
         
         
            | 
                
			 | 
            by appropriation for that school year, a school district may  | 
         
         
            | 
                
			 | 
            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)  If more than 40 individuals are eligible to receive an  | 
         
         
            | 
                
			 | 
            allotment under Subsection (b)(2) for a school district, the  | 
         
         
            | 
                
			 | 
            district is entitled to an allotment under Subsection (b)(1) for  | 
         
         
            | 
                
			 | 
            those individuals, subject to the limitation under Subsection  | 
         
         
            | 
                
			 | 
            (f)(2). | 
         
         
            | 
                
			 | 
                   (h)  For purposes of offsetting tuition, fees, and  | 
         
         
            | 
                
			 | 
            administrative costs, using money to which a school district is  | 
         
         
            | 
                
			 | 
            otherwise entitled under Subsection (b), the commissioner shall  | 
         
         
            | 
                
			 | 
            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)  An institution of higher education that operates an  | 
         
         
            | 
                
			 | 
            educator preparation program that receives money under Subsection  | 
         
         
            | 
                
			 | 
            (h) must spend not less than 85 percent of the money received on the  | 
         
         
            | 
                
			 | 
            educator preparation program for which the money was received. | 
         
         
            | 
                
			 | 
                   (j)  The agency shall 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 the agency; | 
         
         
            | 
                
			 | 
                         (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 the agency; | 
         
         
            | 
                
			 | 
                         (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 the agency 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 the agency. | 
         
         
            | 
                
			 | 
                   SECTION 2.19.  Subchapter G, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.310 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.310.  ALLOTMENT FOR COMPLETION OF TEACHER LITERACY  | 
         
         
            | 
                
			 | 
            OR MATHEMATICS ACHIEVEMENT ACADEMIES.  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 is entitled 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 the agency for the purpose in the amount of: | 
         
         
            | 
                
			 | 
                         (1)  $1,000, or a greater amount set by appropriation  | 
         
         
            | 
                
			 | 
            for that school year, for the completion of a literacy achievement  | 
         
         
            | 
                
			 | 
            academy; or | 
         
         
            | 
                
			 | 
                         (2)  $500, or a greater amount set by appropriation for  | 
         
         
            | 
                
			 | 
            that school year, for the completion of a mathematics achievement  | 
         
         
            | 
                
			 | 
            academy. | 
         
         
            | 
                
			 | 
                   SECTION 2.20.  (a)  The following provisions of the  | 
         
         
            | 
                
			 | 
            Education Code are repealed: | 
         
         
            | 
                
			 | 
                         (1)  Section 21.051(a); and | 
         
         
            | 
                
			 | 
                         (2)  Subchapter Q, Chapter 21. | 
         
         
            | 
                
			 | 
                   (b)  Effective September 1, 2026, Section 48.114, Education  | 
         
         
            | 
                
			 | 
            Code, is repealed. | 
         
         
            | 
                
			 | 
                   (c)  Section 825.4092(f), Government Code, is repealed. | 
         
         
            | 
                
			 | 
                   SECTION 2.21.  Section 12A.004(a), Education Code, as  | 
         
         
            | 
                
			 | 
            amended by this article, applies to each local innovation plan  | 
         
         
            | 
                
			 | 
            adopted under Chapter 12A, Education Code, regardless of whether  | 
         
         
            | 
                
			 | 
            the plan was adopted before, on, or after the effective date of this  | 
         
         
            | 
                
			 | 
            article.  A local innovation plan adopted or renewed before the  | 
         
         
            | 
                
			 | 
            effective date of this article must comply with Section 12A.004(a),  | 
         
         
            | 
                
			 | 
            Education Code, as amended by this article, not later than  | 
         
         
            | 
                
			 | 
            September 1, 2026. | 
         
         
            | 
                
			 | 
                   SECTION 2.22.  (a)  Except as otherwise provided by  | 
         
         
            | 
                
			 | 
            Subsection (b) of this section, this article applies beginning with  | 
         
         
            | 
                
			 | 
            the 2025-2026 school year. | 
         
         
            | 
                
			 | 
                   (b)  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 2.23.  (a)  Sections 48.157 and 48.310, Education  | 
         
         
            | 
                
			 | 
            Code, as added by this article, take effect September 1, 2026. | 
         
         
            | 
                
			 | 
                   (b)  Except as provided by Subsection (a) of this section and  | 
         
         
            | 
                
			 | 
            as otherwise provided by this Act, this article takes effect  | 
         
         
            | 
                
			 | 
            immediately if this Act receives a vote of two-thirds of all the  | 
         
         
            | 
                
			 | 
            members elected to each house, as provided by Section 39, Article  | 
         
         
            | 
                
			 | 
            III, Texas Constitution.  If this Act does not receive the vote  | 
         
         
            | 
                
			 | 
            necessary for immediate effect, this article takes effect September  | 
         
         
            | 
                
			 | 
            1, 2025. | 
         
         
            | 
                
			 | 
            ARTICLE 3.  RIGHTS OF PUBLIC SCHOOL EDUCATORS | 
         
         
            | 
                
			 | 
                   SECTION 3.01.  Section 11.1513, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsections (d) and (e) and adding Subsection (l) to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (d)  The employment policy must provide that not later than  | 
         
         
            | 
                
			 | 
            the fifth [10th] school day before the date on which a district  | 
         
         
            | 
                
			 | 
            fills a vacant position for which a certificate or license is  | 
         
         
            | 
                
			 | 
            required as provided by Section 21.003, other than a position that  | 
         
         
            | 
                
			 | 
            affects the safety and security of students as determined by the  | 
         
         
            | 
                
			 | 
            board of trustees, the district must provide to each current  | 
         
         
            | 
                
			 | 
            district employee:  | 
         
         
            | 
                
			 | 
                         (1)  notice of the position by posting the position on:  | 
         
         
            | 
                
			 | 
                               (A)  a bulletin board at:  | 
         
         
            | 
                
			 | 
                                     (i)  a place convenient to the public in the  | 
         
         
            | 
                
			 | 
            district's central administrative office; and  | 
         
         
            | 
                
			 | 
                                     (ii)  the central administrative office of  | 
         
         
            | 
                
			 | 
            each campus in the district during any time the office is open; or  | 
         
         
            | 
                
			 | 
                               (B)  the district's Internet website, if the  | 
         
         
            | 
                
			 | 
            district has a website; and  | 
         
         
            | 
                
			 | 
                         (2)  a reasonable opportunity to apply for the  | 
         
         
            | 
                
			 | 
            position.  | 
         
         
            | 
                
			 | 
                   (e)  If, during the school year, the district must fill a  | 
         
         
            | 
                
			 | 
            vacant position held by a teacher, as defined by Section 21.201, in  | 
         
         
            | 
                
			 | 
            less than five [10] school days, the district: | 
         
         
            | 
                
			 | 
                         (1)  must provide notice of the position in the manner  | 
         
         
            | 
                
			 | 
            described by Subsection (d)(1) as soon as possible after the  | 
         
         
            | 
                
			 | 
            vacancy occurs;  | 
         
         
            | 
                
			 | 
                         (2)  is not required to provide the notice for five [10]  | 
         
         
            | 
                
			 | 
            school days before filling the position; and  | 
         
         
            | 
                
			 | 
                         (3)  is not required to comply with Subsection (d)(2). | 
         
         
            | 
                
			 | 
                   (l)  The employment policy must 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.  Subchapter B, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 21.0411 and 21.04893 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.0411.  WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND  | 
         
         
            | 
                
			 | 
            CERTIFICATION FEES.  (a)  Notwithstanding a rule adopted under  | 
         
         
            | 
                
			 | 
            Section 21.041(c), the board shall, for a person applying for a  | 
         
         
            | 
                
			 | 
            certification in special education, bilingual education, or  | 
         
         
            | 
                
			 | 
            another area specified by the General Appropriations Act, waive: | 
         
         
            | 
                
			 | 
                         (1)  a certification examination fee imposed by the  | 
         
         
            | 
                
			 | 
            board for the first administration of the examination to the  | 
         
         
            | 
                
			 | 
            person; and | 
         
         
            | 
                
			 | 
                         (2)  a fee associated with the application for  | 
         
         
            | 
                
			 | 
            certification by the person. | 
         
         
            | 
                
			 | 
                   (b)  The board shall 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.  The board shall 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.  Section 21.105, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (c) and adding Subsection (g) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (c)  Subject to Subsections (e), [and] (f), and (g), on  | 
         
         
            | 
                
			 | 
            written complaint by the employing district, the State Board for  | 
         
         
            | 
                
			 | 
            Educator Certification may impose sanctions against a teacher  | 
         
         
            | 
                
			 | 
            employed under a probationary contract who: | 
         
         
            | 
                
			 | 
                         (1)  resigns; | 
         
         
            | 
                
			 | 
                         (2)  fails without good cause to comply with Subsection  | 
         
         
            | 
                
			 | 
            (a) or (b); and | 
         
         
            | 
                
			 | 
                         (3)  fails to perform the contract. | 
         
         
            | 
                
			 | 
                   (g)  The State Board for Educator Certification may not  | 
         
         
            | 
                
			 | 
            impose a sanction under Subsection (c) against a teacher who  | 
         
         
            | 
                
			 | 
            relinquishes a position under a probationary contract and leaves  | 
         
         
            | 
                
			 | 
            the employment of the district after the 45th day before the first  | 
         
         
            | 
                
			 | 
            day of instruction for the upcoming school year in violation of  | 
         
         
            | 
                
			 | 
            Subsection (a) and without the consent of the board of trustees  | 
         
         
            | 
                
			 | 
            under Subsection (b) if the teacher's failure to comply with  | 
         
         
            | 
                
			 | 
            Subsection (a) was due to: | 
         
         
            | 
                
			 | 
                         (1)  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: | 
         
         
            | 
                
			 | 
                               (A)  relocate; or  | 
         
         
            | 
                
			 | 
                               (B)  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.  Section 21.160, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (c) and adding Subsection (g) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (c)  Subject to Subsections (e), [and] (f), and (g), on  | 
         
         
            | 
                
			 | 
            written complaint by the employing district, the State Board for  | 
         
         
            | 
                
			 | 
            Educator Certification may impose sanctions against a teacher who  | 
         
         
            | 
                
			 | 
            is employed under a continuing contract that obligates the district  | 
         
         
            | 
                
			 | 
            to employ the person for the following school year and who: | 
         
         
            | 
                
			 | 
                         (1)  resigns; | 
         
         
            | 
                
			 | 
                         (2)  fails without good cause to comply with Subsection  | 
         
         
            | 
                
			 | 
            (a) or (b); and | 
         
         
            | 
                
			 | 
                         (3)  fails to perform the contract. | 
         
         
            | 
                
			 | 
                   (g)  The State Board for Educator Certification may not  | 
         
         
            | 
                
			 | 
            impose a sanction under Subsection (c) against a teacher who  | 
         
         
            | 
                
			 | 
            relinquishes a position under a continuing contract and leaves the  | 
         
         
            | 
                
			 | 
            employment of the district after the 45th day before the first day  | 
         
         
            | 
                
			 | 
            of instruction of the upcoming school year in violation of  | 
         
         
            | 
                
			 | 
            Subsection (a) and without the consent of the board of trustees  | 
         
         
            | 
                
			 | 
            under Subsection (b) if the teacher's failure to comply with  | 
         
         
            | 
                
			 | 
            Subsection (a) was due to: | 
         
         
            | 
                
			 | 
                         (1)  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: | 
         
         
            | 
                
			 | 
                               (A)  relocate; or  | 
         
         
            | 
                
			 | 
                               (B)  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 3.05.  Section 21.210, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (c) and adding Subsection (g) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (c)  Subject to Subsections (e), [and] (f), and (g), on  | 
         
         
            | 
                
			 | 
            written complaint by the employing district, the State Board for  | 
         
         
            | 
                
			 | 
            Educator Certification may impose sanctions against a teacher who  | 
         
         
            | 
                
			 | 
            is employed under a term contract that obligates the district to  | 
         
         
            | 
                
			 | 
            employ the person for the following school year and who: | 
         
         
            | 
                
			 | 
                         (1)  resigns; | 
         
         
            | 
                
			 | 
                         (2)  fails without good cause to comply with Subsection  | 
         
         
            | 
                
			 | 
            (a) or (b); and | 
         
         
            | 
                
			 | 
                         (3)  fails to perform the contract. | 
         
         
            | 
                
			 | 
                   (g)  The State Board for Educator Certification may not  | 
         
         
            | 
                
			 | 
            impose a sanction under Subsection (c) against a teacher who  | 
         
         
            | 
                
			 | 
            relinquishes a position under a term contract and leaves the  | 
         
         
            | 
                
			 | 
            employment of the district after the 45th day before the first day  | 
         
         
            | 
                
			 | 
            of instruction of the upcoming school year in violation of  | 
         
         
            | 
                
			 | 
            Subsection (a) and without the consent of the board of trustees  | 
         
         
            | 
                
			 | 
            under Subsection (b) if the teacher's failure to comply with  | 
         
         
            | 
                
			 | 
            Subsection (a) was due to: | 
         
         
            | 
                
			 | 
                         (1)  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: | 
         
         
            | 
                
			 | 
                               (A)  relocate; or  | 
         
         
            | 
                
			 | 
                               (B)  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 3.06.  Section 21.257, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (a) and adding Subsection (f) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (a)  Except as provided by Subsection (f), not [Not] later  | 
         
         
            | 
                
			 | 
            than the 60th day after the date on which the commissioner receives  | 
         
         
            | 
                
			 | 
            a teacher's written request for a hearing, the hearing examiner  | 
         
         
            | 
                
			 | 
            shall complete the hearing and make a written recommendation that: | 
         
         
            | 
                
			 | 
                         (1)  includes proposed findings of fact and conclusions  | 
         
         
            | 
                
			 | 
            of law; and | 
         
         
            | 
                
			 | 
                         (2)  may include a proposal for granting relief. | 
         
         
            | 
                
			 | 
                   (f)  The hearing examiner may dismiss a hearing before  | 
         
         
            | 
                
			 | 
            completing the hearing or making a written recommendation if: | 
         
         
            | 
                
			 | 
                         (1)  the teacher requests the dismissal; | 
         
         
            | 
                
			 | 
                         (2)  the school district withdraws the proposed  | 
         
         
            | 
                
			 | 
            decision that is the basis of the hearing; or | 
         
         
            | 
                
			 | 
                         (3)  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.  Subchapter I, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 21.418 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.418.  ELECTION BY TEACHER TO USE UNPAID LEAVE.  The  | 
         
         
            | 
                
			 | 
            board of trustees of a school district shall 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.  Subchapter J, Chapter 21, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 21.466 and 21.468 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.466.  TEACHER QUALITY ASSISTANCE.  (a)  From money  | 
         
         
            | 
                
			 | 
            appropriated or otherwise available for the purpose, the agency  | 
         
         
            | 
                
			 | 
            shall develop training for and provide technical assistance to  | 
         
         
            | 
                
			 | 
            school districts and open-enrollment charter schools regarding: | 
         
         
            | 
                
			 | 
                         (1)  strategic compensation, staffing, and scheduling  | 
         
         
            | 
                
			 | 
            efforts that improve professional growth, teacher leadership and  | 
         
         
            | 
                
			 | 
            mentorship opportunities, and staff retention, including by  | 
         
         
            | 
                
			 | 
            identifying opportunities to reduce noninstructional duties for  | 
         
         
            | 
                
			 | 
            teachers; | 
         
         
            | 
                
			 | 
                         (2)  programs that encourage high school students or  | 
         
         
            | 
                
			 | 
            other members of the community in the area served by the district to  | 
         
         
            | 
                
			 | 
            become teachers, including available teacher apprenticeship  | 
         
         
            | 
                
			 | 
            programs, including by developing partnerships with educator  | 
         
         
            | 
                
			 | 
            preparation programs; and | 
         
         
            | 
                
			 | 
                         (3)  programs or strategies that school leaders may use  | 
         
         
            | 
                
			 | 
            to establish clear and attainable behavior expectations while  | 
         
         
            | 
                
			 | 
            proactively supporting students. | 
         
         
            | 
                
			 | 
                   (b)  From money appropriated or otherwise available, the  | 
         
         
            | 
                
			 | 
            agency shall provide grants to school districts and open-enrollment  | 
         
         
            | 
                
			 | 
            charter schools to implement initiatives developed under this  | 
         
         
            | 
                
			 | 
            section. | 
         
         
            | 
                
			 | 
                   Sec. 21.468.  TEACHER POSITION INFORMATION.  The agency  | 
         
         
            | 
                
			 | 
            shall 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.  The data may be collected  | 
         
         
            | 
                
			 | 
            through the Public Education Information Management System (PEIMS)  | 
         
         
            | 
                
			 | 
            or another electronic reporting mechanism specified by the agency. | 
         
         
            | 
                
			 | 
                   SECTION 3.09.  Section 26.011, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsection (c) to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  A grievance procedure adopted under Subsection (a) must  | 
         
         
            | 
                
			 | 
            require that, for a complaint filed against a teacher or other  | 
         
         
            | 
                
			 | 
            employee, the school district provide: | 
         
         
            | 
                
			 | 
                         (1)  notice of the complaint to the teacher or employee  | 
         
         
            | 
                
			 | 
            against whom the complaint was filed; and | 
         
         
            | 
                
			 | 
                         (2)  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.  Section 37.002, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (b), (c), and (d) and adding Subsections  | 
         
         
            | 
                
			 | 
            (b-2), (b-3), (c-1), (c-2), (e-1), (e-2), and (f) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (b)  A teacher may remove from class a student who: | 
         
         
            | 
                
			 | 
                         (1)  repeatedly interferes [who has been documented by  | 
         
         
            | 
                
			 | 
            the teacher to repeatedly interfere] 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] | 
         
         
            | 
                
			 | 
                         (2)  demonstrates [whose] behavior that is unruly,  | 
         
         
            | 
                
			 | 
            disruptive, or abusive toward the teacher, another adult, or  | 
         
         
            | 
                
			 | 
            another student; or | 
         
         
            | 
                
			 | 
                         (3)  engages in conduct that constitutes bullying, as  | 
         
         
            | 
                
			 | 
            defined by Section 37.0832 [determines is so 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]. | 
         
         
            | 
                
			 | 
                   (b-2)  A teacher, campus behavior coordinator, or other  | 
         
         
            | 
                
			 | 
            appropriate administrator shall notify a parent or person standing  | 
         
         
            | 
                
			 | 
            in parental relation to a student of the removal of a student under  | 
         
         
            | 
                
			 | 
            this section. | 
         
         
            | 
                
			 | 
                   (b-3)  Subject to Sections 28.0022(a)(2) and (d), a teacher  | 
         
         
            | 
                
			 | 
            may 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)  If a teacher removes a student from class under  | 
         
         
            | 
                
			 | 
            Subsection (b), the principal may place the student into another  | 
         
         
            | 
                
			 | 
            appropriate classroom, into in-school suspension, or into a  | 
         
         
            | 
                
			 | 
            disciplinary alternative education program as provided by Section  | 
         
         
            | 
                
			 | 
            37.008.  The principal may not return the student to that teacher's  | 
         
         
            | 
                
			 | 
            class without the teacher's written consent unless the committee  | 
         
         
            | 
                
			 | 
            established under Section 37.003 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).   | 
         
         
            | 
                
			 | 
            The principal may not return 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.   | 
         
         
            | 
                
			 | 
            The principal may only designate an employee of the school whose  | 
         
         
            | 
                
			 | 
            primary duties do not include classroom instruction to create a  | 
         
         
            | 
                
			 | 
            return to class plan.  The terms of the removal may prohibit the  | 
         
         
            | 
                
			 | 
            student from attending or participating in school-sponsored or  | 
         
         
            | 
                
			 | 
            school-related activity. | 
         
         
            | 
                
			 | 
                   (c-1)  A return to class plan required under Subsection (c)  | 
         
         
            | 
                
			 | 
            must be created before or at the conference described by that  | 
         
         
            | 
                
			 | 
            subsection.  A plan created before the conference must be discussed  | 
         
         
            | 
                
			 | 
            at the conference. | 
         
         
            | 
                
			 | 
                   (c-2)  The commissioner shall 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)  A teacher shall remove from class and send to the  | 
         
         
            | 
                
			 | 
            principal for placement in a disciplinary alternative education  | 
         
         
            | 
                
			 | 
            program or for expulsion, as appropriate, a student who engages in  | 
         
         
            | 
                
			 | 
            conduct described under Section 37.006 or 37.007.  The student may  | 
         
         
            | 
                
			 | 
            not be returned to that teacher's class without the teacher's  | 
         
         
            | 
                
			 | 
            written consent unless the committee established under Section  | 
         
         
            | 
                
			 | 
            37.003 determines that such placement is the best or only  | 
         
         
            | 
                
			 | 
            alternative available and a conference in which the teacher has  | 
         
         
            | 
                
			 | 
            been provided an opportunity to participate has been held in  | 
         
         
            | 
                
			 | 
            accordance with Section 37.009(a).  If the teacher removed the  | 
         
         
            | 
                
			 | 
            student from class because the student has engaged in the elements  | 
         
         
            | 
                
			 | 
            of any offense listed in Section 37.006(a)(2)(B) or Section  | 
         
         
            | 
                
			 | 
            37.007(a)(2)(A) or (b)(2)(C) against the teacher, the student may  | 
         
         
            | 
                
			 | 
            not be returned to the teacher's class without the teacher's written  | 
         
         
            | 
                
			 | 
            consent.  The teacher may not be coerced to consent. | 
         
         
            | 
                
			 | 
                   (e-1)  A student may appeal the student's removal from class  | 
         
         
            | 
                
			 | 
            under this section to: | 
         
         
            | 
                
			 | 
                         (1)  the school's placement review committee  | 
         
         
            | 
                
			 | 
            established under Section 37.003; or | 
         
         
            | 
                
			 | 
                         (2)  the safe and supportive school team established  | 
         
         
            | 
                
			 | 
            under Section 37.115, in accordance with a district policy  | 
         
         
            | 
                
			 | 
            providing for such an appeal to be made to the team. | 
         
         
            | 
                
			 | 
                   (e-2)  The principal, campus behavior coordinator, or other  | 
         
         
            | 
                
			 | 
            appropriate administrator shall, at the conference required under  | 
         
         
            | 
                
			 | 
            Section 37.009(a), 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)  Section 37.004 applies to the removal or placement under  | 
         
         
            | 
                
			 | 
            this section of a student with a disability who receives special  | 
         
         
            | 
                
			 | 
            education services. | 
         
         
            | 
                
			 | 
                   SECTION 3.11.  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, is reenacted and amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (c)  The board of trustees of each school district shall  | 
         
         
            | 
                
			 | 
            establish a threat assessment and safe and supportive school team  | 
         
         
            | 
                
			 | 
            to serve at each campus of the district and shall adopt policies and  | 
         
         
            | 
                
			 | 
            procedures for the teams.  The team is responsible for developing  | 
         
         
            | 
                
			 | 
            and implementing the safe and supportive school program under  | 
         
         
            | 
                
			 | 
            Subsection (b) at the district campus served by the team.  The  | 
         
         
            | 
                
			 | 
            policies and procedures adopted under this section must: | 
         
         
            | 
                
			 | 
                         (1)  be consistent with the model policies and  | 
         
         
            | 
                
			 | 
            procedures developed by the Texas School Safety Center; | 
         
         
            | 
                
			 | 
                         (2)  require each team to complete training provided by  | 
         
         
            | 
                
			 | 
            the Texas School Safety Center or a regional education service  | 
         
         
            | 
                
			 | 
            center regarding evidence-based threat assessment programs; | 
         
         
            | 
                
			 | 
                         (3)  require each team established under this section  | 
         
         
            | 
                
			 | 
            to report the information required under Subsection (k) regarding  | 
         
         
            | 
                
			 | 
            the team's activities to the agency; [and] | 
         
         
            | 
                
			 | 
                         (4)  provide for: | 
         
         
            | 
                
			 | 
                               (A)  a district employee who reports a potential  | 
         
         
            | 
                
			 | 
            threat to a team to elect for the employee's identity to be  | 
         
         
            | 
                
			 | 
            confidential and not subject to disclosure under Chapter 552,  | 
         
         
            | 
                
			 | 
            Government Code, except as necessary for the team, the district, or  | 
         
         
            | 
                
			 | 
            law enforcement to investigate the potential threat; and | 
         
         
            | 
                
			 | 
                               (B)  the district to maintain a record of the  | 
         
         
            | 
                
			 | 
            identity of a district employee who elects for the employee's  | 
         
         
            | 
                
			 | 
            identity to be confidential under Paragraph (A); | 
         
         
            | 
                
			 | 
                         (5) [(4)]  require each district campus to establish a  | 
         
         
            | 
                
			 | 
            clear procedure for a student to report concerning behavior  | 
         
         
            | 
                
			 | 
            exhibited by another student for assessment by the team or other  | 
         
         
            | 
                
			 | 
            appropriate school employee; and | 
         
         
            | 
                
			 | 
                         (6)  require 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: | 
         
         
            | 
                
			 | 
                               (A)  a statement of the existence of the threat; | 
         
         
            | 
                
			 | 
                               (B)  the nature of the threat; and | 
         
         
            | 
                
			 | 
                               (C)  any other pertinent details to ensure student  | 
         
         
            | 
                
			 | 
            and staff safety. | 
         
         
            | 
                
			 | 
                   SECTION 3.12.  Section 21.257(f), Education Code, as added  | 
         
         
            | 
                
			 | 
            by this article, applies only to a hearing before a hearing examiner  | 
         
         
            | 
                
			 | 
            commenced on or after the effective date of this article. | 
         
         
            | 
                
			 | 
                   SECTION 3.13.  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.  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.  This article takes effect immediately if this  | 
         
         
            | 
                
			 | 
            Act receives a vote of two-thirds of all the members elected to each  | 
         
         
            | 
                
			 | 
            house, as provided by Section 39, Article III, Texas Constitution.   | 
         
         
            | 
                
			 | 
            If this Act does not receive the vote necessary for immediate  | 
         
         
            | 
                
			 | 
            effect, this article takes effect September 1, 2025. | 
         
         
            | 
                
			 | 
            ARTICLE 4.  SPECIAL EDUCATION | 
         
         
            | 
                
			 | 
                   SECTION 4.01.  Section 7.021(b)(10), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (10)  The agency shall carry out duties assigned under  | 
         
         
            | 
                
			 | 
            Section 30.002 concerning children who have visual impairments, are  | 
         
         
            | 
                
			 | 
            deaf or hard of hearing, or are deaf-blind [with visual  | 
         
         
            | 
                
			 | 
            impairments]. | 
         
         
            | 
                
			 | 
                   SECTION 4.02.  Section 7.055(b)(25), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                         (25)  The commissioner shall develop a system to  | 
         
         
            | 
                
			 | 
            distribute to school districts or regional education service  | 
         
         
            | 
                
			 | 
            centers a special supplemental allowance for students with visual  | 
         
         
            | 
                
			 | 
            impairments as required under Section 30.0021 [30.002]. | 
         
         
            | 
                
			 | 
                   SECTION 4.03.  Section 8.051(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Each regional education service center shall maintain  | 
         
         
            | 
                
			 | 
            core services for purchase by school districts and campuses.  The  | 
         
         
            | 
                
			 | 
            core services are: | 
         
         
            | 
                
			 | 
                         (1)  training and assistance in: | 
         
         
            | 
                
			 | 
                               (A)  teaching each subject area assessed under  | 
         
         
            | 
                
			 | 
            Section 39.023; and | 
         
         
            | 
                
			 | 
                               (B)  providing instruction in personal financial  | 
         
         
            | 
                
			 | 
            literacy as required under Section 28.0021; | 
         
         
            | 
                
			 | 
                         (2)  training and assistance in providing each program  | 
         
         
            | 
                
			 | 
            that qualifies for a funding allotment under Section 48.102,  | 
         
         
            | 
                
			 | 
            48.1021, 48.103, 48.104, 48.105, or 48.109; | 
         
         
            | 
                
			 | 
                         (3)  assistance specifically designed for a school  | 
         
         
            | 
                
			 | 
            district or campus assigned an unacceptable performance rating  | 
         
         
            | 
                
			 | 
            under Section 39.054; | 
         
         
            | 
                
			 | 
                         (4)  training and assistance to teachers,  | 
         
         
            | 
                
			 | 
            administrators, members of district boards of trustees, and members  | 
         
         
            | 
                
			 | 
            of site-based decision-making committees; | 
         
         
            | 
                
			 | 
                         (5)  assistance specifically designed for a school  | 
         
         
            | 
                
			 | 
            district that is considered out of compliance with state or federal  | 
         
         
            | 
                
			 | 
            special education requirements, based on the agency's most recent  | 
         
         
            | 
                
			 | 
            compliance review of the district's special education programs; and | 
         
         
            | 
                
			 | 
                         (6)  assistance in complying with state laws and rules. | 
         
         
            | 
                
			 | 
                   SECTION 4.04.  Sections 28.025(c-7) and (c-8), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c-7)  Subject to Subsection (c-8), a student who is enrolled  | 
         
         
            | 
                
			 | 
            in a special education program under Subchapter A, Chapter 29, may  | 
         
         
            | 
                
			 | 
            earn the distinguished level of achievement under Subsection (b-15)  | 
         
         
            | 
                
			 | 
            or an endorsement on the student's transcript under Subsection  | 
         
         
            | 
                
			 | 
            (c-1) by: | 
         
         
            | 
                
			 | 
                         (1)  successfully completing, with or without  | 
         
         
            | 
                
			 | 
            modification of the curriculum: | 
         
         
            | 
                
			 | 
                               (A)  the curriculum requirements identified by  | 
         
         
            | 
                
			 | 
            the State Board of Education under Subsection (a); [and] | 
         
         
            | 
                
			 | 
                               (B)  for the distinguished level of achievement,  | 
         
         
            | 
                
			 | 
            the additional curriculum requirements prescribed under Subsection  | 
         
         
            | 
                
			 | 
            (b-15); and | 
         
         
            | 
                
			 | 
                               (C)  for an endorsement, the additional  | 
         
         
            | 
                
			 | 
            [endorsement] curriculum requirements prescribed by the State  | 
         
         
            | 
                
			 | 
            Board of Education under Subsection (c-2); and | 
         
         
            | 
                
			 | 
                         (2)  successfully completing all curriculum  | 
         
         
            | 
                
			 | 
            requirements for the distinguished level of achievement or that  | 
         
         
            | 
                
			 | 
            endorsement adopted by the State Board of Education: | 
         
         
            | 
                
			 | 
                               (A)  without modification of the curriculum; or | 
         
         
            | 
                
			 | 
                               (B)  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)  For purposes of Subsection (c-7), the admission,  | 
         
         
            | 
                
			 | 
            review, and dismissal committee of a student in a special education  | 
         
         
            | 
                
			 | 
            program under Subchapter A, Chapter 29, shall 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.  Section 29.001, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.001.  IMPLEMENTATION OF SPECIAL EDUCATION  | 
         
         
            | 
                
			 | 
            LAW [STATEWIDE PLAN].  (a)  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.),  | 
         
         
            | 
                
			 | 
            the [The] agency shall develop, and revise [modify] as necessary, a  | 
         
         
            | 
                
			 | 
            comprehensive system to ensure statewide and local compliance | 
         
         
            | 
                
			 | 
            [design, consistent] with federal and state law related to special  | 
         
         
            | 
                
			 | 
            education[, 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)  The comprehensive system must [statewide design shall]  | 
         
         
            | 
                
			 | 
            include the provision of services primarily through school  | 
         
         
            | 
                
			 | 
            districts and shared services arrangements, supplemented by  | 
         
         
            | 
                
			 | 
            regional education service centers. | 
         
         
            | 
                
			 | 
                   (c)  The comprehensive system must focus on maximizing  | 
         
         
            | 
                
			 | 
            student outcomes and include [agency shall also develop and  | 
         
         
            | 
                
			 | 
            implement a statewide plan with programmatic content that includes  | 
         
         
            | 
                
			 | 
            procedures designed to]: | 
         
         
            | 
                
			 | 
                         (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 [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]; | 
         
         
            | 
                
			 | 
                         (2)  the facilitation of [facilitate] interagency  | 
         
         
            | 
                
			 | 
            coordination when other state agencies are involved in the delivery  | 
         
         
            | 
                
			 | 
            of instructional or related services to students with disabilities; | 
         
         
            | 
                
			 | 
                         (3)  the pursuit of [periodically assess statewide  | 
         
         
            | 
                
			 | 
            personnel needs in all areas of specialization related to special  | 
         
         
            | 
                
			 | 
            education and pursue] strategies to meet statewide special  | 
         
         
            | 
                
			 | 
            education and related services personnel [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]; | 
         
         
            | 
                
			 | 
                         (4)  ensuring [ensure] 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 [direct service delivery and a component designed to  | 
         
         
            | 
                
			 | 
            facilitate] the placement of students with disabilities who cannot  | 
         
         
            | 
                
			 | 
            be appropriately served in their resident districts; | 
         
         
            | 
                
			 | 
                         (5)  [allow the agency to] effectively monitoring | 
         
         
            | 
                
			 | 
            [monitor] and periodically conducting [conduct] site visits of all  | 
         
         
            | 
                
			 | 
            school districts to ensure that rules adopted under this subchapter | 
         
         
            | 
                
			 | 
            [section] are applied in a consistent and uniform manner, to ensure  | 
         
         
            | 
                
			 | 
            that districts are complying with those rules, and to ensure that  | 
         
         
            | 
                
			 | 
            annual statistical reports filed by the districts and not otherwise  | 
         
         
            | 
                
			 | 
            available through the Public Education Information Management  | 
         
         
            | 
                
			 | 
            System under Sections 48.008 and 48.009 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)  [(7)  ensure that] an individualized  | 
         
         
            | 
                
			 | 
            education program for each student with a disability is properly  | 
         
         
            | 
                
			 | 
            developed, implemented, and maintained in the least restrictive  | 
         
         
            | 
                
			 | 
            environment that is appropriate to meet the student's educational  | 
         
         
            | 
                
			 | 
            needs; | 
         
         
            | 
                
			 | 
                               (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)  [(8)  ensure that,] when appropriate, each  | 
         
         
            | 
                
			 | 
            student with a disability is provided an opportunity to participate  | 
         
         
            | 
                
			 | 
            in career and technology and physical education classes[, in  | 
         
         
            | 
                
			 | 
            addition to participating in regular or special classes]; | 
         
         
            | 
                
			 | 
                               (E)  [(9)  ensure that] each student with a  | 
         
         
            | 
                
			 | 
            disability is provided necessary related services; | 
         
         
            | 
                
			 | 
                               (F)  school districts have an opportunity to  | 
         
         
            | 
                
			 | 
            request technical assistance from the agency 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)  [(10)  ensure that] 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: | 
         
         
            | 
                
			 | 
                                     (i) [(A)]  complete a training program that  | 
         
         
            | 
                
			 | 
            complies with minimum standards established by agency rule; | 
         
         
            | 
                
			 | 
                                     (ii) [(B)]  visit the child and the child's  | 
         
         
            | 
                
			 | 
            school; | 
         
         
            | 
                
			 | 
                                     (iii) [(C)]  consult with persons involved  | 
         
         
            | 
                
			 | 
            in the child's education, including teachers, caseworkers,  | 
         
         
            | 
                
			 | 
            court-appointed volunteers, guardians ad litem, attorneys ad  | 
         
         
            | 
                
			 | 
            litem, foster parents, and caretakers; | 
         
         
            | 
                
			 | 
                                     (iv) [(D)]  review the child's educational  | 
         
         
            | 
                
			 | 
            records; | 
         
         
            | 
                
			 | 
                                     (v) [(E)]  attend meetings of the child's  | 
         
         
            | 
                
			 | 
            admission, review, and dismissal committee; | 
         
         
            | 
                
			 | 
                                     (vi) [(F)]  exercise independent judgment  | 
         
         
            | 
                
			 | 
            in pursuing the child's interests; and | 
         
         
            | 
                
			 | 
                                     (vii) [(G)]  exercise the child's due  | 
         
         
            | 
                
			 | 
            process rights under applicable state and federal law; and | 
         
         
            | 
                
			 | 
                               (H)  [(11)  ensure that] each district develops a  | 
         
         
            | 
                
			 | 
            process to be used by a teacher who instructs a student with a  | 
         
         
            | 
                
			 | 
            disability in a general education [regular] classroom setting: | 
         
         
            | 
                
			 | 
                                     (i) [(A)]  to request a review of the  | 
         
         
            | 
                
			 | 
            student's individualized education program; | 
         
         
            | 
                
			 | 
                                     (ii) [(B)]  to provide input in the  | 
         
         
            | 
                
			 | 
            development of the student's individualized education program; | 
         
         
            | 
                
			 | 
                                     (iii) [(C)]  that provides for a timely  | 
         
         
            | 
                
			 | 
            district response to the teacher's request; and | 
         
         
            | 
                
			 | 
                                     (iv) [(D)]  that provides for notification  | 
         
         
            | 
                
			 | 
            to the student's parent or legal guardian of that response. | 
         
         
            | 
                
			 | 
                   SECTION 4.06.  Subchapter A, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 29.0012 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.0012.  ANNUAL MEETING ON SPECIAL EDUCATION.  (a)  At  | 
         
         
            | 
                
			 | 
            least once each year, the board of trustees of a school district or  | 
         
         
            | 
                
			 | 
            the governing body of an open-enrollment charter school shall  | 
         
         
            | 
                
			 | 
            include during a public meeting a discussion of the performance of  | 
         
         
            | 
                
			 | 
            students receiving special education services at the district or  | 
         
         
            | 
                
			 | 
            school. | 
         
         
            | 
                
			 | 
                   (b)  The agency by rule shall 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.  The indicators  | 
         
         
            | 
                
			 | 
            must include performance on the college, career, or military  | 
         
         
            | 
                
			 | 
            readiness outcomes described by Section 48.110. | 
         
         
            | 
                
			 | 
                   SECTION 4.07.  Section 29.003, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.003.  ELIGIBILITY CRITERIA.  (a)  The agency shall  | 
         
         
            | 
                
			 | 
            develop specific eligibility criteria based on the general  | 
         
         
            | 
                
			 | 
            classifications established by this section and in accordance with  | 
         
         
            | 
                
			 | 
            federal law [with reference to contemporary diagnostic or  | 
         
         
            | 
                
			 | 
            evaluative terminologies and techniques].  Eligible students with  | 
         
         
            | 
                
			 | 
            disabilities shall enjoy the right to a free appropriate public  | 
         
         
            | 
                
			 | 
            education, which may include instruction in the general education  | 
         
         
            | 
                
			 | 
            [regular] classroom, instruction through special teaching, or  | 
         
         
            | 
                
			 | 
            instruction through contracts approved under this subchapter.   | 
         
         
            | 
                
			 | 
            Instruction shall be supplemented by the provision of related  | 
         
         
            | 
                
			 | 
            services when appropriate. | 
         
         
            | 
                
			 | 
                   (b)  A student is eligible to participate in a school  | 
         
         
            | 
                
			 | 
            district's special education program [if the student]: | 
         
         
            | 
                
			 | 
                         (1)  from birth through [is not more than] 21 years of  | 
         
         
            | 
                
			 | 
            age if the student [and] has a visual [or auditory] 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;  | 
         
         
            | 
                
			 | 
            [or] | 
         
         
            | 
                
			 | 
                         (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 3 years of age through [is at least three but  | 
         
         
            | 
                
			 | 
            not more than] 21 years of age if the student [and] has one or more  | 
         
         
            | 
                
			 | 
            of the [following] 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[: | 
         
         
            | 
                
			 | 
                               [(A)  physical disability; | 
         
         
            | 
                
			 | 
                               [(B)  intellectual or developmental disability; | 
         
         
            | 
                
			 | 
                               [(C)  emotional disturbance; | 
         
         
            | 
                
			 | 
                               [(D)  learning disability; | 
         
         
            | 
                
			 | 
                               [(E)  autism; | 
         
         
            | 
                
			 | 
                               [(F)  speech disability; or | 
         
         
            | 
                
			 | 
                               [(G)  traumatic brain injury]. | 
         
         
            | 
                
			 | 
                   SECTION 4.08.  Sections 29.005(a), (d), and (e), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Before a child is enrolled in a special education  | 
         
         
            | 
                
			 | 
            program of a school district, the district shall establish a  | 
         
         
            | 
                
			 | 
            committee composed of the persons required under 20 U.S.C. Section  | 
         
         
            | 
                
			 | 
            1414(d) to develop the child's individualized education program.   | 
         
         
            | 
                
			 | 
            If a committee is required to include a general [regular] education  | 
         
         
            | 
                
			 | 
            teacher, the [regular education] teacher included must, to the  | 
         
         
            | 
                
			 | 
            extent practicable, be a teacher who is responsible for  | 
         
         
            | 
                
			 | 
            implementing a portion of the child's individualized education  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   (d)  If the primary language of the child's parent is a  | 
         
         
            | 
                
			 | 
            language other than [is unable to speak] English, the district  | 
         
         
            | 
                
			 | 
            shall: | 
         
         
            | 
                
			 | 
                         (1)  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 [native] language;  | 
         
         
            | 
                
			 | 
            or | 
         
         
            | 
                
			 | 
                         (2)  if the parent's primary [native] 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 [native] language. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner by rule may require a school district  | 
         
         
            | 
                
			 | 
            to include in the individualized education program of a student  | 
         
         
            | 
                
			 | 
            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.  Section 29.0051, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by adding Subsection (d) to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  From federal money appropriated or otherwise available  | 
         
         
            | 
                
			 | 
            for the purpose, the commissioner may develop or procure the model  | 
         
         
            | 
                
			 | 
            form developed under Subsection (a) in a digital format.  If the  | 
         
         
            | 
                
			 | 
            commissioner develops or procures the model form in a digital  | 
         
         
            | 
                
			 | 
            format, the commissioner shall adopt rules regarding school  | 
         
         
            | 
                
			 | 
            district use of the form in that format. | 
         
         
            | 
                
			 | 
                   SECTION 4.10.  Subchapter A, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 29.0056 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.0056.  INFORMATION REGARDING STATE SUPPORTED LIVING  | 
         
         
            | 
                
			 | 
            CENTERS.  (a)  In this section, "state supported living center" has  | 
         
         
            | 
                
			 | 
            the meaning assigned by Section 531.002, Health and Safety Code. | 
         
         
            | 
                
			 | 
                   (b)  The Health and Human Services Commission, in  | 
         
         
            | 
                
			 | 
            collaboration with the agency and stakeholders who represent the  | 
         
         
            | 
                
			 | 
            full continuum of educational residential placement options, shall  | 
         
         
            | 
                
			 | 
            develop and provide to the agency materials regarding educational  | 
         
         
            | 
                
			 | 
            residential placement options for children who may qualify for  | 
         
         
            | 
                
			 | 
            placement in a state supported living center.  The agency shall make  | 
         
         
            | 
                
			 | 
            the materials developed under this subsection available to school  | 
         
         
            | 
                
			 | 
            districts. | 
         
         
            | 
                
			 | 
                   (c)  At a meeting of a child's admission, review, and  | 
         
         
            | 
                
			 | 
            dismissal committee at which residential placement is discussed,  | 
         
         
            | 
                
			 | 
            the school district shall provide to the child's parent the  | 
         
         
            | 
                
			 | 
            materials developed under Subsection (b). | 
         
         
            | 
                
			 | 
                   SECTION 4.11.  Sections 29.006(a) and (c), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The governor shall appoint a continuing advisory  | 
         
         
            | 
                
			 | 
            committee consistent with[, composed of 17 members, under] 20  | 
         
         
            | 
                
			 | 
            U.S.C. Section 1412(a)(21).  At least one member appointed under  | 
         
         
            | 
                
			 | 
            this subsection must be a director of special education programs  | 
         
         
            | 
                
			 | 
            for a school district. | 
         
         
            | 
                
			 | 
                   (c)  Members of the committee are appointed for staggered  | 
         
         
            | 
                
			 | 
            terms of four years with the terms of half of the [eight or nine]  | 
         
         
            | 
                
			 | 
            members or, for an odd number of members, half of the members  | 
         
         
            | 
                
			 | 
            rounded down or half of the members rounded up expiring on February  | 
         
         
            | 
                
			 | 
            1 of each odd-numbered year. | 
         
         
            | 
                
			 | 
                   SECTION 4.12.  Section 29.008, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.008.  CONTRACTS FOR SERVICES; RESIDENTIAL AND DAY | 
         
         
            | 
                
			 | 
            PLACEMENT PROGRAMS.  (a)  The commissioner shall 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 [A] school  | 
         
         
            | 
                
			 | 
            district, shared services arrangement unit, or regional education  | 
         
         
            | 
                
			 | 
            service center may contract with [a public or private facility,  | 
         
         
            | 
                
			 | 
            institution, or agency inside or outside of this state] for the  | 
         
         
            | 
                
			 | 
            provision of services to students with disabilities in a  | 
         
         
            | 
                
			 | 
            residential or day placement program. | 
         
         
            | 
                
			 | 
                   (a-1)  [Each contract for residential placement must be  | 
         
         
            | 
                
			 | 
            approved by the commissioner.]  The commissioner may approve a  | 
         
         
            | 
                
			 | 
            facility, institution, agency, or business under Subsection (a)  | 
         
         
            | 
                
			 | 
            [residential placement contract] only after at least a programmatic  | 
         
         
            | 
                
			 | 
            evaluation of personnel qualifications, costs, adequacy of  | 
         
         
            | 
                
			 | 
            physical plant and equipment, and curriculum content.  [The  | 
         
         
            | 
                
			 | 
            commissioner may approve either the whole or a part of a facility or  | 
         
         
            | 
                
			 | 
            program.] | 
         
         
            | 
                
			 | 
                   (a-2)  Each contract described by this section must be  | 
         
         
            | 
                
			 | 
            approved by the commissioner.  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) must submit to the  | 
         
         
            | 
                
			 | 
            commissioner an application for approval in accordance with  | 
         
         
            | 
                
			 | 
            Subsections (a) and (a-1). | 
         
         
            | 
                
			 | 
                   (b)  Except as provided by Subsection (c), costs of an  | 
         
         
            | 
                
			 | 
            approved contract for residential placement may be paid from a  | 
         
         
            | 
                
			 | 
            combination of federal, state, and local funds.  The local share of  | 
         
         
            | 
                
			 | 
            the total contract cost for each student is that portion of the  | 
         
         
            | 
                
			 | 
            local tax effort that exceeds the district's local fund assignment  | 
         
         
            | 
                
			 | 
            under Section 48.256, divided by the average daily attendance in  | 
         
         
            | 
                
			 | 
            the district.  If the contract involves a private facility, the  | 
         
         
            | 
                
			 | 
            state share of the total contract cost is that amount remaining  | 
         
         
            | 
                
			 | 
            after subtracting the local share.  If the contract involves a  | 
         
         
            | 
                
			 | 
            public facility, the state share is that amount remaining after  | 
         
         
            | 
                
			 | 
            subtracting the local share from the portion of the contract that  | 
         
         
            | 
                
			 | 
            involves the costs of instructional and related services.  For  | 
         
         
            | 
                
			 | 
            purposes of this subsection, "local tax effort" means the total  | 
         
         
            | 
                
			 | 
            amount of money generated by taxes imposed for debt service and  | 
         
         
            | 
                
			 | 
            maintenance and operation less any amounts paid into a tax  | 
         
         
            | 
                
			 | 
            increment fund under Chapter 311, Tax Code.  This subsection  | 
         
         
            | 
                
			 | 
            expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   (c)  When a student, including one for whom the state is  | 
         
         
            | 
                
			 | 
            managing conservator, is placed primarily for care or treatment  | 
         
         
            | 
                
			 | 
            reasons in a private [residential] facility that operates its own  | 
         
         
            | 
                
			 | 
            private education program, none of the costs may be paid from public  | 
         
         
            | 
                
			 | 
            education funds.  If a [residential] placement primarily for care  | 
         
         
            | 
                
			 | 
            or treatment reasons involves a private [residential] facility in  | 
         
         
            | 
                
			 | 
            which the education program is provided by the school district, the  | 
         
         
            | 
                
			 | 
            portion of the costs that includes appropriate education services,  | 
         
         
            | 
                
			 | 
            as determined by the school district's admission, review, and  | 
         
         
            | 
                
			 | 
            dismissal committee, shall be paid from local, state, and federal  | 
         
         
            | 
                
			 | 
            education funds. | 
         
         
            | 
                
			 | 
                   (d)  A district that contracts for the provision of education  | 
         
         
            | 
                
			 | 
            services rather than providing the services itself shall oversee  | 
         
         
            | 
                
			 | 
            the implementation of the student's individualized education  | 
         
         
            | 
                
			 | 
            program and shall annually reevaluate the appropriateness of the  | 
         
         
            | 
                
			 | 
            arrangement.  The reevaluation must include standards and  | 
         
         
            | 
                
			 | 
            expectations that must be met to reintegrate the student to the  | 
         
         
            | 
                
			 | 
            general education setting.  An approved facility, institution, [or]  | 
         
         
            | 
                
			 | 
            agency, or business with whom the district contracts shall  | 
         
         
            | 
                
			 | 
            periodically report to the district and the agency on the services  | 
         
         
            | 
                
			 | 
            the student has received or will receive in accordance with the  | 
         
         
            | 
                
			 | 
            contract as well as diagnostic or other evaluative information that  | 
         
         
            | 
                
			 | 
            the district or agency requires in order to fulfill its obligations  | 
         
         
            | 
                
			 | 
            under this subchapter. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner shall adopt rules for residential and  | 
         
         
            | 
                
			 | 
            day placement of students receiving special education services. | 
         
         
            | 
                
			 | 
                   SECTION 4.13.  The heading to Section 29.009, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.009.  PUBLIC NOTICE CONCERNING EARLY CHILDHOOD  | 
         
         
            | 
                
			 | 
            SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH  | 
         
         
            | 
                
			 | 
            DISABILITIES]. | 
         
         
            | 
                
			 | 
                   SECTION 4.14.  Section 29.010, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.010.  GENERAL SUPERVISION AND COMPLIANCE.  (a)  The  | 
         
         
            | 
                
			 | 
            agency shall develop [adopt] and implement a comprehensive system  | 
         
         
            | 
                
			 | 
            for monitoring school district compliance with federal and state  | 
         
         
            | 
                
			 | 
            laws relating to special education.  The monitoring system must  | 
         
         
            | 
                
			 | 
            include a comprehensive cyclical process and a targeted risk-based  | 
         
         
            | 
                
			 | 
            process [provide for ongoing analysis of district special education  | 
         
         
            | 
                
			 | 
            data and of complaints filed with the agency concerning special  | 
         
         
            | 
                
			 | 
            education services and for inspections of school districts at  | 
         
         
            | 
                
			 | 
            district facilities].  The agency shall establish criteria and  | 
         
         
            | 
                
			 | 
            instruments for use in determining district compliance under this  | 
         
         
            | 
                
			 | 
            section [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)  As part of the monitoring system, the agency may  | 
         
         
            | 
                
			 | 
            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)  As part of the monitoring process [To complete the  | 
         
         
            | 
                
			 | 
            inspection], the agency must obtain information from parents and  | 
         
         
            | 
                
			 | 
            teachers of students in special education programs in the district. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall develop and implement a system of  | 
         
         
            | 
                
			 | 
            interventions and sanctions for school districts the agency  | 
         
         
            | 
                
			 | 
            identifies as being in noncompliance with [whose most recent  | 
         
         
            | 
                
			 | 
            monitoring visit shows a failure to comply with major requirements  | 
         
         
            | 
                
			 | 
            of] the Individuals with Disabilities Education Act (20 U.S.C.  | 
         
         
            | 
                
			 | 
            Section 1400 et seq.), federal regulations, state statutes, or  | 
         
         
            | 
                
			 | 
            agency requirements necessary to carry out federal law or  | 
         
         
            | 
                
			 | 
            regulations or state law relating to special education. | 
         
         
            | 
                
			 | 
                   (d)  The agency shall establish a system of progressive  | 
         
         
            | 
                
			 | 
            sanctions and enforcement provisions to apply to [For] districts  | 
         
         
            | 
                
			 | 
            that remain in noncompliance for more than one year[, the first  | 
         
         
            | 
                
			 | 
            stage of sanctions shall begin with annual or more frequent  | 
         
         
            | 
                
			 | 
            monitoring visits].  The [Subsequent] sanctions must [may] range in  | 
         
         
            | 
                
			 | 
            severity and may include [up to] the withholding of funds.  If funds  | 
         
         
            | 
                
			 | 
            are withheld, the agency may 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. | 
         
         
            | 
                
			 | 
                   (e)  The agency's complaint management division shall  | 
         
         
            | 
                
			 | 
            develop a system for expedited investigation and resolution of  | 
         
         
            | 
                
			 | 
            complaints concerning a district's failure to provide special  | 
         
         
            | 
                
			 | 
            education or related services to a student eligible to participate  | 
         
         
            | 
                
			 | 
            in the district's special education program. | 
         
         
            | 
                
			 | 
                   [(f)  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.  Section 29.012(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  The Texas Education Agency, the Health and Human  | 
         
         
            | 
                
			 | 
            Services Commission, the Department of Family and Protective  | 
         
         
            | 
                
			 | 
            Services, and the Texas Juvenile Justice Department by a  | 
         
         
            | 
                
			 | 
            cooperative effort shall develop and [by rule] adopt a memorandum  | 
         
         
            | 
                
			 | 
            of understanding.  The memorandum must: | 
         
         
            | 
                
			 | 
                         (1)  establish the respective responsibilities of  | 
         
         
            | 
                
			 | 
            school districts and of residential facilities for the provision of  | 
         
         
            | 
                
			 | 
            a free, appropriate public education, as required by the  | 
         
         
            | 
                
			 | 
            Individuals with Disabilities Education Act (20 U.S.C. Section 1400  | 
         
         
            | 
                
			 | 
            et seq.) and its subsequent amendments, including each requirement  | 
         
         
            | 
                
			 | 
            for children with disabilities who reside in those facilities; | 
         
         
            | 
                
			 | 
                         (2)  coordinate regulatory and planning functions of  | 
         
         
            | 
                
			 | 
            the parties to the memorandum; | 
         
         
            | 
                
			 | 
                         (3)  establish criteria for determining when a public  | 
         
         
            | 
                
			 | 
            school will provide educational services; | 
         
         
            | 
                
			 | 
                         (4)  provide for appropriate educational space when  | 
         
         
            | 
                
			 | 
            education services will be provided at the residential facility; | 
         
         
            | 
                
			 | 
                         (5)  establish measures designed to ensure the safety  | 
         
         
            | 
                
			 | 
            of students and teachers; and | 
         
         
            | 
                
			 | 
                         (6)  provide for binding arbitration consistent with  | 
         
         
            | 
                
			 | 
            Chapter 2009, Government Code, and Section 154.027, Civil Practice  | 
         
         
            | 
                
			 | 
            and Remedies Code. | 
         
         
            | 
                
			 | 
                   SECTION 4.16.  Section 29.013, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.013.  NONEDUCATIONAL COMMUNITY-BASED SUPPORT  | 
         
         
            | 
                
			 | 
            SERVICES GRANTS FOR CERTAIN STUDENTS WITH DISABILITIES.  (a)  The  | 
         
         
            | 
                
			 | 
            commissioner [agency] shall adopt rules establishing [establish]  | 
         
         
            | 
                
			 | 
            procedures and criteria for the allocation of grants [funds  | 
         
         
            | 
                
			 | 
            appropriated] under this section to students who are eligible under  | 
         
         
            | 
                
			 | 
            Subsection (b) and the students' families [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)  A grant [The funds] may be awarded under this section | 
         
         
            | 
                
			 | 
            [used] only to a student with a disability [for eligible students  | 
         
         
            | 
                
			 | 
            with disabilities] who is [would remain or would have to be] placed  | 
         
         
            | 
                
			 | 
            by the student's admission, review, and dismissal committee in: | 
         
         
            | 
                
			 | 
                         (1)  a residential program approved under Section  | 
         
         
            | 
                
			 | 
            29.008; or | 
         
         
            | 
                
			 | 
                         (2)  a day placement program and is at risk of being  | 
         
         
            | 
                
			 | 
            placed in a residential program approved under Section 29.008 | 
         
         
            | 
                
			 | 
            [facilities primarily for educational reasons without the  | 
         
         
            | 
                
			 | 
            provision of noneducational community-based support services]. | 
         
         
            | 
                
			 | 
                   (c)  The support services may not be related to the provision  | 
         
         
            | 
                
			 | 
            of a free appropriate public education to the student and may  | 
         
         
            | 
                
			 | 
            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 [families with a  | 
         
         
            | 
                
			 | 
            student who otherwise would have been placed by a district in a  | 
         
         
            | 
                
			 | 
            private residential facility]. | 
         
         
            | 
                
			 | 
                   (d)  A school district shall: | 
         
         
            | 
                
			 | 
                         (1)  notify the parent of a student described by  | 
         
         
            | 
                
			 | 
            Subsection (b) of the availability of grants under this section;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  designate a campus or district staff member to  | 
         
         
            | 
                
			 | 
            assist families of students described by Subsection (b) in  | 
         
         
            | 
                
			 | 
            accessing grants under this section. | 
         
         
            | 
                
			 | 
                   (e)  On request by the parent of a student described by  | 
         
         
            | 
                
			 | 
            Subsection (b), the commissioner shall create an account for the  | 
         
         
            | 
                
			 | 
            student to access a grant under this section through which the  | 
         
         
            | 
                
			 | 
            parent may request payment for approved support services. | 
         
         
            | 
                
			 | 
                   (f)  In adopting rules under this section, the commissioner  | 
         
         
            | 
                
			 | 
            shall 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)  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 [of noneducational  | 
         
         
            | 
                
			 | 
            community-based support services] to enable any student with  | 
         
         
            | 
                
			 | 
            disabilities to receive a free appropriate public education in the  | 
         
         
            | 
                
			 | 
            least restrictive environment.  [Specifically, services provided  | 
         
         
            | 
                
			 | 
            under this section may not be 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)  The commissioner may designate a regional education  | 
         
         
            | 
                
			 | 
            service center to administer grants under this section. | 
         
         
            | 
                
			 | 
                   SECTION 4.17.  Sections 29.014(c) and (d), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  Notwithstanding any other provision of this code, a  | 
         
         
            | 
                
			 | 
            student whose appropriate education program is a general [regular]  | 
         
         
            | 
                
			 | 
            education program may receive services and be counted for  | 
         
         
            | 
                
			 | 
            attendance purposes for the number of hours per week appropriate  | 
         
         
            | 
                
			 | 
            for the student's condition if the student: | 
         
         
            | 
                
			 | 
                         (1)  is temporarily classified as eligible for  | 
         
         
            | 
                
			 | 
            participation in a special education program because of the  | 
         
         
            | 
                
			 | 
            student's confinement in a hospital; and | 
         
         
            | 
                
			 | 
                         (2)  the student's education is provided by a district  | 
         
         
            | 
                
			 | 
            to which this section applies. | 
         
         
            | 
                
			 | 
                   (d)  The basic allotment for a student enrolled in a district  | 
         
         
            | 
                
			 | 
            to which this section applies is adjusted by the tier of intensity  | 
         
         
            | 
                
			 | 
            of service defined in accordance with [weight for a homebound  | 
         
         
            | 
                
			 | 
            student under] Section 48.102 and designated by commissioner rule  | 
         
         
            | 
                
			 | 
            for use under this section [48.102(a)]. | 
         
         
            | 
                
			 | 
                   SECTION 4.18.  Section 29.0162(b), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The commissioner by rule shall adopt additional  | 
         
         
            | 
                
			 | 
            qualifications and requirements for a representative for purposes  | 
         
         
            | 
                
			 | 
            of Subsection (a)(2).  The rules must: | 
         
         
            | 
                
			 | 
                         (1)  prohibit an individual from being a representative  | 
         
         
            | 
                
			 | 
            under Subsection (a)(2) opposing a school district if: | 
         
         
            | 
                
			 | 
                               (A)  the individual has prior employment  | 
         
         
            | 
                
			 | 
            experience with the district; and | 
         
         
            | 
                
			 | 
                               (B)  the district raises an objection to the  | 
         
         
            | 
                
			 | 
            individual serving as a representative; | 
         
         
            | 
                
			 | 
                         (2)  include requirements that the representative have  | 
         
         
            | 
                
			 | 
            knowledge of: | 
         
         
            | 
                
			 | 
                               (A)  all special education dispute resolution  | 
         
         
            | 
                
			 | 
            options available to parents, including due process and due process | 
         
         
            | 
                
			 | 
            rules, hearings, and procedure; and | 
         
         
            | 
                
			 | 
                               (B)  federal and state special education laws; | 
         
         
            | 
                
			 | 
                         (3)  require, if the representative receives monetary  | 
         
         
            | 
                
			 | 
            compensation from a person for representation in an impartial due  | 
         
         
            | 
                
			 | 
            process hearing, that the representative agree to abide by a  | 
         
         
            | 
                
			 | 
            voluntary code of ethics and professional conduct during the period  | 
         
         
            | 
                
			 | 
            of representation; and | 
         
         
            | 
                
			 | 
                         (4)  require, if the representative receives monetary  | 
         
         
            | 
                
			 | 
            compensation from a person for representation in an impartial due  | 
         
         
            | 
                
			 | 
            process hearing, that the representative enter into a written  | 
         
         
            | 
                
			 | 
            agreement for representation with the person who is the subject of  | 
         
         
            | 
                
			 | 
            the special education due process hearing that includes a process  | 
         
         
            | 
                
			 | 
            for resolving any disputes between the representative and the  | 
         
         
            | 
                
			 | 
            person. | 
         
         
            | 
                
			 | 
                   SECTION 4.19.  Section 29.018(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A school district is eligible to apply for a grant under  | 
         
         
            | 
                
			 | 
            this section if: | 
         
         
            | 
                
			 | 
                         (1)  the district does not receive sufficient funds,  | 
         
         
            | 
                
			 | 
            including state funds provided under Sections [Section] 48.102 and  | 
         
         
            | 
                
			 | 
            48.1021 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 [Section] 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.  The heading to Section 29.020, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.020.  STATE-ADMINISTERED INDIVIDUALIZED EDUCATION  | 
         
         
            | 
                
			 | 
            PROGRAM FACILITATION [PROJECT]. | 
         
         
            | 
                
			 | 
                   SECTION 4.21.  Sections 29.020(a) and (c), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency shall develop rules in accordance with this  | 
         
         
            | 
                
			 | 
            section applicable to state-administered [the administration of a  | 
         
         
            | 
                
			 | 
            state] individualized education program facilitation [project].   | 
         
         
            | 
                
			 | 
            The program shall include the provision of an independent  | 
         
         
            | 
                
			 | 
            individualized education program facilitator as a dispute  | 
         
         
            | 
                
			 | 
            resolution method that may 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.  Facilitation [implemented under the  | 
         
         
            | 
                
			 | 
            project] must comply with rules developed under this subsection. | 
         
         
            | 
                
			 | 
                   (c)  If the commissioner determines that adequate funding is  | 
         
         
            | 
                
			 | 
            available, the commissioner may authorize the use of federal funds  | 
         
         
            | 
                
			 | 
            to implement [the] individualized education program facilitation  | 
         
         
            | 
                
			 | 
            [project] in accordance with this section. | 
         
         
            | 
                
			 | 
                   SECTION 4.22.  Sections 29.022(a), (a-1), (b), (c), (c-1),  | 
         
         
            | 
                
			 | 
            (d), (f), (h), (k), (l), (q), (s), and (t), Education Code, are  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  In order to promote student safety, on receipt of a  | 
         
         
            | 
                
			 | 
            written request authorized under Subsection (a-1), a school  | 
         
         
            | 
                
			 | 
            district or open-enrollment charter school shall provide  | 
         
         
            | 
                
			 | 
            equipment, including a video camera, to the school or schools in the  | 
         
         
            | 
                
			 | 
            district or the charter school campus or campuses specified in the  | 
         
         
            | 
                
			 | 
            request.  A school or campus that receives equipment as provided by  | 
         
         
            | 
                
			 | 
            this subsection shall place, operate, and maintain one or more  | 
         
         
            | 
                
			 | 
            video cameras in special education [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], provided that: | 
         
         
            | 
                
			 | 
                         (1)  a school or campus that receives equipment as a  | 
         
         
            | 
                
			 | 
            result of the request by a parent or staff member is required to  | 
         
         
            | 
                
			 | 
            place equipment only in classrooms or settings in which the  | 
         
         
            | 
                
			 | 
            parent's child is in regular attendance or to which the staff member  | 
         
         
            | 
                
			 | 
            is assigned, as applicable; and | 
         
         
            | 
                
			 | 
                         (2)  a school or campus that receives equipment as a  | 
         
         
            | 
                
			 | 
            result of the request by a board of trustees, governing body,  | 
         
         
            | 
                
			 | 
            principal, or assistant principal is required to place equipment  | 
         
         
            | 
                
			 | 
            only in classrooms or settings identified by the requestor, if the  | 
         
         
            | 
                
			 | 
            requestor limits the request to specific classrooms or settings  | 
         
         
            | 
                
			 | 
            subject to this subsection. | 
         
         
            | 
                
			 | 
                   (a-1)  For purposes of Subsection (a): | 
         
         
            | 
                
			 | 
                         (1)  a parent of a child who receives special education  | 
         
         
            | 
                
			 | 
            services in one or more special education [self-contained]  | 
         
         
            | 
                
			 | 
            classrooms or other special education settings may request in  | 
         
         
            | 
                
			 | 
            writing that equipment be provided to the school or campus at which  | 
         
         
            | 
                
			 | 
            the child receives those services; | 
         
         
            | 
                
			 | 
                         (2)  a board of trustees or governing body may request  | 
         
         
            | 
                
			 | 
            in writing that equipment be provided to one or more specified  | 
         
         
            | 
                
			 | 
            schools or campuses at which one or more children receive special  | 
         
         
            | 
                
			 | 
            education services in special education [self-contained]  | 
         
         
            | 
                
			 | 
            classrooms or other special education settings; | 
         
         
            | 
                
			 | 
                         (3)  the principal or assistant principal of a school  | 
         
         
            | 
                
			 | 
            or campus at which one or more children receive special education  | 
         
         
            | 
                
			 | 
            services in special education [self-contained] classrooms or other  | 
         
         
            | 
                
			 | 
            special education settings may request in writing that equipment be  | 
         
         
            | 
                
			 | 
            provided to the principal's or assistant principal's school or  | 
         
         
            | 
                
			 | 
            campus; and | 
         
         
            | 
                
			 | 
                         (4)  a staff member assigned to work with one or more  | 
         
         
            | 
                
			 | 
            children receiving special education services in special education | 
         
         
            | 
                
			 | 
            [self-contained] classrooms or other special education settings  | 
         
         
            | 
                
			 | 
            may request in writing that equipment be provided to the school or  | 
         
         
            | 
                
			 | 
            campus at which the staff member works. | 
         
         
            | 
                
			 | 
                   (b)  A school or campus that places a video camera in a  | 
         
         
            | 
                
			 | 
            special education classroom or other special education setting in  | 
         
         
            | 
                
			 | 
            accordance with Subsection (a) shall operate and maintain the video  | 
         
         
            | 
                
			 | 
            camera in the classroom or setting, as long as the classroom or  | 
         
         
            | 
                
			 | 
            setting continues to satisfy the requirements under Subsection (a),  | 
         
         
            | 
                
			 | 
            for the remainder of the school year in which the school or campus  | 
         
         
            | 
                
			 | 
            received the request, unless the requestor withdraws the request in  | 
         
         
            | 
                
			 | 
            writing.  If for any reason a school or campus will discontinue  | 
         
         
            | 
                
			 | 
            operation of a video camera during a school year, not later than the  | 
         
         
            | 
                
			 | 
            fifth school day before the date the operation of the video camera  | 
         
         
            | 
                
			 | 
            will be discontinued, the school or campus must notify the parents  | 
         
         
            | 
                
			 | 
            of each student in regular attendance in the classroom or setting  | 
         
         
            | 
                
			 | 
            that operation of the video camera will not continue unless  | 
         
         
            | 
                
			 | 
            requested by a person eligible to make a request under Subsection  | 
         
         
            | 
                
			 | 
            (a-1).  Not later than the 10th school day before the end of each  | 
         
         
            | 
                
			 | 
            school year, the school or campus must notify the parents of each  | 
         
         
            | 
                
			 | 
            student in regular attendance in the classroom or setting that  | 
         
         
            | 
                
			 | 
            operation of the video camera will not continue during the  | 
         
         
            | 
                
			 | 
            following school year unless a person eligible to make a request for  | 
         
         
            | 
                
			 | 
            the next school year under Subsection (a-1) submits a new request. | 
         
         
            | 
                
			 | 
                   (c)  Except as provided by Subsection (c-1), video cameras  | 
         
         
            | 
                
			 | 
            placed under this section must be capable of: | 
         
         
            | 
                
			 | 
                         (1)  covering all areas of the special education | 
         
         
            | 
                
			 | 
            classroom or other special education setting, including a room  | 
         
         
            | 
                
			 | 
            attached to the classroom or setting used for time-out; and | 
         
         
            | 
                
			 | 
                         (2)  recording audio from all areas of the special  | 
         
         
            | 
                
			 | 
            education classroom or other special education setting, including a  | 
         
         
            | 
                
			 | 
            room attached to the classroom or setting used for time-out. | 
         
         
            | 
                
			 | 
                   (c-1)  The inside of a bathroom or any area in the special  | 
         
         
            | 
                
			 | 
            education classroom or other special education setting in which a  | 
         
         
            | 
                
			 | 
            student's clothes are changed may not be visually monitored, except  | 
         
         
            | 
                
			 | 
            for incidental coverage of a minor portion of a bathroom or changing  | 
         
         
            | 
                
			 | 
            area because of the layout of the classroom or setting. | 
         
         
            | 
                
			 | 
                   (d)  Before a school or campus activates a video camera in a  | 
         
         
            | 
                
			 | 
            special education classroom or other special education setting  | 
         
         
            | 
                
			 | 
            under this section, the school or campus shall provide written  | 
         
         
            | 
                
			 | 
            notice of the placement to all school or campus staff and to the  | 
         
         
            | 
                
			 | 
            parents of each student attending class or engaging in school  | 
         
         
            | 
                
			 | 
            activities in the classroom or setting. | 
         
         
            | 
                
			 | 
                   (f)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            solicit and accept gifts, grants, and donations from any person for  | 
         
         
            | 
                
			 | 
            use in placing video cameras in special education classrooms or  | 
         
         
            | 
                
			 | 
            other special education settings under this section. | 
         
         
            | 
                
			 | 
                   (h)  A school district or open-enrollment charter school may  | 
         
         
            | 
                
			 | 
            not: | 
         
         
            | 
                
			 | 
                         (1)  allow regular or continual monitoring of video  | 
         
         
            | 
                
			 | 
            recorded under this section; or | 
         
         
            | 
                
			 | 
                         (2)  use video recorded under this section for teacher  | 
         
         
            | 
                
			 | 
            evaluation or for any other purpose other than the promotion of  | 
         
         
            | 
                
			 | 
            safety of students receiving special education services in a  | 
         
         
            | 
                
			 | 
            special education [self-contained] classroom or other special  | 
         
         
            | 
                
			 | 
            education setting. | 
         
         
            | 
                
			 | 
                   (k)  The commissioner may adopt rules to implement and  | 
         
         
            | 
                
			 | 
            administer this section, including rules regarding the special  | 
         
         
            | 
                
			 | 
            education classrooms and other special education settings to which  | 
         
         
            | 
                
			 | 
            this section applies. | 
         
         
            | 
                
			 | 
                   (l)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            policy relating to the placement, operation, or maintenance of  | 
         
         
            | 
                
			 | 
            video cameras under this section must: | 
         
         
            | 
                
			 | 
                         (1)  include information on how a person may appeal an  | 
         
         
            | 
                
			 | 
            action by the district or school that the person believes to be in  | 
         
         
            | 
                
			 | 
            violation of this section or a policy adopted in accordance with  | 
         
         
            | 
                
			 | 
            this section, including the appeals process under Section 7.057; | 
         
         
            | 
                
			 | 
                         (2)  require that the district or school provide a  | 
         
         
            | 
                
			 | 
            response to a request made under this section not later than the  | 
         
         
            | 
                
			 | 
            seventh school business day after receipt of the request by the  | 
         
         
            | 
                
			 | 
            person to whom it must be submitted under Subsection (a-3) that  | 
         
         
            | 
                
			 | 
            authorizes the request or states the reason for denying the  | 
         
         
            | 
                
			 | 
            request; | 
         
         
            | 
                
			 | 
                         (3)  except as provided by Subdivision (5), require  | 
         
         
            | 
                
			 | 
            that a school or a campus begin operation of a video camera in  | 
         
         
            | 
                
			 | 
            compliance with this section not later than the 45th school  | 
         
         
            | 
                
			 | 
            business day, or the first school day after the 45th school business  | 
         
         
            | 
                
			 | 
            day if that day is not a school day, after the request is authorized  | 
         
         
            | 
                
			 | 
            unless the agency grants an extension of time; | 
         
         
            | 
                
			 | 
                         (4)  permit the parent of a student whose admission,  | 
         
         
            | 
                
			 | 
            review, and dismissal committee has determined that the student's  | 
         
         
            | 
                
			 | 
            placement for the following school year will be in a special  | 
         
         
            | 
                
			 | 
            education classroom or other special education setting in which a  | 
         
         
            | 
                
			 | 
            video camera may be placed under this section to make a request for  | 
         
         
            | 
                
			 | 
            the video camera by the later of: | 
         
         
            | 
                
			 | 
                               (A)  the date on which the current school year  | 
         
         
            | 
                
			 | 
            ends; or | 
         
         
            | 
                
			 | 
                               (B)  the 10th school business day after the date  | 
         
         
            | 
                
			 | 
            of the placement determination by the admission, review, and  | 
         
         
            | 
                
			 | 
            dismissal committee; and | 
         
         
            | 
                
			 | 
                         (5)  if a request is made by a parent in compliance with  | 
         
         
            | 
                
			 | 
            Subdivision (4), unless the agency grants an extension of time,  | 
         
         
            | 
                
			 | 
            require that a school or campus begin operation of a video camera in  | 
         
         
            | 
                
			 | 
            compliance with this section not later than the later of: | 
         
         
            | 
                
			 | 
                               (A)  the 10th school day of the fall semester; or | 
         
         
            | 
                
			 | 
                               (B)  the 45th school business day, or the first  | 
         
         
            | 
                
			 | 
            school day after the 45th school business day if that day is not a  | 
         
         
            | 
                
			 | 
            school day, after the date the request is made. | 
         
         
            | 
                
			 | 
                   (q)  The agency shall collect through the Public Education  | 
         
         
            | 
                
			 | 
            Information Management System (PEIMS) data relating to requests  | 
         
         
            | 
                
			 | 
            made under this section and actions taken by a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school in response to a request, including  | 
         
         
            | 
                
			 | 
            the number of requests made, authorized, and denied. | 
         
         
            | 
                
			 | 
                   (s)  This section applies to the placement, operation, and  | 
         
         
            | 
                
			 | 
            maintenance of a video camera in a special education | 
         
         
            | 
                
			 | 
            [self-contained] classroom or other special education setting  | 
         
         
            | 
                
			 | 
            during the regular school year and extended school year services. | 
         
         
            | 
                
			 | 
                   (t)  A video camera placed under this section is not required  | 
         
         
            | 
                
			 | 
            to be in operation for the time during which students are not  | 
         
         
            | 
                
			 | 
            present in the special education classroom or other special  | 
         
         
            | 
                
			 | 
            education setting. | 
         
         
            | 
                
			 | 
                   SECTION 4.23.  Sections 29.022(u)(3) and (4), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                         (3)  "Special education classroom or other special  | 
         
         
            | 
                
			 | 
            education setting" means a classroom or setting primarily used for  | 
         
         
            | 
                
			 | 
            delivering special education services to students who spend on  | 
         
         
            | 
                
			 | 
            average less than 50 percent of an instructional day in a general  | 
         
         
            | 
                
			 | 
            education classroom or setting ["Self-contained classroom" does  | 
         
         
            | 
                
			 | 
            not include a classroom that is a resource room instructional  | 
         
         
            | 
                
			 | 
            arrangement under Section 48.102]. | 
         
         
            | 
                
			 | 
                         (4)  "Staff member" means a teacher, related service  | 
         
         
            | 
                
			 | 
            provider, paraprofessional, counselor, or educational aide  | 
         
         
            | 
                
			 | 
            assigned to work in a special education [self-contained] classroom  | 
         
         
            | 
                
			 | 
            or other special education setting. | 
         
         
            | 
                
			 | 
                   SECTION 4.24.  Subchapter A, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 29.026 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.026.  RULES.  The commissioner may adopt rules as  | 
         
         
            | 
                
			 | 
            necessary to implement this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 4.25.  The heading to Subchapter A-1, Chapter 29,  | 
         
         
            | 
                
			 | 
            Education Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
            SUBCHAPTER A-1.  PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]  | 
         
         
            | 
                
			 | 
            SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES | 
         
         
            | 
                
			 | 
            [PROGRAM] | 
         
         
            | 
                
			 | 
                   SECTION 4.26.  Sections 29.041(2) and (3), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                         (2)  "Supplemental [special education] instructional  | 
         
         
            | 
                
			 | 
            materials" includes textbooks, computer hardware or software,  | 
         
         
            | 
                
			 | 
            other technological devices, and other materials suitable for  | 
         
         
            | 
                
			 | 
            addressing an educational need of a student receiving special  | 
         
         
            | 
                
			 | 
            education services under Subchapter A. | 
         
         
            | 
                
			 | 
                         (3)  "Supplemental [special education] services" means  | 
         
         
            | 
                
			 | 
            an additive service that provides an educational benefit to a  | 
         
         
            | 
                
			 | 
            student receiving special education services under Subchapter A,  | 
         
         
            | 
                
			 | 
            including: | 
         
         
            | 
                
			 | 
                               (A)  occupational therapy, physical therapy, and  | 
         
         
            | 
                
			 | 
            speech therapy; and | 
         
         
            | 
                
			 | 
                               (B)  private tutoring and other supplemental  | 
         
         
            | 
                
			 | 
            private instruction or programs. | 
         
         
            | 
                
			 | 
                   SECTION 4.27.  Section 29.042, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (a) and (c) and adding Subsections (e) and (f)  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency by rule shall establish and administer a  | 
         
         
            | 
                
			 | 
            parent-directed [supplemental special education services and  | 
         
         
            | 
                
			 | 
            instructional materials] program for students receiving special  | 
         
         
            | 
                
			 | 
            education services through which a parent may direct supplemental  | 
         
         
            | 
                
			 | 
            services and supplemental instructional materials for the parent's  | 
         
         
            | 
                
			 | 
            student [students] who meets [meet] the eligibility requirements  | 
         
         
            | 
                
			 | 
            for participation in the program.  Subject to Subsection (c), the  | 
         
         
            | 
                
			 | 
            agency shall provide each student approved as provided by this  | 
         
         
            | 
                
			 | 
            subchapter a grant of not more than $1,500 to purchase supplemental  | 
         
         
            | 
                
			 | 
            [special education] services and supplemental [special education]  | 
         
         
            | 
                
			 | 
            instructional materials.  If the agency receives more acceptable  | 
         
         
            | 
                
			 | 
            applications for a grant for a school year than available funding  | 
         
         
            | 
                
			 | 
            for that school year, the agency shall place remaining students on a  | 
         
         
            | 
                
			 | 
            waitlist for the subsequent school year. | 
         
         
            | 
                
			 | 
                   (c)  A student may receive one grant under this subchapter  | 
         
         
            | 
                
			 | 
            unless the legislature appropriates money for an additional grant  | 
         
         
            | 
                
			 | 
            in the General Appropriations Act [The commissioner shall set aside  | 
         
         
            | 
                
			 | 
            an amount set by appropriation for each state fiscal year to fund  | 
         
         
            | 
                
			 | 
            the program under this section.  For each state fiscal year, the  | 
         
         
            | 
                
			 | 
            total amount provided for student grants under Subsection (a) may  | 
         
         
            | 
                
			 | 
            not exceed the amount set aside by the commissioner under this  | 
         
         
            | 
                
			 | 
            subsection]. | 
         
         
            | 
                
			 | 
                   (e)  The agency shall maintain an online user-friendly  | 
         
         
            | 
                
			 | 
            application system for parents to apply for a grant described by  | 
         
         
            | 
                
			 | 
            Subsection (a). | 
         
         
            | 
                
			 | 
                   (f)  A regional education service center designated to  | 
         
         
            | 
                
			 | 
            administer the program under this subchapter for a school year is  | 
         
         
            | 
                
			 | 
            entitled to receive not more than four percent of the amount  | 
         
         
            | 
                
			 | 
            appropriated for purposes of making grants under this subchapter  | 
         
         
            | 
                
			 | 
            for that school year for the costs of administering the program.  | 
         
         
            | 
                
			 | 
                   SECTION 4.28.  Section 29.045, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF  | 
         
         
            | 
                
			 | 
            ACCOUNT.  Subject to available funding the agency shall approve  | 
         
         
            | 
                
			 | 
            each student who meets the program eligibility criteria established  | 
         
         
            | 
                
			 | 
            under Section 29.044 and assign to the student an account  | 
         
         
            | 
                
			 | 
            maintained under Section 29.042(b).  The account may only be used by  | 
         
         
            | 
                
			 | 
            the student's parent to purchase supplemental [special education]  | 
         
         
            | 
                
			 | 
            services or supplemental [special education] instructional  | 
         
         
            | 
                
			 | 
            materials for the student, subject to Sections 29.046 and 29.047. | 
         
         
            | 
                
			 | 
                   SECTION 4.29.  Sections 29.046(a) and (b), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Money in an account assigned to a student under Section  | 
         
         
            | 
                
			 | 
            29.045 may be used only for supplemental [special education]  | 
         
         
            | 
                
			 | 
            services and supplemental [special education] instructional  | 
         
         
            | 
                
			 | 
            materials. | 
         
         
            | 
                
			 | 
                   (b)  Supplemental [special education] services must be  | 
         
         
            | 
                
			 | 
            provided by an agency-approved provider. | 
         
         
            | 
                
			 | 
                   SECTION 4.30.  Sections 29.047(a), (c), (d), and (e),  | 
         
         
            | 
                
			 | 
            Education Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency shall establish criteria necessary for  | 
         
         
            | 
                
			 | 
            agency approval for each category of provider of a professional  | 
         
         
            | 
                
			 | 
            service that is a supplemental [special education] service, as  | 
         
         
            | 
                
			 | 
            identified by the agency. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall provide a procedure for providers of  | 
         
         
            | 
                
			 | 
            supplemental [special education] services to apply to the agency to  | 
         
         
            | 
                
			 | 
            become an agency-approved provider. | 
         
         
            | 
                
			 | 
                   (d)  The agency may establish criteria for agency approval of  | 
         
         
            | 
                
			 | 
            vendors for each category of supplemental [special education]  | 
         
         
            | 
                
			 | 
            instructional materials identified by the agency. | 
         
         
            | 
                
			 | 
                   (e)  If the agency establishes criteria for agency approval  | 
         
         
            | 
                
			 | 
            for a vendor of a category of supplemental [special education]  | 
         
         
            | 
                
			 | 
            instructional materials, the agency shall provide a procedure for  | 
         
         
            | 
                
			 | 
            vendors of that category to apply to the agency to become an  | 
         
         
            | 
                
			 | 
            agency-approved vendor. | 
         
         
            | 
                
			 | 
                   SECTION 4.31.  Subchapter A-1, Chapter 29, Education Code,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 29.0475 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.0475.  PROGRAM PARTICIPANT, PROVIDER, AND VENDOR  | 
         
         
            | 
                
			 | 
            AUTONOMY.  (a)  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)  A rule adopted or action taken related to the program by  | 
         
         
            | 
                
			 | 
            an individual, governmental entity, court of law, or program  | 
         
         
            | 
                
			 | 
            administrator may not: | 
         
         
            | 
                
			 | 
                         (1)  consider the actions of a provider of supplemental  | 
         
         
            | 
                
			 | 
            services, vendor of supplemental instructional materials, or  | 
         
         
            | 
                
			 | 
            program participant to be the actions of an agent of state  | 
         
         
            | 
                
			 | 
            government; | 
         
         
            | 
                
			 | 
                         (2)  limit: | 
         
         
            | 
                
			 | 
                               (A)  a provider of supplemental services' ability  | 
         
         
            | 
                
			 | 
            to determine the methods used to educate the provider's students or  | 
         
         
            | 
                
			 | 
            to exercise the provider's religious or institutional values; or | 
         
         
            | 
                
			 | 
                               (B)  a program participant's ability to determine  | 
         
         
            | 
                
			 | 
            the participant's educational content or to exercise the  | 
         
         
            | 
                
			 | 
            participant's religious values; | 
         
         
            | 
                
			 | 
                         (3)  obligate a provider of supplemental services or  | 
         
         
            | 
                
			 | 
            program participant to act contrary to the provider's or  | 
         
         
            | 
                
			 | 
            participant's religious or institutional values, as applicable; | 
         
         
            | 
                
			 | 
                         (4)  impose any regulation on a provider of  | 
         
         
            | 
                
			 | 
            supplemental services, vendor of supplemental instructional  | 
         
         
            | 
                
			 | 
            materials, or program participant beyond those regulations  | 
         
         
            | 
                
			 | 
            necessary to enforce the requirements of the program; or | 
         
         
            | 
                
			 | 
                         (5)  require as a condition of receiving money  | 
         
         
            | 
                
			 | 
            distributed under the program: | 
         
         
            | 
                
			 | 
                               (A)  a provider of supplemental services to modify  | 
         
         
            | 
                
			 | 
            the provider's creed, practices, admissions policies, curriculum,  | 
         
         
            | 
                
			 | 
            performance standards, employment policies, or assessments; or | 
         
         
            | 
                
			 | 
                               (B)  a program participant to modify the  | 
         
         
            | 
                
			 | 
            participant's creed, practices, curriculum, performance standards,  | 
         
         
            | 
                
			 | 
            or assessments. | 
         
         
            | 
                
			 | 
                   (c)  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: | 
         
         
            | 
                
			 | 
                         (1)  is necessary to implement or enforce the program  | 
         
         
            | 
                
			 | 
            as provided by this subchapter; | 
         
         
            | 
                
			 | 
                         (2)  does not violate this section; | 
         
         
            | 
                
			 | 
                         (3)  does not impose an undue burden on a program  | 
         
         
            | 
                
			 | 
            participant or a provider of supplemental services or vendor of  | 
         
         
            | 
                
			 | 
            supplemental instructional materials that participates or applies  | 
         
         
            | 
                
			 | 
            to participate in the program; and | 
         
         
            | 
                
			 | 
                         (4)  is the least restrictive means of accomplishing  | 
         
         
            | 
                
			 | 
            the purpose of the program while recognizing the independence of a  | 
         
         
            | 
                
			 | 
            provider of supplemental services to meet the educational needs of  | 
         
         
            | 
                
			 | 
            students in accordance with the provider's religious or  | 
         
         
            | 
                
			 | 
            institutional values. | 
         
         
            | 
                
			 | 
                   SECTION 4.32.  Section 29.048, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.048.  ADMISSION, REVIEW, AND DISMISSAL COMMITTEE  | 
         
         
            | 
                
			 | 
            DUTIES.  (a)  A student's admission, review, and dismissal  | 
         
         
            | 
                
			 | 
            committee shall develop a student's individualized education  | 
         
         
            | 
                
			 | 
            program under Section 29.005, in compliance with the Individuals  | 
         
         
            | 
                
			 | 
            with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),  | 
         
         
            | 
                
			 | 
            without consideration of any supplemental [special education]  | 
         
         
            | 
                
			 | 
            services or supplemental instructional materials that may be  | 
         
         
            | 
                
			 | 
            provided under the program under this subchapter. | 
         
         
            | 
                
			 | 
                   (b)  Unless the district first verifies that an account has  | 
         
         
            | 
                
			 | 
            been assigned to the student under Section 29.045, the [The]  | 
         
         
            | 
                
			 | 
            admission, review, and dismissal committee of a student approved  | 
         
         
            | 
                
			 | 
            for participation in the program shall provide to the student's  | 
         
         
            | 
                
			 | 
            parent at an admission, review, and dismissal committee meeting for  | 
         
         
            | 
                
			 | 
            the student: | 
         
         
            | 
                
			 | 
                         (1)  information regarding the types of supplemental  | 
         
         
            | 
                
			 | 
            [special education] services or supplemental instructional  | 
         
         
            | 
                
			 | 
            materials available under the program and provided by  | 
         
         
            | 
                
			 | 
            agency-approved providers for which an account maintained under  | 
         
         
            | 
                
			 | 
            Section 29.042(b) for the student may be used; and | 
         
         
            | 
                
			 | 
                         (2)  instructions regarding accessing an account  | 
         
         
            | 
                
			 | 
            described by Subdivision (1). | 
         
         
            | 
                
			 | 
                   SECTION 4.33.  Subchapter A-1, Chapter 29, Education Code,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 29.0485 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.0485.  DETERMINATION OF COMMISSIONER FINAL.   | 
         
         
            | 
                
			 | 
            Notwithstanding Section 7.057, a determination of the commissioner  | 
         
         
            | 
                
			 | 
            under this subchapter is final and may not be appealed. | 
         
         
            | 
                
			 | 
                   SECTION 4.34.  Section 29.049, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.049.  RULES.  The commissioner shall adopt rules as  | 
         
         
            | 
                
			 | 
            necessary to administer the supplemental [special education]  | 
         
         
            | 
                
			 | 
            services and supplemental instructional materials program under  | 
         
         
            | 
                
			 | 
            this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 4.35.  Section 29.301(1), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                         (1)  "Admission, review, and dismissal committee"  | 
         
         
            | 
                
			 | 
            means the committee required by [State Board of Education rules to  | 
         
         
            | 
                
			 | 
            develop the individualized education program required by] the  | 
         
         
            | 
                
			 | 
            Individuals with Disabilities Education Act (20 U.S.C. Section 1400  | 
         
         
            | 
                
			 | 
            et seq.) for any student needing special education. | 
         
         
            | 
                
			 | 
                   SECTION 4.36.  Sections 29.304(a) and (c), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A student who is deaf or hard of hearing must have an  | 
         
         
            | 
                
			 | 
            education in which teachers, psychologists, speech language  | 
         
         
            | 
                
			 | 
            pathologists [therapists], progress assessors, administrators, and  | 
         
         
            | 
                
			 | 
            others involved in education understand the unique nature of  | 
         
         
            | 
                
			 | 
            deafness and the hard-of-hearing condition.  A teacher of students  | 
         
         
            | 
                
			 | 
            who are deaf or hard of hearing either must be proficient in  | 
         
         
            | 
                
			 | 
            appropriate language modes or use an interpreter certified in  | 
         
         
            | 
                
			 | 
            appropriate language modes if certification is available. | 
         
         
            | 
                
			 | 
                   (c)  General [Regular] and special education personnel who  | 
         
         
            | 
                
			 | 
            work with students who are deaf or hard of hearing must be  | 
         
         
            | 
                
			 | 
            adequately prepared to provide educational instruction and  | 
         
         
            | 
                
			 | 
            services to those students. | 
         
         
            | 
                
			 | 
                   SECTION 4.37.  Section 29.310, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (c) and adding Subsection (d) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (c)  The procedures and materials for the assessment and  | 
         
         
            | 
                
			 | 
            placement of a student who is deaf or hard of hearing shall be in the  | 
         
         
            | 
                
			 | 
            student's preferred mode of communication.  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 [has limited English proficiency] shall be in the student's  | 
         
         
            | 
                
			 | 
            preferred mode of communication. | 
         
         
            | 
                
			 | 
                   (d)  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, each student who is deaf  | 
         
         
            | 
                
			 | 
            or hard of hearing must be thoroughly assessed to ascertain the  | 
         
         
            | 
                
			 | 
            student's potential for communicating through a variety of means. | 
         
         
            | 
                
			 | 
                   SECTION 4.38.  Section 29.313, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.313.  EVALUATION OF DEAF AND HARD OF HEARING  | 
         
         
            | 
                
			 | 
            SERVICES [PROGRAMS].  (a)  Each school district must provide  | 
         
         
            | 
                
			 | 
            continuous evaluation of the effectiveness of the district's  | 
         
         
            | 
                
			 | 
            services [programs of the district] for students who are deaf or  | 
         
         
            | 
                
			 | 
            hard of hearing.  The [If practicable,] evaluations shall follow  | 
         
         
            | 
                
			 | 
            program excellence indicators established by the agency. | 
         
         
            | 
                
			 | 
                   (b)  Each school district shall submit the evaluations under  | 
         
         
            | 
                
			 | 
            this section to the agency on a schedule set by the agency. | 
         
         
            | 
                
			 | 
                   SECTION 4.39.  Section 29.314, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.314.  TRANSITION INTO GENERAL EDUCATION [REGULAR]  | 
         
         
            | 
                
			 | 
            CLASS.  In addition to satisfying requirements of the admission,  | 
         
         
            | 
                
			 | 
            review, and dismissal committee and to satisfying requirements  | 
         
         
            | 
                
			 | 
            under state and federal law for vocational training, each school  | 
         
         
            | 
                
			 | 
            district shall develop and implement a transition plan for the  | 
         
         
            | 
                
			 | 
            transition of a student who is deaf or hard of hearing into a  | 
         
         
            | 
                
			 | 
            general education [regular] class [program] if the student is to be  | 
         
         
            | 
                
			 | 
            transferred from a special class or center or nonpublic,  | 
         
         
            | 
                
			 | 
            nonsectarian school into a general education [regular] class in a  | 
         
         
            | 
                
			 | 
            public school for any part of the school day.  The transition plan  | 
         
         
            | 
                
			 | 
            must provide for activities: | 
         
         
            | 
                
			 | 
                         (1)  to integrate the student into the general | 
         
         
            | 
                
			 | 
            [regular] education program and specify the nature of each activity  | 
         
         
            | 
                
			 | 
            and the time spent on the activity each day; and | 
         
         
            | 
                
			 | 
                         (2)  to support the transition of the student from the  | 
         
         
            | 
                
			 | 
            special education program into the general [regular] education  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   SECTION 4.40.  Section 29.315, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.315.  TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF  | 
         
         
            | 
                
			 | 
            UNDERSTANDING.  The Texas Education Agency and the Texas School for  | 
         
         
            | 
                
			 | 
            the Deaf shall develop[, agree to, and by commissioner rule adopt no  | 
         
         
            | 
                
			 | 
            later than September 1, 1998,] a memorandum of understanding to  | 
         
         
            | 
                
			 | 
            establish: | 
         
         
            | 
                
			 | 
                         (1)  the method for developing and reevaluating a set  | 
         
         
            | 
                
			 | 
            of indicators of the quality of learning at the Texas School for the  | 
         
         
            | 
                
			 | 
            Deaf; | 
         
         
            | 
                
			 | 
                         (2)  the process for the agency to conduct and report on  | 
         
         
            | 
                
			 | 
            an annual evaluation of the school's performance on the indicators; | 
         
         
            | 
                
			 | 
                         (3)  the requirements for the school's board to  | 
         
         
            | 
                
			 | 
            publish, discuss, and disseminate an annual report describing the  | 
         
         
            | 
                
			 | 
            educational performance of the school; and | 
         
         
            | 
                
			 | 
                         (4)  [the process for the agency to assign an  | 
         
         
            | 
                
			 | 
            accreditation status to the school, to reevaluate the status on an  | 
         
         
            | 
                
			 | 
            annual basis, and, if necessary, to conduct monitoring reviews; and | 
         
         
            | 
                
			 | 
                         [(5)]  the type of information the school shall be  | 
         
         
            | 
                
			 | 
            required to provide through the Public Education Information  | 
         
         
            | 
                
			 | 
            Management System (PEIMS). | 
         
         
            | 
                
			 | 
                   SECTION 4.41.  Section 29.316, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.316.  LANGUAGE ACQUISITION.  (a)  In this section,  | 
         
         
            | 
                
			 | 
            "language[: | 
         
         
            | 
                
			 | 
                         [(1)  "Center" means the Educational Resource Center on  | 
         
         
            | 
                
			 | 
            Deafness at the Texas School for the Deaf. | 
         
         
            | 
                
			 | 
                         [(2)  "Division" means the Division for Early Childhood  | 
         
         
            | 
                
			 | 
            Intervention Services of the Health and Human Services Commission. | 
         
         
            | 
                
			 | 
                         [(3)  "Language] acquisition" includes expressive and  | 
         
         
            | 
                
			 | 
            receptive language acquisition and literacy development in  | 
         
         
            | 
                
			 | 
            English, American Sign Language, or both, or, if applicable, in  | 
         
         
            | 
                
			 | 
            another language primarily used by a child's parent or guardian,  | 
         
         
            | 
                
			 | 
            and is separate from any modality used to communicate in the  | 
         
         
            | 
                
			 | 
            applicable language or languages. | 
         
         
            | 
                
			 | 
                   (b)  Each school district [The commissioner and the  | 
         
         
            | 
                
			 | 
            executive commissioner of the Health and Human Services Commission  | 
         
         
            | 
                
			 | 
            jointly] shall 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 [determined to be valid and reliable as provided by  | 
         
         
            | 
                
			 | 
            Subsection (d)]. | 
         
         
            | 
                
			 | 
                   (c)  On a schedule determined by the commissioner, each  | 
         
         
            | 
                
			 | 
            school district shall report to the commissioner through the Public  | 
         
         
            | 
                
			 | 
            Education Information Management System (PEIMS) or another method  | 
         
         
            | 
                
			 | 
            set by commissioner rule the assessment data collected under  | 
         
         
            | 
                
			 | 
            Subsection (b) [Not later than August 31 of each year, the agency,  | 
         
         
            | 
                
			 | 
            the division, and the center jointly shall prepare and post on the  | 
         
         
            | 
                
			 | 
            agency'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. The report  | 
         
         
            | 
                
			 | 
            must: | 
         
         
            | 
                
			 | 
                         [(1)  include: | 
         
         
            | 
                
			 | 
                               [(A)  existing data reported in compliance with  | 
         
         
            | 
                
			 | 
            federal law regarding children with disabilities; and | 
         
         
            | 
                
			 | 
                               [(B)  information relating to the language  | 
         
         
            | 
                
			 | 
            acquisition of children who are deaf or hard of hearing and also  | 
         
         
            | 
                
			 | 
            have other disabilities; | 
         
         
            | 
                
			 | 
                         [(2)  state for each child: | 
         
         
            | 
                
			 | 
                               [(A)  the instructional arrangement used with the  | 
         
         
            | 
                
			 | 
            child, as described by Section 48.102, including the time the child  | 
         
         
            | 
                
			 | 
            spends in a mainstream instructional arrangement; | 
         
         
            | 
                
			 | 
                               [(B)  the specific language acquisition services  | 
         
         
            | 
                
			 | 
            provided to the child, including: | 
         
         
            | 
                
			 | 
                                     [(i)  the time spent providing those  | 
         
         
            | 
                
			 | 
            services; and | 
         
         
            | 
                
			 | 
                                     [(ii)  a description of any hearing  | 
         
         
            | 
                
			 | 
            amplification used in the delivery of those services, including: | 
         
         
            | 
                
			 | 
                                           [(a)  the type of hearing  | 
         
         
            | 
                
			 | 
            amplification used; | 
         
         
            | 
                
			 | 
                                           [(b)  the period of time in which the  | 
         
         
            | 
                
			 | 
            child has had access to the hearing amplification; and | 
         
         
            | 
                
			 | 
                                           [(c)  the average amount of time the  | 
         
         
            | 
                
			 | 
            child uses the hearing amplification each day; | 
         
         
            | 
                
			 | 
                               [(C)  the tools or assessments used to assess the  | 
         
         
            | 
                
			 | 
            child's language acquisition and the results obtained; | 
         
         
            | 
                
			 | 
                               [(D)  the preferred unique communication mode  | 
         
         
            | 
                
			 | 
            used by the child at home; and | 
         
         
            | 
                
			 | 
                               [(E)  the child's age, race, and gender, the age  | 
         
         
            | 
                
			 | 
            at which the child was identified as being deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            and any other relevant demographic information the commissioner  | 
         
         
            | 
                
			 | 
            determines to likely be correlated with or have an impact on the  | 
         
         
            | 
                
			 | 
            child's language acquisition; | 
         
         
            | 
                
			 | 
                         [(3)  compare progress in English literacy made by  | 
         
         
            | 
                
			 | 
            children who are deaf or hard of hearing to progress in that subject  | 
         
         
            | 
                
			 | 
            made by children of the same age who are not deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            by appropriate age range; and | 
         
         
            | 
                
			 | 
                         [(4)  be redacted as necessary to comply with state and  | 
         
         
            | 
                
			 | 
            federal law regarding the confidentiality of student medical or  | 
         
         
            | 
                
			 | 
            educational information]. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner[, the executive commissioner of the  | 
         
         
            | 
                
			 | 
            Health and Human Services Commission, and the center] shall adopt  | 
         
         
            | 
                
			 | 
            rules establishing the assessment data required to be reported  | 
         
         
            | 
                
			 | 
            under Subsection (c) [enter into a memorandum of understanding  | 
         
         
            | 
                
			 | 
            regarding: | 
         
         
            | 
                
			 | 
                         [(1)  the identification of experts in deaf education;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         [(2)  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)  The commissioner shall annually post on the agency'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) [agency shall use  | 
         
         
            | 
                
			 | 
            existing collected data and data collected and transferred from the  | 
         
         
            | 
                
			 | 
            Department of State Health Services and the Health and Human  | 
         
         
            | 
                
			 | 
            Services Commission, as agreed upon in the memorandum of  | 
         
         
            | 
                
			 | 
            understanding, for the report under this section]. | 
         
         
            | 
                
			 | 
                   (f)  The commissioner shall 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 [and the  | 
         
         
            | 
                
			 | 
            executive commissioner of the Health and Human Services Commission  | 
         
         
            | 
                
			 | 
            jointly shall adopt rules as necessary to implement this section,  | 
         
         
            | 
                
			 | 
            including rules for: | 
         
         
            | 
                
			 | 
                         [(1)  assigning each child eight years of age or  | 
         
         
            | 
                
			 | 
            younger who is deaf or hard of hearing a unique identification  | 
         
         
            | 
                
			 | 
            number for purposes of the report required under Subsection (c) and  | 
         
         
            | 
                
			 | 
            to enable the tracking of the child's language acquisition, and  | 
         
         
            | 
                
			 | 
            factors affecting the child's language acquisition, over time; and | 
         
         
            | 
                
			 | 
                         [(2)  implementing this section in a manner that  | 
         
         
            | 
                
			 | 
            complies with federal law regarding confidentiality of student  | 
         
         
            | 
                
			 | 
            medical or educational information, including the Health Insurance  | 
         
         
            | 
                
			 | 
            Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d  | 
         
         
            | 
                
			 | 
            et seq.) and the Family Educational Rights and Privacy Act of 1974  | 
         
         
            | 
                
			 | 
            (20 U.S.C. Section 1232g), and any state law relating to the privacy  | 
         
         
            | 
                
			 | 
            of student information]. | 
         
         
            | 
                
			 | 
                   SECTION 4.42.  The heading to Section 30.002, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.002.  STATE PLAN [EDUCATION] FOR CHILDREN WITH  | 
         
         
            | 
                
			 | 
            VISUAL IMPAIRMENTS, WHO ARE DEAF OR HARD OF HEARING, OR WHO ARE  | 
         
         
            | 
                
			 | 
            DEAF-BLIND. | 
         
         
            | 
                
			 | 
                   SECTION 4.43.  Sections 30.002(a), (b), (c), and (e),  | 
         
         
            | 
                
			 | 
            Education Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The agency shall develop and administer a comprehensive  | 
         
         
            | 
                
			 | 
            statewide plan for the education of children [with visual  | 
         
         
            | 
                
			 | 
            impairments] who are under 22 [21] years of age and who have visual  | 
         
         
            | 
                
			 | 
            impairments, are deaf or hard of hearing, or are deaf-blind 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 [with normal vision]. | 
         
         
            | 
                
			 | 
                   (b)  The agency shall: | 
         
         
            | 
                
			 | 
                         (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 [with  | 
         
         
            | 
                
			 | 
            visual impairments] that it is authorized to provide or support  | 
         
         
            | 
                
			 | 
            under this code and federal law; | 
         
         
            | 
                
			 | 
                         (2)  supervise regional education service centers and  | 
         
         
            | 
                
			 | 
            other entities in assisting school districts in serving children  | 
         
         
            | 
                
			 | 
            who have visual impairments, are deaf or hard of hearing, or are  | 
         
         
            | 
                
			 | 
            deaf-blind [with visual impairments] more effectively; and | 
         
         
            | 
                
			 | 
                         (3)  [develop and administer special education  | 
         
         
            | 
                
			 | 
            services for students with both serious visual and auditory  | 
         
         
            | 
                
			 | 
            impairments; | 
         
         
            | 
                
			 | 
                         [(4)  evaluate special education services provided for  | 
         
         
            | 
                
			 | 
            children with visual impairments by school districts and approve or  | 
         
         
            | 
                
			 | 
            disapprove state funding of those services; and | 
         
         
            | 
                
			 | 
                         [(5)]  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 [with  | 
         
         
            | 
                
			 | 
            visual impairments] by school districts and related initiatives of  | 
         
         
            | 
                
			 | 
            the Health and Human Services Commission, [the Department of State  | 
         
         
            | 
                
			 | 
            Health Services Mental Health and Substance Abuse Division,] the  | 
         
         
            | 
                
			 | 
            Texas Workforce Commission, and other related programs, agencies,  | 
         
         
            | 
                
			 | 
            or facilities as appropriate. | 
         
         
            | 
                
			 | 
                   (c)  The comprehensive statewide plan for the education of  | 
         
         
            | 
                
			 | 
            children who have visual impairments, are deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            or are deaf-blind [with visual impairments] must: | 
         
         
            | 
                
			 | 
                         (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 [with a serious visual impairment]; | 
         
         
            | 
                
			 | 
                         (2)  include the procedures, format, and content of the  | 
         
         
            | 
                
			 | 
            individualized education program for each child who has a visual  | 
         
         
            | 
                
			 | 
            impairment, is deaf or hard of hearing, or is deaf-blind [with a  | 
         
         
            | 
                
			 | 
            visual impairment]; | 
         
         
            | 
                
			 | 
                         (3)  emphasize providing educational services to  | 
         
         
            | 
                
			 | 
            children who have visual impairments, are deaf or hard of hearing,  | 
         
         
            | 
                
			 | 
            or are deaf-blind [with visual impairments] in their home  | 
         
         
            | 
                
			 | 
            communities whenever possible; | 
         
         
            | 
                
			 | 
                         (4)  include information regarding the establishment  | 
         
         
            | 
                
			 | 
            of regional day school programs for the deaf under Subchapter D and  | 
         
         
            | 
                
			 | 
            the parameters of those programs [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: | 
         
         
            | 
                
			 | 
                               [(A)  evaluation of the impairment; and | 
         
         
            | 
                
			 | 
                               [(B)  instruction in an expanded core curriculum,  | 
         
         
            | 
                
			 | 
            which is required for students with visual impairments to succeed  | 
         
         
            | 
                
			 | 
            in classroom settings and to derive lasting, practical benefits  | 
         
         
            | 
                
			 | 
            from the education provided by school districts, including  | 
         
         
            | 
                
			 | 
            instruction in: | 
         
         
            | 
                
			 | 
                                     [(i)  compensatory skills, such as braille  | 
         
         
            | 
                
			 | 
            and concept development, and other skills needed to access the rest  | 
         
         
            | 
                
			 | 
            of the curriculum; | 
         
         
            | 
                
			 | 
                                     [(ii)  orientation and mobility; | 
         
         
            | 
                
			 | 
                                     [(iii)  social interaction skills; | 
         
         
            | 
                
			 | 
                                     [(iv)  career planning; | 
         
         
            | 
                
			 | 
                                     [(v)  assistive technology, including  | 
         
         
            | 
                
			 | 
            optical devices; | 
         
         
            | 
                
			 | 
                                     [(vi)  independent living skills; | 
         
         
            | 
                
			 | 
                                     [(vii)  recreation and leisure enjoyment; | 
         
         
            | 
                
			 | 
                                     [(viii)  self-determination; and | 
         
         
            | 
                
			 | 
                                     [(ix)  sensory efficiency]; | 
         
         
            | 
                
			 | 
                         (5)  provide for flexibility on the part of school  | 
         
         
            | 
                
			 | 
            districts to meet the unique [special] needs of children who have  | 
         
         
            | 
                
			 | 
            visual impairments, are deaf or hard of hearing, or are deaf-blind  | 
         
         
            | 
                
			 | 
            [with visual impairments] through: | 
         
         
            | 
                
			 | 
                               (A)  specialty staff and resources provided by the  | 
         
         
            | 
                
			 | 
            district; | 
         
         
            | 
                
			 | 
                               (B)  contractual arrangements with other  | 
         
         
            | 
                
			 | 
            qualified public or private agencies; | 
         
         
            | 
                
			 | 
                               (C)  supportive assistance from regional  | 
         
         
            | 
                
			 | 
            education service centers or adjacent school districts; | 
         
         
            | 
                
			 | 
                               (D)  short-term or long-term services through the  | 
         
         
            | 
                
			 | 
            Texas School for the Blind and Visually Impaired, the Texas School  | 
         
         
            | 
                
			 | 
            for the Deaf, regional day school programs for the deaf, or related  | 
         
         
            | 
                
			 | 
            facilities or programs; or | 
         
         
            | 
                
			 | 
                               (E)  other instructional and service arrangements  | 
         
         
            | 
                
			 | 
            approved by the agency; | 
         
         
            | 
                
			 | 
                         (6)  [include a statewide admission, review, and  | 
         
         
            | 
                
			 | 
            dismissal process; | 
         
         
            | 
                
			 | 
                         [(7)]  provide for effective interaction between the  | 
         
         
            | 
                
			 | 
            [visually impaired child's] classroom setting of the child who has  | 
         
         
            | 
                
			 | 
            a visual impairment, is deaf or hard of hearing, or is deaf-blind  | 
         
         
            | 
                
			 | 
            and the child's home environment, including providing for parental  | 
         
         
            | 
                
			 | 
            training and counseling either by school district staff or by  | 
         
         
            | 
                
			 | 
            representatives of other organizations directly involved in the  | 
         
         
            | 
                
			 | 
            development and implementation of the individualized education  | 
         
         
            | 
                
			 | 
            program for the child; | 
         
         
            | 
                
			 | 
                         (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)  require the continuing education and professional  | 
         
         
            | 
                
			 | 
            development of school district staff providing special education  | 
         
         
            | 
                
			 | 
            services to children with visual impairments]; | 
         
         
            | 
                
			 | 
                         (8) [(9)]  provide for adequate monitoring and precise  | 
         
         
            | 
                
			 | 
            evaluation of special education services provided to children who  | 
         
         
            | 
                
			 | 
            have visual impairments, are deaf or hard of hearing, or are  | 
         
         
            | 
                
			 | 
            deaf-blind [with visual impairments] through school districts;  | 
         
         
            | 
                
			 | 
            [and] | 
         
         
            | 
                
			 | 
                         (9) [(10)]  require that school districts providing  | 
         
         
            | 
                
			 | 
            special education services to children who have visual impairments,  | 
         
         
            | 
                
			 | 
            are deaf or hard of hearing, or are deaf-blind [with visual  | 
         
         
            | 
                
			 | 
            impairments] develop procedures for assuring that staff assigned to  | 
         
         
            | 
                
			 | 
            work with the children have prompt and effective access directly to  | 
         
         
            | 
                
			 | 
            resources available through: | 
         
         
            | 
                
			 | 
                               (A)  cooperating agencies in the area; | 
         
         
            | 
                
			 | 
                               (B)  the Texas School for the Blind and Visually  | 
         
         
            | 
                
			 | 
            Impaired; | 
         
         
            | 
                
			 | 
                               (C)  the Texas School for the Deaf; | 
         
         
            | 
                
			 | 
                               (D)  the statewide outreach center at the Texas  | 
         
         
            | 
                
			 | 
            School for the Deaf; | 
         
         
            | 
                
			 | 
                               (E)  the Central Media Depository for specialized  | 
         
         
            | 
                
			 | 
            instructional materials and aids made specifically for use by  | 
         
         
            | 
                
			 | 
            students with visual impairments; | 
         
         
            | 
                
			 | 
                               (F) [(D)]  sheltered workshops participating in  | 
         
         
            | 
                
			 | 
            the state program of purchases of blind-made goods and services;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (G) [(E)]  related sources; and | 
         
         
            | 
                
			 | 
                         (10)  assist in the coordination of educational  | 
         
         
            | 
                
			 | 
            programs with other public and private agencies, including: | 
         
         
            | 
                
			 | 
                               (A)  agencies operating early childhood  | 
         
         
            | 
                
			 | 
            intervention programs; | 
         
         
            | 
                
			 | 
                               (B)  preschools; | 
         
         
            | 
                
			 | 
                               (C)  agencies operating child development  | 
         
         
            | 
                
			 | 
            programs; | 
         
         
            | 
                
			 | 
                               (D)  private nonsectarian schools; | 
         
         
            | 
                
			 | 
                               (E)  agencies operating regional occupational  | 
         
         
            | 
                
			 | 
            centers and programs; and | 
         
         
            | 
                
			 | 
                               (F)  as appropriate, postsecondary and adult  | 
         
         
            | 
                
			 | 
            programs for persons who are deaf or hard of hearing. | 
         
         
            | 
                
			 | 
                   (e)  Each eligible [blind or visually impaired] 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: | 
         
         
            | 
                
			 | 
                         (1)  is developed in accordance with federal and state  | 
         
         
            | 
                
			 | 
            requirements for providing special education services; | 
         
         
            | 
                
			 | 
                         (2)  is developed by a committee composed as required  | 
         
         
            | 
                
			 | 
            by federal law; | 
         
         
            | 
                
			 | 
                         (3)  reflects that the student has been provided a  | 
         
         
            | 
                
			 | 
            detailed explanation of the various service resources available to  | 
         
         
            | 
                
			 | 
            the student in the community and throughout the state; | 
         
         
            | 
                
			 | 
                         (4)  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 [Subsection (c)(4)]; and | 
         
         
            | 
                
			 | 
                         (5)  sets 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 [Subsection (c)(4)(B)]. | 
         
         
            | 
                
			 | 
                   SECTION 4.44.  Subchapter A, Chapter 30, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 30.0021 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.0021.  REQUIREMENTS FOR CHILDREN WITH VISUAL  | 
         
         
            | 
                
			 | 
            IMPAIRMENTS.  (a) Each child with a visual impairment must 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: | 
         
         
            | 
                
			 | 
                         (1)  compensatory skills, such as braille and concept  | 
         
         
            | 
                
			 | 
            development, and other skills necessary to access the rest of the  | 
         
         
            | 
                
			 | 
            curriculum; | 
         
         
            | 
                
			 | 
                         (2)  orientation and mobility; | 
         
         
            | 
                
			 | 
                         (3)  social interaction skills; | 
         
         
            | 
                
			 | 
                         (4)  career education; | 
         
         
            | 
                
			 | 
                         (5)  assistive technology, including optical devices; | 
         
         
            | 
                
			 | 
                         (6)  independent living skills; | 
         
         
            | 
                
			 | 
                         (7)  recreation and leisure enjoyment; | 
         
         
            | 
                
			 | 
                         (8)  self-determination; and | 
         
         
            | 
                
			 | 
                         (9)  sensory efficiency. | 
         
         
            | 
                
			 | 
                   (b)  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, the full individual and  | 
         
         
            | 
                
			 | 
            initial evaluation of the child under Section 29.004 and any  | 
         
         
            | 
                
			 | 
            reevaluation of the child must, in accordance with commissioner  | 
         
         
            | 
                
			 | 
            rule: | 
         
         
            | 
                
			 | 
                         (1)  include an orientation and mobility evaluation  | 
         
         
            | 
                
			 | 
            conducted: | 
         
         
            | 
                
			 | 
                               (A)  by a person who is appropriately certified as  | 
         
         
            | 
                
			 | 
            an orientation and mobility specialist, as determined by  | 
         
         
            | 
                
			 | 
            commissioner rule; and | 
         
         
            | 
                
			 | 
                               (B)  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)  In developing an individualized education program under  | 
         
         
            | 
                
			 | 
            Section 29.005 for a child with a visual impairment, proficiency in  | 
         
         
            | 
                
			 | 
            reading and writing must be a significant indicator of the child's  | 
         
         
            | 
                
			 | 
            satisfactory educational progress.  The individualized education  | 
         
         
            | 
                
			 | 
            program must 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)  Braille instruction: | 
         
         
            | 
                
			 | 
                         (1)  may be used in combination with other special  | 
         
         
            | 
                
			 | 
            education services appropriate to the educational needs of a child  | 
         
         
            | 
                
			 | 
            with a visual impairment; and | 
         
         
            | 
                
			 | 
                         (2)  must be provided by a teacher certified to teach  | 
         
         
            | 
                
			 | 
            children with visual impairments under Subchapter B, Chapter 21. | 
         
         
            | 
                
			 | 
                   (e)  A school district shall 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)  To facilitate implementation of this section, the  | 
         
         
            | 
                
			 | 
            commissioner shall 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.  The supplemental allowance may be spent  | 
         
         
            | 
                
			 | 
            only for special education services uniquely required by the nature  | 
         
         
            | 
                
			 | 
            of the child's disabilities and may not be used in lieu of  | 
         
         
            | 
                
			 | 
            educational funds otherwise available under this code or through  | 
         
         
            | 
                
			 | 
            state or local appropriations. | 
         
         
            | 
                
			 | 
                   SECTION 4.45.  Section 30.003, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (b), (d), (f-1), and (g) and adding Subsection  | 
         
         
            | 
                
			 | 
            (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  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)  The commissioner shall 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 for that year. | 
         
         
            | 
                
			 | 
                   (d)  Each school district and state institution shall  | 
         
         
            | 
                
			 | 
            provide to the commissioner the necessary information to determine  | 
         
         
            | 
                
			 | 
            the district's share under this section.  The information must be  | 
         
         
            | 
                
			 | 
            reported to the commissioner on or before a date set by commissioner | 
         
         
            | 
                
			 | 
            rule [of the State Board of Education].  After determining the  | 
         
         
            | 
                
			 | 
            amount of a district's share for all students for which the district  | 
         
         
            | 
                
			 | 
            is responsible, the commissioner shall deduct that amount from the  | 
         
         
            | 
                
			 | 
            payments of foundation school funds payable to the district.  Each  | 
         
         
            | 
                
			 | 
            deduction shall be in the same percentage of the total amount of the  | 
         
         
            | 
                
			 | 
            district's share as the percentage of the total foundation school  | 
         
         
            | 
                
			 | 
            fund entitlement being paid to the district at the time of the  | 
         
         
            | 
                
			 | 
            deduction, except that the amount of any deduction may be modified  | 
         
         
            | 
                
			 | 
            to make necessary adjustments or to correct errors.  The  | 
         
         
            | 
                
			 | 
            commissioner shall provide for remitting the amount deducted to the  | 
         
         
            | 
                
			 | 
            appropriate school at the same time at which the remaining funds are  | 
         
         
            | 
                
			 | 
            distributed to the district.  If a district does not receive  | 
         
         
            | 
                
			 | 
            foundation school funds or if a district's foundation school  | 
         
         
            | 
                
			 | 
            entitlement is less than the amount of the district's share under  | 
         
         
            | 
                
			 | 
            this section, the commissioner shall direct the district to remit  | 
         
         
            | 
                
			 | 
            payment to the commissioner, and the commissioner shall remit the  | 
         
         
            | 
                
			 | 
            district's share to the appropriate school. | 
         
         
            | 
                
			 | 
                   (f-1)  The commissioner shall determine the total amount  | 
         
         
            | 
                
			 | 
            that the Texas School for the Blind and Visually Impaired and the  | 
         
         
            | 
                
			 | 
            Texas School for the Deaf would have received from school districts  | 
         
         
            | 
                
			 | 
            in accordance with this section if the following provisions had not  | 
         
         
            | 
                
			 | 
            reduced the districts' share of the cost of providing education  | 
         
         
            | 
                
			 | 
            services: | 
         
         
            | 
                
			 | 
                         (1)  H.B. No. 1, Acts of the 79th Legislature, 3rd  | 
         
         
            | 
                
			 | 
            Called Session, 2006; | 
         
         
            | 
                
			 | 
                         (2)  Subsection (b-1) of this section; | 
         
         
            | 
                
			 | 
                         (3)  Section 45.0032; | 
         
         
            | 
                
			 | 
                         (4) [(3)]  Section 48.255; and | 
         
         
            | 
                
			 | 
                         (5) [(4)]  Section 48.2551. | 
         
         
            | 
                
			 | 
                   (g)  The commissioner [State Board of Education] may adopt  | 
         
         
            | 
                
			 | 
            rules as necessary to implement this section. | 
         
         
            | 
                
			 | 
                   SECTION 4.46.  Section 30.004(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The commissioner [State Board of Education] shall adopt  | 
         
         
            | 
                
			 | 
            rules prescribing the form and content of information required by  | 
         
         
            | 
                
			 | 
            Subsection (a). | 
         
         
            | 
                
			 | 
                   SECTION 4.47.  Section 30.005, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.005.  TEXAS SCHOOL FOR THE BLIND AND VISUALLY  | 
         
         
            | 
                
			 | 
            IMPAIRED MEMORANDUM OF UNDERSTANDING.  The Texas Education Agency  | 
         
         
            | 
                
			 | 
            and the Texas School for the Blind and Visually Impaired shall  | 
         
         
            | 
                
			 | 
            develop[, agree to, and by commissioner rule adopt] a memorandum of  | 
         
         
            | 
                
			 | 
            understanding to establish: | 
         
         
            | 
                
			 | 
                         (1)  the method for developing and reevaluating a set  | 
         
         
            | 
                
			 | 
            of indicators of the quality of learning at the Texas School for the  | 
         
         
            | 
                
			 | 
            Blind and Visually Impaired; | 
         
         
            | 
                
			 | 
                         (2)  the process for the agency to conduct and report on  | 
         
         
            | 
                
			 | 
            an annual evaluation of the school's performance on the indicators; | 
         
         
            | 
                
			 | 
                         (3)  the requirements for the school's board to  | 
         
         
            | 
                
			 | 
            publish, discuss, and disseminate an annual report describing the  | 
         
         
            | 
                
			 | 
            educational performance of the school; and | 
         
         
            | 
                
			 | 
                         (4)  [the process for the agency to: | 
         
         
            | 
                
			 | 
                               [(A)  assign an accreditation status to the  | 
         
         
            | 
                
			 | 
            school; | 
         
         
            | 
                
			 | 
                               [(B)  reevaluate the status on an annual basis;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               [(C)  if necessary, conduct monitoring reviews;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         [(5)]  the type of information the school shall be  | 
         
         
            | 
                
			 | 
            required to provide through the Public Education Information  | 
         
         
            | 
                
			 | 
            Management System (PEIMS). | 
         
         
            | 
                
			 | 
                   SECTION 4.48.  Section 30.021(e), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  The school shall cooperate with public and private  | 
         
         
            | 
                
			 | 
            agencies and organizations serving students and other persons with  | 
         
         
            | 
                
			 | 
            visual impairments in the planning, development, and  | 
         
         
            | 
                
			 | 
            implementation of effective educational and rehabilitative service  | 
         
         
            | 
                
			 | 
            delivery systems associated with educating students with visual  | 
         
         
            | 
                
			 | 
            impairments.  To maximize and make efficient use of state  | 
         
         
            | 
                
			 | 
            facilities, funding, and resources, the services provided in this  | 
         
         
            | 
                
			 | 
            area may include conducting a cooperative program with other  | 
         
         
            | 
                
			 | 
            agencies to serve students who have graduated from high school by  | 
         
         
            | 
                
			 | 
            completing all academic requirements applicable to students in  | 
         
         
            | 
                
			 | 
            general [regular] education, excluding satisfactory performance  | 
         
         
            | 
                
			 | 
            under Section 39.025, who are younger than 22 years of age on  | 
         
         
            | 
                
			 | 
            September 1 of the school year and who have identified needs related  | 
         
         
            | 
                
			 | 
            to vocational training, independent living skills, orientation and  | 
         
         
            | 
                
			 | 
            mobility, social and leisure skills, compensatory skills, or  | 
         
         
            | 
                
			 | 
            remedial academic skills. | 
         
         
            | 
                
			 | 
                   SECTION 4.49.  Section 30.081, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.081.  LEGISLATIVE INTENT CONCERNING REGIONAL DAY  | 
         
         
            | 
                
			 | 
            SCHOOLS FOR THE DEAF.  The legislature, by this subchapter, 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 [21]  | 
         
         
            | 
                
			 | 
            years of age and assuring that those students have the opportunity  | 
         
         
            | 
                
			 | 
            to become independent citizens. | 
         
         
            | 
                
			 | 
                   SECTION 4.50.  Section 30.083, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 30.083.  STATEWIDE PLAN.  [(a)]  The director of  | 
         
         
            | 
                
			 | 
            services shall 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[, including continuing  | 
         
         
            | 
                
			 | 
            diagnosis and evaluation, counseling, and teaching].  The plan  | 
         
         
            | 
                
			 | 
            shall be included as part of the comprehensive statewide plan under  | 
         
         
            | 
                
			 | 
            Section 30.002 [designed to accomplish the following objectives: | 
         
         
            | 
                
			 | 
                         [(1)  providing assistance and counseling to parents of  | 
         
         
            | 
                
			 | 
            students who are deaf or hard of hearing in regional day school  | 
         
         
            | 
                
			 | 
            programs for the deaf and admitting to the programs students who  | 
         
         
            | 
                
			 | 
            have a hearing loss that interferes with the processing of  | 
         
         
            | 
                
			 | 
            linguistic information; | 
         
         
            | 
                
			 | 
                         [(2)  enabling students who are deaf or hard of hearing  | 
         
         
            | 
                
			 | 
            to reside with their parents or guardians and be provided an  | 
         
         
            | 
                
			 | 
            appropriate education in their home school districts or in regional  | 
         
         
            | 
                
			 | 
            day school programs for the deaf; | 
         
         
            | 
                
			 | 
                         [(3)  enabling students who are deaf or hard of hearing  | 
         
         
            | 
                
			 | 
            who are unable to attend schools at their place of residence and  | 
         
         
            | 
                
			 | 
            whose parents or guardians live too far from facilities of regional  | 
         
         
            | 
                
			 | 
            day school programs for the deaf for daily commuting to be  | 
         
         
            | 
                
			 | 
            accommodated in foster homes or other residential school facilities  | 
         
         
            | 
                
			 | 
            provided for by the agency so that those children may attend a  | 
         
         
            | 
                
			 | 
            regional day school program for the deaf; | 
         
         
            | 
                
			 | 
                         [(4)  enrolling in the Texas School for the Deaf those  | 
         
         
            | 
                
			 | 
            students who are deaf or hard of hearing whose needs can best be met  | 
         
         
            | 
                
			 | 
            in that school and designating the Texas School for the Deaf as the  | 
         
         
            | 
                
			 | 
            statewide educational resource for students who are deaf or hard of  | 
         
         
            | 
                
			 | 
            hearing; | 
         
         
            | 
                
			 | 
                         [(5)  encouraging students in regional day school  | 
         
         
            | 
                
			 | 
            programs for the deaf to attend general education classes on a  | 
         
         
            | 
                
			 | 
            part-time, full-time, or trial basis; and | 
         
         
            | 
                
			 | 
                         [(6)  recognizing the need for development of language  | 
         
         
            | 
                
			 | 
            and communications 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, with each  | 
         
         
            | 
                
			 | 
            student assessed thoroughly so as to ascertain the student's  | 
         
         
            | 
                
			 | 
            potential for communications through a variety of means, including  | 
         
         
            | 
                
			 | 
            through oral or aural means, fingerspelling, or sign language]. | 
         
         
            | 
                
			 | 
                   [(b)  The director of services may establish separate  | 
         
         
            | 
                
			 | 
            programs to accommodate diverse communication methodologies.] | 
         
         
            | 
                
			 | 
                   SECTION 4.51.  Section 37.146(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A complaint alleging the commission of a school offense  | 
         
         
            | 
                
			 | 
            must, in addition to the requirements imposed by Article 45A.101,  | 
         
         
            | 
                
			 | 
            Code of Criminal Procedure: | 
         
         
            | 
                
			 | 
                         (1)  be sworn to by a person who has personal knowledge  | 
         
         
            | 
                
			 | 
            of the underlying facts giving rise to probable cause to believe  | 
         
         
            | 
                
			 | 
            that an offense has been committed; and | 
         
         
            | 
                
			 | 
                         (2)  be accompanied by a statement from a school  | 
         
         
            | 
                
			 | 
            employee stating: | 
         
         
            | 
                
			 | 
                               (A)  whether the child is eligible for or receives  | 
         
         
            | 
                
			 | 
            special education services under Subchapter A, Chapter 29; and | 
         
         
            | 
                
			 | 
                               (B)  the graduated sanctions, if required under  | 
         
         
            | 
                
			 | 
            Section 37.144, that were imposed on the child before the complaint  | 
         
         
            | 
                
			 | 
            was filed. | 
         
         
            | 
                
			 | 
                   SECTION 4.52.  Section 38.003(c-1), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c-1)  The agency by rule shall develop procedures designed  | 
         
         
            | 
                
			 | 
            to allow the agency to: | 
         
         
            | 
                
			 | 
                         (1)  effectively audit and monitor and periodically  | 
         
         
            | 
                
			 | 
            conduct site visits of all school districts to ensure that  | 
         
         
            | 
                
			 | 
            districts are complying with this section, including the program  | 
         
         
            | 
                
			 | 
            approved by the State Board of Education under this section; | 
         
         
            | 
                
			 | 
                         (2)  identify any problems school districts experience  | 
         
         
            | 
                
			 | 
            in complying with this section, including the program approved by  | 
         
         
            | 
                
			 | 
            the State Board of Education under this section; | 
         
         
            | 
                
			 | 
                         (3)  develop reasonable and appropriate remedial  | 
         
         
            | 
                
			 | 
            strategies to address school district noncompliance and ensure the  | 
         
         
            | 
                
			 | 
            purposes of this section are accomplished, which may include the  | 
         
         
            | 
                
			 | 
            publication of a recommended evidence-based dyslexia program list;  | 
         
         
            | 
                
			 | 
            [and] | 
         
         
            | 
                
			 | 
                         (4)  solicit input from parents of students enrolled in  | 
         
         
            | 
                
			 | 
            a school district during the auditing and monitoring of the  | 
         
         
            | 
                
			 | 
            district under Subdivision (1) regarding the district's  | 
         
         
            | 
                
			 | 
            implementation of the program approved by the State Board of  | 
         
         
            | 
                
			 | 
            Education under this section; 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 the State Board of Education under this  | 
         
         
            | 
                
			 | 
            section and Part B, Individuals with Disabilities Education Act (20  | 
         
         
            | 
                
			 | 
            U.S.C. Section 1411 et seq.). | 
         
         
            | 
                
			 | 
                   SECTION 4.53.  Section 48.009(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The commissioner by rule shall require each school  | 
         
         
            | 
                
			 | 
            district and open-enrollment charter school to report through the  | 
         
         
            | 
                
			 | 
            Public Education Information Management System information  | 
         
         
            | 
                
			 | 
            regarding: | 
         
         
            | 
                
			 | 
                         (1)  the number of students enrolled in the district or  | 
         
         
            | 
                
			 | 
            school who are identified as having dyslexia; | 
         
         
            | 
                
			 | 
                         (2)  the availability of school counselors, including  | 
         
         
            | 
                
			 | 
            the number of full-time equivalent school counselors, at each  | 
         
         
            | 
                
			 | 
            campus; | 
         
         
            | 
                
			 | 
                         (3)  the availability of expanded learning  | 
         
         
            | 
                
			 | 
            opportunities as described by Section 33.252 at each campus; | 
         
         
            | 
                
			 | 
                         (4)  the total number of students, other than students  | 
         
         
            | 
                
			 | 
            described by Subdivision (5), enrolled in the district or school  | 
         
         
            | 
                
			 | 
            with whom the district or school, as applicable, used intervention  | 
         
         
            | 
                
			 | 
            strategies, as that term is defined by Section 26.004, at any time  | 
         
         
            | 
                
			 | 
            during the year for which the report is made; | 
         
         
            | 
                
			 | 
                         (5)  the total number of students enrolled in the  | 
         
         
            | 
                
			 | 
            district or school to whom the district or school provided aids,  | 
         
         
            | 
                
			 | 
            accommodations, or services under Section 504, Rehabilitation Act  | 
         
         
            | 
                
			 | 
            of 1973 (29 U.S.C. Section 794), at any time during the year for  | 
         
         
            | 
                
			 | 
            which the report is made; | 
         
         
            | 
                
			 | 
                         (6)  disaggregated by campus and grade, the number of: | 
         
         
            | 
                
			 | 
                               (A)  children who are required to attend school  | 
         
         
            | 
                
			 | 
            under Section 25.085, are not exempted under Section 25.086, and  | 
         
         
            | 
                
			 | 
            fail to attend school without excuse for 10 or more days or parts of  | 
         
         
            | 
                
			 | 
            days within a six-month period in the same school year; | 
         
         
            | 
                
			 | 
                               (B)  students for whom the district initiates a  | 
         
         
            | 
                
			 | 
            truancy prevention measure under Section 25.0915(a-4); and | 
         
         
            | 
                
			 | 
                               (C)  parents of students against whom an  | 
         
         
            | 
                
			 | 
            attendance officer or other appropriate school official has filed a  | 
         
         
            | 
                
			 | 
            complaint under Section 25.093; [and] | 
         
         
            | 
                
			 | 
                         (7)  the number of students who are enrolled in a high  | 
         
         
            | 
                
			 | 
            school equivalency program, a dropout recovery school, or an adult  | 
         
         
            | 
                
			 | 
            education program provided under a high school diploma and industry  | 
         
         
            | 
                
			 | 
            certification charter school program provided by the district or  | 
         
         
            | 
                
			 | 
            school and who: | 
         
         
            | 
                
			 | 
                               (A)  are at least 18 years of age and under 26  | 
         
         
            | 
                
			 | 
            years of age; | 
         
         
            | 
                
			 | 
                               (B)  have not previously been reported to the  | 
         
         
            | 
                
			 | 
            agency as dropouts; and | 
         
         
            | 
                
			 | 
                               (C)  enroll in the program at the district or  | 
         
         
            | 
                
			 | 
            school after not attending school for a period of at least nine  | 
         
         
            | 
                
			 | 
            months; and | 
         
         
            | 
                
			 | 
                         (8)  students enrolled in a special education program  | 
         
         
            | 
                
			 | 
            under Subchapter A, Chapter 29, as necessary for the agency to  | 
         
         
            | 
                
			 | 
            adequately perform general supervision activities and determine  | 
         
         
            | 
                
			 | 
            funding under Sections 48.102 and 48.1021. | 
         
         
            | 
                
			 | 
                   SECTION 4.54.  Section 48.102, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.102.  SPECIAL EDUCATION.  (a)  For 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 [1.15]. | 
         
         
            | 
                
			 | 
                   (a-1)  Notwithstanding Subsection (a), for the 2026-2027  | 
         
         
            | 
                
			 | 
            school year, the amount of an allotment under this section shall be  | 
         
         
            | 
                
			 | 
            determined in accordance with Section 48.1022.  This subsection  | 
         
         
            | 
                
			 | 
            expires September 1, 2027.  [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 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 determined according to instructional arrangement as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                         [Homebound  5.0 | 
         
         
            | 
                
			 | 
                         [Hospital class  3.0 | 
         
         
            | 
                
			 | 
                         [Speech therapy  5.0 | 
         
         
            | 
                
			 | 
                         [Resource room  3.0 | 
         
         
            | 
                
			 | 
                         [Self-contained, mild and moderate, regular campus  3.0 | 
         
         
            | 
                
			 | 
                         [Self-contained, severe, regular campus  3.0 | 
         
         
            | 
                
			 | 
                         [Off home campus  2.7 | 
         
         
            | 
                
			 | 
                         [Nonpublic day school  1.7 | 
         
         
            | 
                
			 | 
                         [Vocational adjustment class  2.3] | 
         
         
            | 
                
			 | 
                   (b)  The commissioner by rule shall define eight tiers of  | 
         
         
            | 
                
			 | 
            intensity of service for use in determining funding under this  | 
         
         
            | 
                
			 | 
            section.  The commissioner must include one tier specifically  | 
         
         
            | 
                
			 | 
            addressing students receiving special education services in  | 
         
         
            | 
                
			 | 
            residential placement and one tier for students receiving only  | 
         
         
            | 
                
			 | 
            speech therapy  [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 shall be established by  | 
         
         
            | 
                
			 | 
            commissioner rule.  The funding weight for this arrangement shall  | 
         
         
            | 
                
			 | 
            be 4.0 for those students who receive their education service on a  | 
         
         
            | 
                
			 | 
            local school district campus.  A special instructional arrangement  | 
         
         
            | 
                
			 | 
            for students with disabilities residing in state schools shall be  | 
         
         
            | 
                
			 | 
            established by commissioner rule with a funding weight of 2.8]. | 
         
         
            | 
                
			 | 
                   (c)  In defining the tiers of intensity of service under  | 
         
         
            | 
                
			 | 
            Subsection (b), the commissioner shall consider: | 
         
         
            | 
                
			 | 
                         (1)  the type, frequency, and nature of services  | 
         
         
            | 
                
			 | 
            provided to a student; | 
         
         
            | 
                
			 | 
                         (2)  the required certifications, licensures, or other  | 
         
         
            | 
                
			 | 
            qualifications for personnel serving the student; | 
         
         
            | 
                
			 | 
                         (3)  any identified or curriculum-required  | 
         
         
            | 
                
			 | 
            provider-to-student ratios for the student to receive the  | 
         
         
            | 
                
			 | 
            appropriate services; and | 
         
         
            | 
                
			 | 
                         (4)  any equipment or technology required for the  | 
         
         
            | 
                
			 | 
            services [For funding purposes, the number of contact hours  | 
         
         
            | 
                
			 | 
            credited per day for each student in the off home campus  | 
         
         
            | 
                
			 | 
            instructional arrangement may not exceed the contact hours credited  | 
         
         
            | 
                
			 | 
            per day for the multidistrict class instructional arrangement in  | 
         
         
            | 
                
			 | 
            the 1992-1993 school year]. | 
         
         
            | 
                
			 | 
                   (d)  [For funding purposes the contact hours credited per day  | 
         
         
            | 
                
			 | 
            for each student in the resource room; self-contained, mild and  | 
         
         
            | 
                
			 | 
            moderate; and self-contained, severe, instructional arrangements  | 
         
         
            | 
                
			 | 
            may not exceed the average of the statewide total contact hours  | 
         
         
            | 
                
			 | 
            credited per day for those three instructional arrangements in the  | 
         
         
            | 
                
			 | 
            1992-1993 school year. | 
         
         
            | 
                
			 | 
                   [(e)  The commissioner by rule shall prescribe the  | 
         
         
            | 
                
			 | 
            qualifications an instructional arrangement must meet in order to  | 
         
         
            | 
                
			 | 
            be funded as a particular instructional arrangement under this  | 
         
         
            | 
                
			 | 
            section.  In prescribing the qualifications that a mainstream  | 
         
         
            | 
                
			 | 
            instructional arrangement must meet, the commissioner shall  | 
         
         
            | 
                
			 | 
            establish requirements that students with disabilities and their  | 
         
         
            | 
                
			 | 
            teachers receive the direct, indirect, and support services that  | 
         
         
            | 
                
			 | 
            are necessary to enrich the regular classroom and enable student  | 
         
         
            | 
                
			 | 
            success. | 
         
         
            | 
                
			 | 
                   [(f)  In this section, "full-time equivalent student" means  | 
         
         
            | 
                
			 | 
            30 hours of contact a week between a special education student and  | 
         
         
            | 
                
			 | 
            special education program personnel. | 
         
         
            | 
                
			 | 
                   [(g)  The commissioner shall adopt rules and procedures  | 
         
         
            | 
                
			 | 
            governing contracts for residential placement of special education  | 
         
         
            | 
                
			 | 
            students.  The legislature shall provide by appropriation for the  | 
         
         
            | 
                
			 | 
            state's share of the costs of those placements. | 
         
         
            | 
                
			 | 
                   [(h)]  At least 55 percent of the funds allocated under this  | 
         
         
            | 
                
			 | 
            section must be used in the special education program under  | 
         
         
            | 
                
			 | 
            Subchapter A, Chapter 29. | 
         
         
            | 
                
			 | 
                   (e) [(i)]  The agency shall ensure [encourage] the placement  | 
         
         
            | 
                
			 | 
            of students in special education programs, including students in  | 
         
         
            | 
                
			 | 
            residential placement [instructional arrangements], in the least  | 
         
         
            | 
                
			 | 
            restrictive environment appropriate for their educational needs. | 
         
         
            | 
                
			 | 
                   (f) [(j)]  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 [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 [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 [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.  [The total amount of state  | 
         
         
            | 
                
			 | 
            funding for extended year services under this section may not  | 
         
         
            | 
                
			 | 
            exceed $10 million per year.]  A school district may use funds  | 
         
         
            | 
                
			 | 
            received under this section only in providing an extended year  | 
         
         
            | 
                
			 | 
            program. | 
         
         
            | 
                
			 | 
                   (g) [(k)]  From the total amount of funds appropriated for  | 
         
         
            | 
                
			 | 
            special education under this section, the commissioner shall  | 
         
         
            | 
                
			 | 
            withhold an amount specified in the General Appropriations Act, and  | 
         
         
            | 
                
			 | 
            distribute that amount to school districts for programs under  | 
         
         
            | 
                
			 | 
            Section 29.014.  The program established under that section is  | 
         
         
            | 
                
			 | 
            required only in school districts in which the program is financed  | 
         
         
            | 
                
			 | 
            by funds distributed under this subsection and any other funds  | 
         
         
            | 
                
			 | 
            available for the program.  After deducting the amount withheld  | 
         
         
            | 
                
			 | 
            under this subsection from the total amount appropriated for  | 
         
         
            | 
                
			 | 
            special education, the commissioner shall reduce each district's  | 
         
         
            | 
                
			 | 
            allotment proportionately and shall allocate funds to each district  | 
         
         
            | 
                
			 | 
            accordingly. | 
         
         
            | 
                
			 | 
                   (h)  Not later than December 1 of each even-numbered year,  | 
         
         
            | 
                
			 | 
            the commissioner shall submit to the Legislative Budget Board, for  | 
         
         
            | 
                
			 | 
            purposes of the allotment under this section, proposed weights for  | 
         
         
            | 
                
			 | 
            the tiers of intensity of service for the next state fiscal  | 
         
         
            | 
                
			 | 
            biennium. | 
         
         
            | 
                
			 | 
                   SECTION 4.55.  Subchapter C, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 48.1021 and 48.1022 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.1021.  SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.   | 
         
         
            | 
                
			 | 
            (a)  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)  Notwithstanding Subsection (a), for the 2026-2027  | 
         
         
            | 
                
			 | 
            school year, the amount of an allotment under this section shall be  | 
         
         
            | 
                
			 | 
            determined in accordance with Section 48.1022.  This subsection  | 
         
         
            | 
                
			 | 
            expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   (b)  The commissioner by rule shall establish at least four  | 
         
         
            | 
                
			 | 
            service groups for use in determining funding under this section.   | 
         
         
            | 
                
			 | 
            In establishing the groups, the commissioner must consider: | 
         
         
            | 
                
			 | 
                         (1)  the type, frequency, and nature of services  | 
         
         
            | 
                
			 | 
            provided to a student; | 
         
         
            | 
                
			 | 
                         (2)  the required certifications, licensures, or other  | 
         
         
            | 
                
			 | 
            qualifications for personnel serving the student; | 
         
         
            | 
                
			 | 
                         (3)  any identified or curriculum-required  | 
         
         
            | 
                
			 | 
            provider-to-student ratios for the student to receive the  | 
         
         
            | 
                
			 | 
            appropriate services; and | 
         
         
            | 
                
			 | 
                         (4)  any equipment or technology required for the  | 
         
         
            | 
                
			 | 
            services. | 
         
         
            | 
                
			 | 
                   (c)  At least 55 percent of the funds allocated under this  | 
         
         
            | 
                
			 | 
            section must be used for a special education program under  | 
         
         
            | 
                
			 | 
            Subchapter A, Chapter 29. | 
         
         
            | 
                
			 | 
                   (d)  Not later than December 1 of each even-numbered year,  | 
         
         
            | 
                
			 | 
            the commissioner shall submit to the Legislative Budget Board, 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)  For the 2026-2027 school year, the commissioner may 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)  For the 2026-2027 school year, the commissioner shall  | 
         
         
            | 
                
			 | 
            determine the formulas through which school districts receive  | 
         
         
            | 
                
			 | 
            funding under Sections 48.102 and 48.1021.  In determining the  | 
         
         
            | 
                
			 | 
            formulas, the commissioner shall 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 $250  | 
         
         
            | 
                
			 | 
            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)  Each school district and open-enrollment charter school  | 
         
         
            | 
                
			 | 
            shall report to the agency information necessary to implement this  | 
         
         
            | 
                
			 | 
            section. | 
         
         
            | 
                
			 | 
                   (d)  The agency shall provide technical assistance to school  | 
         
         
            | 
                
			 | 
            districts and open-enrollment charter schools to ensure a  | 
         
         
            | 
                
			 | 
            successful transition in funding formulas for special education. | 
         
         
            | 
                
			 | 
                   (e)  This section expires September 1, 2028. | 
         
         
            | 
                
			 | 
                   SECTION 4.56.  Sections 48.103(b), (c), and (d), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A school district is entitled to an allotment under  | 
         
         
            | 
                
			 | 
            Subsection (a) only for a student who: | 
         
         
            | 
                
			 | 
                         (1)  is receiving: | 
         
         
            | 
                
			 | 
                               (A)  instruction, services, or accommodations for  | 
         
         
            | 
                
			 | 
            dyslexia or a related disorder in accordance with[: | 
         
         
            | 
                
			 | 
                               [(A)]  an individualized education program  | 
         
         
            | 
                
			 | 
            developed for the student under Section 29.005; or | 
         
         
            | 
                
			 | 
                               (B)  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 receiving instruction that: | 
         
         
            | 
                
			 | 
                               [(A)  meets applicable dyslexia program criteria  | 
         
         
            | 
                
			 | 
            established by the State Board of Education; and | 
         
         
            | 
                
			 | 
                               [(B)  is provided by a person with specific  | 
         
         
            | 
                
			 | 
            training in providing that instruction; or | 
         
         
            | 
                
			 | 
                         [(3)]  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). | 
         
         
            | 
                
			 | 
                   (c)  A school district may receive funding for a student  | 
         
         
            | 
                
			 | 
            under each provision of this section, [and] Section 48.102, and  | 
         
         
            | 
                
			 | 
            Section 48.1021 for which [if] the student qualifies [satisfies the  | 
         
         
            | 
                
			 | 
            requirements of both sections]. | 
         
         
            | 
                
			 | 
                   (d)  A school district may use [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).  A  | 
         
         
            | 
                
			 | 
            student may not be excused from school to receive supplemental  | 
         
         
            | 
                
			 | 
            academic services provided under this subsection. | 
         
         
            | 
                
			 | 
                   SECTION 4.57.  Section 48.110(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  For each annual graduate in a cohort described by  | 
         
         
            | 
                
			 | 
            Subsection (b) who demonstrates college, career, or military  | 
         
         
            | 
                
			 | 
            readiness as described by Subsection (f) in excess of the minimum  | 
         
         
            | 
                
			 | 
            number of students determined for the applicable district cohort  | 
         
         
            | 
                
			 | 
            under Subsection (c), a school district is entitled to an annual  | 
         
         
            | 
                
			 | 
            outcomes bonus of: | 
         
         
            | 
                
			 | 
                         (1)  if the annual graduate is educationally  | 
         
         
            | 
                
			 | 
            disadvantaged, $5,000; | 
         
         
            | 
                
			 | 
                         (2)  if the annual graduate is not educationally  | 
         
         
            | 
                
			 | 
            disadvantaged, $3,000; and | 
         
         
            | 
                
			 | 
                         (3)  if the annual graduate is enrolled in a special  | 
         
         
            | 
                
			 | 
            education program under Subchapter A, Chapter 29, $4,000 [$2,000],  | 
         
         
            | 
                
			 | 
            regardless of whether the annual graduate is educationally  | 
         
         
            | 
                
			 | 
            disadvantaged. | 
         
         
            | 
                
			 | 
                   SECTION 4.58.  Section 48.151(g), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (g)  A school district or county that provides special  | 
         
         
            | 
                
			 | 
            transportation services for eligible special education students is  | 
         
         
            | 
                
			 | 
            entitled to a state allocation at a [paid on a previous year's  | 
         
         
            | 
                
			 | 
            cost-per-mile basis.  The] rate per mile equal to the sum of the  | 
         
         
            | 
                
			 | 
            rate per mile set under Subsection (c) and $0.13, or a greater  | 
         
         
            | 
                
			 | 
            amount provided [allowable shall be set] by appropriation [based on  | 
         
         
            | 
                
			 | 
            data gathered from the first year of each preceding biennium].   | 
         
         
            | 
                
			 | 
            Districts may use a portion of their support allocation to pay  | 
         
         
            | 
                
			 | 
            transportation costs, if necessary.  The commissioner may grant an  | 
         
         
            | 
                
			 | 
            amount set by appropriation for private transportation to reimburse  | 
         
         
            | 
                
			 | 
            parents or their agents for transporting eligible special education  | 
         
         
            | 
                
			 | 
            students.  The mileage allowed shall be computed along the shortest  | 
         
         
            | 
                
			 | 
            public road from the student's home to school and back, morning and  | 
         
         
            | 
                
			 | 
            afternoon.  The need for this type of transportation shall be  | 
         
         
            | 
                
			 | 
            determined on an individual basis and shall be approved only in  | 
         
         
            | 
                
			 | 
            extreme hardship cases. | 
         
         
            | 
                
			 | 
                   SECTION 4.59.  Subchapter D, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.159 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.159.  SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL  | 
         
         
            | 
                
			 | 
            EVALUATION.  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. | 
         
         
            | 
                
			 | 
                   SECTION 4.60.  Section 48.265(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  If [Notwithstanding any other provision of law, 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, the  | 
         
         
            | 
                
			 | 
            commissioner may provide [by rule shall establish a grant program  | 
         
         
            | 
                
			 | 
            through which excess funds are awarded as] grants using the excess  | 
         
         
            | 
                
			 | 
            money for the purchase of video equipment, or for the reimbursement  | 
         
         
            | 
                
			 | 
            of costs for previously purchased video equipment, used for  | 
         
         
            | 
                
			 | 
            monitoring special education classrooms or other special education  | 
         
         
            | 
                
			 | 
            settings required under Section 29.022. | 
         
         
            | 
                
			 | 
                   SECTION 4.61.  Section 48.279(e), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  After the commissioner has replaced any withheld  | 
         
         
            | 
                
			 | 
            federal funds as provided by Subsection (d), the commissioner shall  | 
         
         
            | 
                
			 | 
            distribute the remaining amount, if any, of funds described by  | 
         
         
            | 
                
			 | 
            Subsection (a) 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.  Subchapter G, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 48.304 and 48.315 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.304.  DAY PLACEMENT PROGRAM OR COOPERATIVE FUNDING.   | 
         
         
            | 
                
			 | 
            (a)  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)  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; | 
         
         
            | 
                
			 | 
                         (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)  the agency 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)  The agency may not designate more than one day placement  | 
         
         
            | 
                
			 | 
            program or cooperative for service per county each year. | 
         
         
            | 
                
			 | 
                   (d)  The agency may designate a regional education service  | 
         
         
            | 
                
			 | 
            center to implement and administer this section. | 
         
         
            | 
                
			 | 
                   (e)  Notwithstanding any other provision of this section,  | 
         
         
            | 
                
			 | 
            the agency may not provide an allotment under this section to more  | 
         
         
            | 
                
			 | 
            than 20 day placement programs or cooperatives for a year. | 
         
         
            | 
                
			 | 
                   Sec. 48.315.  FUNDING FOR REGIONAL DAY SCHOOL PROGRAMS FOR  | 
         
         
            | 
                
			 | 
            THE DEAF.  (a)  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)  Notwithstanding Subsection (a), the agency shall 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.  The following provisions of the Education  | 
         
         
            | 
                
			 | 
            Code are repealed: | 
         
         
            | 
                
			 | 
                         (1)  Section 7.055(b)(24); | 
         
         
            | 
                
			 | 
                         (2)  Sections 7.102(c)(18), (19), (20), (21), and (22); | 
         
         
            | 
                
			 | 
                         (3)  Section 29.002; | 
         
         
            | 
                
			 | 
                         (4)  Section 29.0041(c); | 
         
         
            | 
                
			 | 
                         (5)  Section 29.005(f); | 
         
         
            | 
                
			 | 
                         (6)  Section 29.0161; | 
         
         
            | 
                
			 | 
                         (7)  Sections 29.308, 29.309, 29.311, 30.001, and  | 
         
         
            | 
                
			 | 
            30.0015; | 
         
         
            | 
                
			 | 
                         (8)  Sections 30.002(c-1), (c-2), (f), (f-1), and (g); | 
         
         
            | 
                
			 | 
                         (9)  Section 30.084; | 
         
         
            | 
                
			 | 
                         (10)  Section 30.087(b); and | 
         
         
            | 
                
			 | 
                         (11)  Section 38.003(d). | 
         
         
            | 
                
			 | 
                   SECTION 4.64.  The commissioner of education shall award a  | 
         
         
            | 
                
			 | 
            grant under Subchapter A-1, Chapter 29, Education Code, as amended  | 
         
         
            | 
                
			 | 
            by this article, for the 2025-2026 school year to each eligible  | 
         
         
            | 
                
			 | 
            applicant who applied but was not accepted for the 2024-2025 school  | 
         
         
            | 
                
			 | 
            year. | 
         
         
            | 
                
			 | 
                   SECTION 4.65.  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 4.66.  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)  Except as provided by Subsection (b) or  | 
         
         
            | 
                
			 | 
            (c) of this section, this article takes effect immediately if this  | 
         
         
            | 
                
			 | 
            Act receives a vote of two-thirds of all the members elected to each  | 
         
         
            | 
                
			 | 
            house, as provided by Section 39, Article III, Texas Constitution.   | 
         
         
            | 
                
			 | 
            If this Act does not receive the vote necessary for immediate  | 
         
         
            | 
                
			 | 
            effect, this article takes effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (b)  Except as provided by Subsection (c) of this section,  | 
         
         
            | 
                
			 | 
            the amendments made by this article to Chapter 48, Education Code,  | 
         
         
            | 
                
			 | 
            take effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (c)  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, take effect September 1, 2026. | 
         
         
            | 
                
			 | 
            ARTICLE 5.  MEASURES TO SUPPORT EARLY CHILDHOOD EDUCATION | 
         
         
            | 
                
			 | 
                   SECTION 5.01.  Section 12.104(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  An open-enrollment charter school is subject to: | 
         
         
            | 
                
			 | 
                         (1)  a provision of this title establishing a criminal  | 
         
         
            | 
                
			 | 
            offense; | 
         
         
            | 
                
			 | 
                         (2)  the provisions in Chapter 554, Government Code;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (3)  a prohibition, restriction, or requirement, as  | 
         
         
            | 
                
			 | 
            applicable, imposed by this title or a rule adopted under this  | 
         
         
            | 
                
			 | 
            title, relating to: | 
         
         
            | 
                
			 | 
                               (A)  the Public Education Information Management  | 
         
         
            | 
                
			 | 
            System (PEIMS) to the extent necessary to monitor compliance with  | 
         
         
            | 
                
			 | 
            this subchapter as determined by the agency [commissioner]; | 
         
         
            | 
                
			 | 
                               (B)  criminal history records under Subchapter C,  | 
         
         
            | 
                
			 | 
            Chapter 22; | 
         
         
            | 
                
			 | 
                               (C)  reading and mathematics instruments and  | 
         
         
            | 
                
			 | 
            reading interventions [accelerated reading instruction programs]  | 
         
         
            | 
                
			 | 
            under Sections [Section] 28.006, 28.0063, and 28.0064; | 
         
         
            | 
                
			 | 
                               (D)  accelerated instruction under Section  | 
         
         
            | 
                
			 | 
            28.0211; | 
         
         
            | 
                
			 | 
                               (E)  high school graduation requirements under  | 
         
         
            | 
                
			 | 
            Section 28.025; | 
         
         
            | 
                
			 | 
                               (F)  special education programs under Subchapter  | 
         
         
            | 
                
			 | 
            A, Chapter 29; | 
         
         
            | 
                
			 | 
                               (G)  bilingual education under Subchapter B,  | 
         
         
            | 
                
			 | 
            Chapter 29; | 
         
         
            | 
                
			 | 
                               (H)  prekindergarten programs under Subchapter E  | 
         
         
            | 
                
			 | 
            or E-1, Chapter 29, except class size limits for prekindergarten  | 
         
         
            | 
                
			 | 
            classes imposed under Section 25.112, which do not apply; | 
         
         
            | 
                
			 | 
                               (I)  extracurricular activities under Section  | 
         
         
            | 
                
			 | 
            33.081; | 
         
         
            | 
                
			 | 
                               (J)  discipline management practices or behavior  | 
         
         
            | 
                
			 | 
            management techniques under Section 37.0021; | 
         
         
            | 
                
			 | 
                               (K)  health and safety under Chapter 38; | 
         
         
            | 
                
			 | 
                               (L)  the provisions of Subchapter A, Chapter 39; | 
         
         
            | 
                
			 | 
                               (M)  public school accountability and special  | 
         
         
            | 
                
			 | 
            investigations under Subchapters A, B, C, D, F, G, and J, Chapter  | 
         
         
            | 
                
			 | 
            39, and Chapter 39A; | 
         
         
            | 
                
			 | 
                               (N)  the requirement under Section 21.006 to  | 
         
         
            | 
                
			 | 
            report an educator's misconduct; | 
         
         
            | 
                
			 | 
                               (O)  intensive programs of instruction under  | 
         
         
            | 
                
			 | 
            Section 28.0213; | 
         
         
            | 
                
			 | 
                               (P)  the right of a school employee to report a  | 
         
         
            | 
                
			 | 
            crime, as provided by Section 37.148; | 
         
         
            | 
                
			 | 
                               (Q)  bullying prevention policies and procedures  | 
         
         
            | 
                
			 | 
            under Section 37.0832; | 
         
         
            | 
                
			 | 
                               (R)  the right of a school under Section 37.0052  | 
         
         
            | 
                
			 | 
            to place a student who has engaged in certain bullying behavior in a  | 
         
         
            | 
                
			 | 
            disciplinary alternative education program or to expel the student; | 
         
         
            | 
                
			 | 
                               (S)  the right under Section 37.0151 to report to  | 
         
         
            | 
                
			 | 
            local law enforcement certain conduct constituting assault or  | 
         
         
            | 
                
			 | 
            harassment; | 
         
         
            | 
                
			 | 
                               (T)  a parent's right to information regarding the  | 
         
         
            | 
                
			 | 
            provision of assistance for learning difficulties to the parent's  | 
         
         
            | 
                
			 | 
            child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | 
         
         
            | 
                
			 | 
                               (U)  establishment of residency under Section  | 
         
         
            | 
                
			 | 
            25.001; | 
         
         
            | 
                
			 | 
                               (V)  school safety requirements under Sections  | 
         
         
            | 
                
			 | 
            37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,  | 
         
         
            | 
                
			 | 
            37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and  | 
         
         
            | 
                
			 | 
            37.2071 and Subchapter J, Chapter 37; | 
         
         
            | 
                
			 | 
                               (W)  the early childhood literacy and mathematics  | 
         
         
            | 
                
			 | 
            proficiency plans under Section 11.185; | 
         
         
            | 
                
			 | 
                               (X)  the college, career, and military readiness  | 
         
         
            | 
                
			 | 
            plans under Section 11.186; and | 
         
         
            | 
                
			 | 
                               (Y)  parental options to retain a student under  | 
         
         
            | 
                
			 | 
            Section 28.02124. | 
         
         
            | 
                
			 | 
                   SECTION 5.02.  The heading to Section 21.4552, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.4552.  TEACHER LITERACY ACHIEVEMENT AND READING  | 
         
         
            | 
                
			 | 
            INTERVENTION ACADEMIES. | 
         
         
            | 
                
			 | 
                   SECTION 5.03.  Section 21.4552, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsections (b) and (d) and adding Subsections (d-1),  | 
         
         
            | 
                
			 | 
            (g), (h), and (i) to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A literacy achievement academy developed under this  | 
         
         
            | 
                
			 | 
            section: | 
         
         
            | 
                
			 | 
                         (1)  for teachers who provide reading instruction to  | 
         
         
            | 
                
			 | 
            students at the kindergarten or first, second, or third grade  | 
         
         
            | 
                
			 | 
            level: | 
         
         
            | 
                
			 | 
                               (A)  must include training in: | 
         
         
            | 
                
			 | 
                                     (i)  effective and systematic instructional  | 
         
         
            | 
                
			 | 
            practices in reading, including phonemic awareness, phonics,  | 
         
         
            | 
                
			 | 
            fluency, vocabulary, and comprehension; and | 
         
         
            | 
                
			 | 
                                     (ii)  the use of empirically validated  | 
         
         
            | 
                
			 | 
            instructional methods that are appropriate for struggling readers;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (B)  may include training in effective  | 
         
         
            | 
                
			 | 
            instructional practices in writing; | 
         
         
            | 
                
			 | 
                         (2)  for teachers who provide reading instruction to  | 
         
         
            | 
                
			 | 
            students at the fourth or fifth grade level: | 
         
         
            | 
                
			 | 
                               (A)  must include effective instructional  | 
         
         
            | 
                
			 | 
            practices that promote student development of reading  | 
         
         
            | 
                
			 | 
            comprehension and inferential and critical thinking; | 
         
         
            | 
                
			 | 
                               (B)  must provide training in the use of  | 
         
         
            | 
                
			 | 
            empirically validated instructional methods that are appropriate  | 
         
         
            | 
                
			 | 
            for struggling readers; and | 
         
         
            | 
                
			 | 
                               (C)  may include material on writing instruction; | 
         
         
            | 
                
			 | 
                         (3)  for teachers who provide reading instruction to  | 
         
         
            | 
                
			 | 
            students at the sixth, seventh, or eighth grade level, must include  | 
         
         
            | 
                
			 | 
            training in: | 
         
         
            | 
                
			 | 
                               (A)  strategies to be implemented in English  | 
         
         
            | 
                
			 | 
            language arts and other subject areas for multisyllable word  | 
         
         
            | 
                
			 | 
            reading, vocabulary development, and comprehension of expository  | 
         
         
            | 
                
			 | 
            and narrative text; | 
         
         
            | 
                
			 | 
                               (B)  an adaptation framework that enables  | 
         
         
            | 
                
			 | 
            teachers to respond to differing student strengths and needs,  | 
         
         
            | 
                
			 | 
            including adaptations for students of limited English proficiency  | 
         
         
            | 
                
			 | 
            or students receiving special education services under Subchapter  | 
         
         
            | 
                
			 | 
            A, Chapter 29; | 
         
         
            | 
                
			 | 
                               (C)  collaborative strategies to increase active  | 
         
         
            | 
                
			 | 
            student involvement and motivation to read; and | 
         
         
            | 
                
			 | 
                               (D)  other areas identified by the commissioner as  | 
         
         
            | 
                
			 | 
            essential components of reading instruction; and | 
         
         
            | 
                
			 | 
                         (4)  [for teachers who provide reading instruction to  | 
         
         
            | 
                
			 | 
            students at the seventh or eighth grade level, must include  | 
         
         
            | 
                
			 | 
            training in: | 
         
         
            | 
                
			 | 
                               [(A)  administration of the reading instrument  | 
         
         
            | 
                
			 | 
            required by Section 28.006(c-1); and | 
         
         
            | 
                
			 | 
                               [(B)  interpretation of the results of the reading  | 
         
         
            | 
                
			 | 
            instrument required by Section 28.006(c-1) and strategies, based on  | 
         
         
            | 
                
			 | 
            scientific research regarding effective reading instruction, for  | 
         
         
            | 
                
			 | 
            long-term intensive intervention to target identified student  | 
         
         
            | 
                
			 | 
            needs in word recognition, vocabulary, fluency, and comprehension;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         [(5)]  for teachers who provide instruction in  | 
         
         
            | 
                
			 | 
            mathematics, science, or social studies to students at the sixth,  | 
         
         
            | 
                
			 | 
            seventh, or eighth grade level, must include training in: | 
         
         
            | 
                
			 | 
                               (A)  strategies for incorporating reading  | 
         
         
            | 
                
			 | 
            instruction into the curriculum for the subject area taught by the  | 
         
         
            | 
                
			 | 
            teacher; and | 
         
         
            | 
                
			 | 
                               (B)  other areas identified by the commissioner. | 
         
         
            | 
                
			 | 
                   (d)  Except as provided by Subsection (d-1), from funds  | 
         
         
            | 
                
			 | 
            provided under Section 48.108 or other available [From] funds  | 
         
         
            | 
                
			 | 
            [appropriated for that purpose], a classroom teacher who provides  | 
         
         
            | 
                
			 | 
            instruction to students in kindergarten through third grade and  | 
         
         
            | 
                
			 | 
            completes [attends] a literacy achievement academy is entitled to  | 
         
         
            | 
                
			 | 
            receive a stipend from the school district in the amount determined  | 
         
         
            | 
                
			 | 
            by the commissioner.  From funds appropriated for that purpose, a  | 
         
         
            | 
                
			 | 
            district may provide a stipend to a classroom teacher who provides  | 
         
         
            | 
                
			 | 
            instruction to students in a grade level above third grade. 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)  A school district is not required to provide a stipend  | 
         
         
            | 
                
			 | 
            under Subsection (d) to a classroom teacher if the teacher: | 
         
         
            | 
                
			 | 
                         (1)  attends the literacy achievement academy as part  | 
         
         
            | 
                
			 | 
            of an educator preparation program in which the teacher is  | 
         
         
            | 
                
			 | 
            enrolled; | 
         
         
            | 
                
			 | 
                         (2)  attends the literacy achievement academy on a day  | 
         
         
            | 
                
			 | 
            or during hours of service included in the term of the teacher's  | 
         
         
            | 
                
			 | 
            contract; or | 
         
         
            | 
                
			 | 
                         (3)  is not directed or approved by the school district  | 
         
         
            | 
                
			 | 
            at which the teacher is employed to attend the literacy achievement  | 
         
         
            | 
                
			 | 
            academy. | 
         
         
            | 
                
			 | 
                   (g)  The agency shall 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.  A school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school shall provide any information  | 
         
         
            | 
                
			 | 
            requested by the agency for purposes of evaluating literacy  | 
         
         
            | 
                
			 | 
            achievement academies under this subsection. | 
         
         
            | 
                
			 | 
                   (h)  In addition to the literacy achievement academies  | 
         
         
            | 
                
			 | 
            developed under Subsection (a), the commissioner shall 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)  The commissioner may establish an advisory board to  | 
         
         
            | 
                
			 | 
            assist the agency in fulfilling the agency's duties under this  | 
         
         
            | 
                
			 | 
            section.  A recommendation of the advisory board shall be made  | 
         
         
            | 
                
			 | 
            available to the public.  Chapter 2110, Government Code, does not  | 
         
         
            | 
                
			 | 
            apply to an advisory board established under this subsection. | 
         
         
            | 
                
			 | 
                   SECTION 5.04.  The heading to Section 21.4553, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 21.4553.  TEACHER MATHEMATICS ACHIEVEMENT AND  | 
         
         
            | 
                
			 | 
            INTERVENTIONIST ACADEMIES. | 
         
         
            | 
                
			 | 
                   SECTION 5.05.  Section 21.4553, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsection (d) and adding Subsections (d-1), (g), (h),  | 
         
         
            | 
                
			 | 
            and (i) to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Except as provided by Subsection (d-1), from funds  | 
         
         
            | 
                
			 | 
            provided under Section 48.108 or other available [From] funds  | 
         
         
            | 
                
			 | 
            [appropriated for that purpose], a classroom teacher who completes  | 
         
         
            | 
                
			 | 
            [attends] a mathematics achievement academy is entitled to receive  | 
         
         
            | 
                
			 | 
            a stipend from the school district in the amount determined by the  | 
         
         
            | 
                
			 | 
            commissioner.  A stipend received under this subsection is not  | 
         
         
            | 
                
			 | 
            considered in determining whether a district is paying the  | 
         
         
            | 
                
			 | 
            classroom teacher the minimum monthly salary under Section 21.402. | 
         
         
            | 
                
			 | 
                   (d-1)  A school district is not required to provide a stipend  | 
         
         
            | 
                
			 | 
            under Subsection (d) to a classroom teacher if the teacher: | 
         
         
            | 
                
			 | 
                         (1)  attends the mathematics achievement academy as  | 
         
         
            | 
                
			 | 
            part of an educator preparation program in which the teacher is  | 
         
         
            | 
                
			 | 
            enrolled; | 
         
         
            | 
                
			 | 
                         (2)  attends the mathematics achievement academy on a  | 
         
         
            | 
                
			 | 
            day or during hours of service included in the term of the teacher's  | 
         
         
            | 
                
			 | 
            contract; or | 
         
         
            | 
                
			 | 
                         (3)  is not directed or approved by the school district  | 
         
         
            | 
                
			 | 
            at which the teacher is employed to attend the mathematics  | 
         
         
            | 
                
			 | 
            achievement academy. | 
         
         
            | 
                
			 | 
                   (g)  The agency shall 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.  A school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school shall provide any information  | 
         
         
            | 
                
			 | 
            requested by the agency for purposes of evaluating mathematics  | 
         
         
            | 
                
			 | 
            achievement academies under this subsection. | 
         
         
            | 
                
			 | 
                   (h)  In addition to the mathematics achievement academies  | 
         
         
            | 
                
			 | 
            developed under Subsection (a), the commissioner shall develop and  | 
         
         
            | 
                
			 | 
            make available mathematics interventionist academies for a teacher  | 
         
         
            | 
                
			 | 
            or other professional who provides mathematics interventions to  | 
         
         
            | 
                
			 | 
            students who require targeted instruction in foundational  | 
         
         
            | 
                
			 | 
            mathematics skills. | 
         
         
            | 
                
			 | 
                   (i)  The commissioner may establish an advisory board to  | 
         
         
            | 
                
			 | 
            assist the agency in fulfilling the agency's duties under this  | 
         
         
            | 
                
			 | 
            section.  A recommendation of the advisory board shall be made  | 
         
         
            | 
                
			 | 
            available to the public.  Chapter 2110, Government Code, does not  | 
         
         
            | 
                
			 | 
            apply to an advisory board established under this subsection. | 
         
         
            | 
                
			 | 
                   SECTION 5.06.  Subchapter C, Chapter 25, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 25.0816 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 25.0816.  ADDITIONAL DAYS SCHOOL YEAR PLANNING GRANT  | 
         
         
            | 
                
			 | 
            PROGRAM.  (a)  From money appropriated or otherwise available for  | 
         
         
            | 
                
			 | 
            the purpose, the agency shall 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)  In awarding grants under the program, the agency shall  | 
         
         
            | 
                
			 | 
            prioritize school districts and open-enrollment charter schools  | 
         
         
            | 
                
			 | 
            that seek to maximize incentive funding under Section 48.0051. | 
         
         
            | 
                
			 | 
                   (c)  The agency may solicit and accept gifts, grants, and  | 
         
         
            | 
                
			 | 
            donations for purposes of this section. | 
         
         
            | 
                
			 | 
                   SECTION 5.07.  Section 25.085(d), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Unless specifically exempted by Section 25.086, a  | 
         
         
            | 
                
			 | 
            student enrolled in a school district must attend: | 
         
         
            | 
                
			 | 
                         (1)  an extended-year program for which the student is  | 
         
         
            | 
                
			 | 
            eligible that is provided by the district for students identified  | 
         
         
            | 
                
			 | 
            as likely not to be promoted to the next grade level or tutorial  | 
         
         
            | 
                
			 | 
            classes required by the district under Section 29.084; | 
         
         
            | 
                
			 | 
                         (2)  a reading intervention program [an accelerated  | 
         
         
            | 
                
			 | 
            reading instruction program] to which the student is assigned under  | 
         
         
            | 
                
			 | 
            Section 28.0064 [28.006(g)]; | 
         
         
            | 
                
			 | 
                         (3)  an accelerated instruction program to which the  | 
         
         
            | 
                
			 | 
            student is assigned under Section 28.0211; | 
         
         
            | 
                
			 | 
                         (4)  a basic skills program to which the student is  | 
         
         
            | 
                
			 | 
            assigned under Section 29.086; or | 
         
         
            | 
                
			 | 
                         (5)  a summer program provided under Section 37.008(l)  | 
         
         
            | 
                
			 | 
            or Section 37.021. | 
         
         
            | 
                
			 | 
                   SECTION 5.08.  The heading to Section 28.006, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 28.006.  KINDERGARTEN READING READINESS [DIAGNOSIS]. | 
         
         
            | 
                
			 | 
                   SECTION 5.09.  Section 28.006, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (a), (b), (b-1), (c-2), (c-3), (d), (f), and  | 
         
         
            | 
                
			 | 
            (h) and adding Subsection (n) to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The commissioner shall develop recommendations for  | 
         
         
            | 
                
			 | 
            school districts for: | 
         
         
            | 
                
			 | 
                         (1)  administering reading instruments to measure  | 
         
         
            | 
                
			 | 
            students' foundational literacy skills in [diagnose student]  | 
         
         
            | 
                
			 | 
            reading development and comprehension; | 
         
         
            | 
                
			 | 
                         (2)  training educators in administering the reading  | 
         
         
            | 
                
			 | 
            instruments; and | 
         
         
            | 
                
			 | 
                         (3)  applying the results of the reading instruments to  | 
         
         
            | 
                
			 | 
            the instructional program. | 
         
         
            | 
                
			 | 
                   (b)  The commissioner shall adopt a [list of] reading  | 
         
         
            | 
                
			 | 
            instrument [instruments] that a school district shall [may] use at  | 
         
         
            | 
                
			 | 
            the beginning of the school year to measure a kindergarten  | 
         
         
            | 
                
			 | 
            student's foundational literacy skills in [diagnose student]  | 
         
         
            | 
                
			 | 
            reading development and comprehension.  A reading instrument  | 
         
         
            | 
                
			 | 
            adopted under this subsection may include other developmental  | 
         
         
            | 
                
			 | 
            skills as part of [For use in diagnosing the reading development and  | 
         
         
            | 
                
			 | 
            comprehension of kindergarten students, the commissioner shall  | 
         
         
            | 
                
			 | 
            adopt] a multidimensional assessment tool [that includes a reading  | 
         
         
            | 
                
			 | 
            instrument and tests at least three developmental skills, including  | 
         
         
            | 
                
			 | 
            literacy.  A multidimensional assessment tool administered as  | 
         
         
            | 
                
			 | 
            provided by this subsection is considered to be a reading  | 
         
         
            | 
                
			 | 
            instrument for purposes of this section.  A district-level  | 
         
         
            | 
                
			 | 
            committee established under Subchapter F, Chapter 11, may 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].  A [Each] reading instrument adopted by  | 
         
         
            | 
                
			 | 
            the commissioner [or a district-level committee] must be based on  | 
         
         
            | 
                
			 | 
            scientific research concerning foundational literacy skills in | 
         
         
            | 
                
			 | 
            reading [skills] development and [reading] comprehension and[.  A  | 
         
         
            | 
                
			 | 
            list of reading instruments adopted under this subsection must]  | 
         
         
            | 
                
			 | 
            provide for measuring [diagnosing] the foundational literacy  | 
         
         
            | 
                
			 | 
            skills in reading development and comprehension of students,  | 
         
         
            | 
                
			 | 
            including students participating in a program under Subchapter B,  | 
         
         
            | 
                
			 | 
            Chapter 29. | 
         
         
            | 
                
			 | 
                   (b-1)  The commissioner may approve not more than two [an]  | 
         
         
            | 
                
			 | 
            alternative reading instruments [instrument] for use in measuring  | 
         
         
            | 
                
			 | 
            [diagnosing] the foundational literacy skills in reading  | 
         
         
            | 
                
			 | 
            development and comprehension of kindergarten students that  | 
         
         
            | 
                
			 | 
            complies with the requirements under Subsection (b). | 
         
         
            | 
                
			 | 
                   (c-2)  Not later than the 60th day after the beginning of the  | 
         
         
            | 
                
			 | 
            school year, each [Each] school district shall administer at the  | 
         
         
            | 
                
			 | 
            kindergarten level a reading instrument adopted by the commissioner  | 
         
         
            | 
                
			 | 
            under Subsection (b) or approved by the commissioner under  | 
         
         
            | 
                
			 | 
            Subsection (b-1).  The district shall administer the reading  | 
         
         
            | 
                
			 | 
            instrument in accordance with the commissioner's recommendations  | 
         
         
            | 
                
			 | 
            under Subsection (a)(1) and policies developed by commissioner  | 
         
         
            | 
                
			 | 
            rule. | 
         
         
            | 
                
			 | 
                   (c-3)  The commissioner by rule shall determine the  | 
         
         
            | 
                
			 | 
            performance on a [the] reading instrument adopted or approved under  | 
         
         
            | 
                
			 | 
            this section [Subsection (b)] that indicates kindergarten  | 
         
         
            | 
                
			 | 
            readiness.  Each reading instrument adopted or approved under this  | 
         
         
            | 
                
			 | 
            section must 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)  The superintendent of each school district shall: | 
         
         
            | 
                
			 | 
                         (1)  report to the commissioner and the board of  | 
         
         
            | 
                
			 | 
            trustees of the district at a public meeting of the board the  | 
         
         
            | 
                
			 | 
            results of a [the] reading instrument administered to students  | 
         
         
            | 
                
			 | 
            under this section [instruments]; | 
         
         
            | 
                
			 | 
                         (2)  not later than the earlier of the 20th school day  | 
         
         
            | 
                
			 | 
            or the 30th [60th] calendar day after the date on which the results  | 
         
         
            | 
                
			 | 
            of a reading instrument are available, [was administered] report,  | 
         
         
            | 
                
			 | 
            in writing or electronically, to a student's parent or guardian the  | 
         
         
            | 
                
			 | 
            student's results on the instrument; and | 
         
         
            | 
                
			 | 
                         (3)  using the school readiness certification system  | 
         
         
            | 
                
			 | 
            provided to the school district in accordance with Section  | 
         
         
            | 
                
			 | 
            29.161(e), report electronically each student's raw score on the  | 
         
         
            | 
                
			 | 
            reading instrument to the agency for use in the school readiness  | 
         
         
            | 
                
			 | 
            certification system. | 
         
         
            | 
                
			 | 
                   (f)  The agency shall ensure [at least one] reading  | 
         
         
            | 
                
			 | 
            instruments adopted or approved [instrument for each grade level  | 
         
         
            | 
                
			 | 
            for which a reading instrument is required to be administered]  | 
         
         
            | 
                
			 | 
            under this section are [is] available to school districts at no  | 
         
         
            | 
                
			 | 
            cost. | 
         
         
            | 
                
			 | 
                   (h)  The school district shall make a good faith effort to  | 
         
         
            | 
                
			 | 
            ensure that the report [notice] required under Subsection (d)(2) | 
         
         
            | 
                
			 | 
            [this section] is provided either in person or electronically [by  | 
         
         
            | 
                
			 | 
            regular mail] and that the report [notice] is clear and easy to  | 
         
         
            | 
                
			 | 
            understand and is written in English and in the parent or guardian's  | 
         
         
            | 
                
			 | 
            native language. | 
         
         
            | 
                
			 | 
                   (n)  Nothing in this section may 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.  Subchapter A, Chapter 28, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 28.0063, 28.0064, 28.0065, and 28.0071  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 28.0063.  EARLY LITERACY AND NUMERACY INSTRUMENTS.  (a)   | 
         
         
            | 
                
			 | 
            The commissioner shall 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)  A reading or mathematics instrument adopted under  | 
         
         
            | 
                
			 | 
            Subsection (a) must: | 
         
         
            | 
                
			 | 
                         (1)  be based on scientific research concerning, as  | 
         
         
            | 
                
			 | 
            applicable: | 
         
         
            | 
                
			 | 
                               (A)  foundational literacy skills in reading  | 
         
         
            | 
                
			 | 
            development and comprehension; or | 
         
         
            | 
                
			 | 
                               (B)  foundational numeracy skills in mathematics; | 
         
         
            | 
                
			 | 
                         (2)  be capable of being administered at the beginning,  | 
         
         
            | 
                
			 | 
            middle, and end of the school year; | 
         
         
            | 
                
			 | 
                         (3)  be designed to assess the performance of students  | 
         
         
            | 
                
			 | 
            in, as applicable: | 
         
         
            | 
                
			 | 
                               (A)  the foundational literacy skills components  | 
         
         
            | 
                
			 | 
            of the essential knowledge and skills adopted under Section 28.002  | 
         
         
            | 
                
			 | 
            for language arts; or | 
         
         
            | 
                
			 | 
                               (B)  the foundational numeracy skills components  | 
         
         
            | 
                
			 | 
            of the essential knowledge and skills adopted under Section 28.002  | 
         
         
            | 
                
			 | 
            for mathematics; | 
         
         
            | 
                
			 | 
                         (4)  be capable of monitoring student progress in a  | 
         
         
            | 
                
			 | 
            manner that allows school district staff to identify specific  | 
         
         
            | 
                
			 | 
            foundational literacy or numeracy skills in need of targeted  | 
         
         
            | 
                
			 | 
            instruction; | 
         
         
            | 
                
			 | 
                         (5)  assess whether a student's skills identified as in  | 
         
         
            | 
                
			 | 
            need of targeted instruction indicate that the student is at risk,  | 
         
         
            | 
                
			 | 
            as determined by the agency, of not achieving satisfactory  | 
         
         
            | 
                
			 | 
            performance on the third grade reading or mathematics assessment  | 
         
         
            | 
                
			 | 
            administered under Section 39.023; | 
         
         
            | 
                
			 | 
                         (6)  for a reading instrument for students in  | 
         
         
            | 
                
			 | 
            kindergarten and first grade, include the applicable elements and  | 
         
         
            | 
                
			 | 
            criteria to serve as the required screenings for dyslexia and  | 
         
         
            | 
                
			 | 
            related disorders under Section 38.003; and | 
         
         
            | 
                
			 | 
                         (7)  for a reading instrument, allow a school district  | 
         
         
            | 
                
			 | 
            to generate a report regarding a student's reading progress,  | 
         
         
            | 
                
			 | 
            including progress from previous administrations of the same  | 
         
         
            | 
                
			 | 
            instrument, that is clear and easy to understand that may be  | 
         
         
            | 
                
			 | 
            distributed to the student's parent in English, Spanish, or, to the  | 
         
         
            | 
                
			 | 
            extent practicable, any other language spoken by the parent. | 
         
         
            | 
                
			 | 
                   (c)  The commissioner shall: | 
         
         
            | 
                
			 | 
                         (1)  update the list of reading and mathematics  | 
         
         
            | 
                
			 | 
            instruments adopted under Subsection (a) not less than once every  | 
         
         
            | 
                
			 | 
            four years; | 
         
         
            | 
                
			 | 
                         (2)  ensure the list adopted under Subsection (a)  | 
         
         
            | 
                
			 | 
            includes multiple reading and mathematics instruments; | 
         
         
            | 
                
			 | 
                         (3)  develop a process by which a school district may  | 
         
         
            | 
                
			 | 
            submit an instrument to the commissioner for approval; and | 
         
         
            | 
                
			 | 
                         (4)  make publicly available the criteria for the  | 
         
         
            | 
                
			 | 
            evaluation and approval of an instrument submitted to the  | 
         
         
            | 
                
			 | 
            commissioner. | 
         
         
            | 
                
			 | 
                   (d)  The instruments adopted or approved under this section  | 
         
         
            | 
                
			 | 
            shall be administered as follows: | 
         
         
            | 
                
			 | 
                         (1)  for kindergarten, at the middle and end of the  | 
         
         
            | 
                
			 | 
            school year; | 
         
         
            | 
                
			 | 
                         (2)  for first and second grade, at the beginning,  | 
         
         
            | 
                
			 | 
            middle, and end of the school year; and | 
         
         
            | 
                
			 | 
                         (3)  for third grade, at the beginning and middle of the  | 
         
         
            | 
                
			 | 
            school year. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner shall align and determine  | 
         
         
            | 
                
			 | 
            comparability of the instruments administered under this section  | 
         
         
            | 
                
			 | 
            with the following instruments: | 
         
         
            | 
                
			 | 
                         (1)  an instrument adopted or approved under Section  | 
         
         
            | 
                
			 | 
            28.006 that is administered to a kindergarten student at the  | 
         
         
            | 
                
			 | 
            beginning of the school year; and | 
         
         
            | 
                
			 | 
                         (2)  a third grade assessment instrument adopted or  | 
         
         
            | 
                
			 | 
            developed under Section 39.023 that is administered at the end of  | 
         
         
            | 
                
			 | 
            the school year for a third grade student. | 
         
         
            | 
                
			 | 
                   (f)  If the commissioner determines that an interim  | 
         
         
            | 
                
			 | 
            assessment instrument adopted under Section 39.023(o) provides the  | 
         
         
            | 
                
			 | 
            same intended outcomes as an instrument adopted or approved under  | 
         
         
            | 
                
			 | 
            this section, the commissioner may substitute that interim  | 
         
         
            | 
                
			 | 
            assessment instrument for an instrument adopted or approved under  | 
         
         
            | 
                
			 | 
            this section. | 
         
         
            | 
                
			 | 
                   (g)  A school district shall 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: | 
         
         
            | 
                
			 | 
                         (1)  administering the instruments; | 
         
         
            | 
                
			 | 
                         (2)  training staff on the instruments; and | 
         
         
            | 
                
			 | 
                         (3)  applying the results of the instruments to the  | 
         
         
            | 
                
			 | 
            district's instructional program. | 
         
         
            | 
                
			 | 
                   (h)  The superintendent of each school district shall: | 
         
         
            | 
                
			 | 
                         (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 or mathematics instrument administered to  | 
         
         
            | 
                
			 | 
            students under this section; and | 
         
         
            | 
                
			 | 
                         (2)  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, in writing  | 
         
         
            | 
                
			 | 
            or electronically, to a student's parent or guardian: | 
         
         
            | 
                
			 | 
                               (A)  the student's results on the instrument; | 
         
         
            | 
                
			 | 
                               (B)  for a reading instrument, the report  | 
         
         
            | 
                
			 | 
            described by Subsection (b)(7); and | 
         
         
            | 
                
			 | 
                               (C)  if the student is determined to be at risk for  | 
         
         
            | 
                
			 | 
            dyslexia or a related disorder based on the results of the reading  | 
         
         
            | 
                
			 | 
            instrument, information regarding that determination. | 
         
         
            | 
                
			 | 
                   (i)  The agency shall establish a list of reading and  | 
         
         
            | 
                
			 | 
            mathematics instruments adopted under Subsection (a) for which the  | 
         
         
            | 
                
			 | 
            agency has negotiated a price.  A school district is not required to  | 
         
         
            | 
                
			 | 
            use a method provided by Section 44.031 to purchase an instrument on  | 
         
         
            | 
                
			 | 
            the list established under this subsection. | 
         
         
            | 
                
			 | 
                   (j)  A student's parent or guardian may 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.  A school  | 
         
         
            | 
                
			 | 
            district may not encourage or direct a parent or guardian to submit  | 
         
         
            | 
                
			 | 
            a written request under this subsection. | 
         
         
            | 
                
			 | 
                   (k)  The commissioner shall adopt rules as necessary to  | 
         
         
            | 
                
			 | 
            implement this section. | 
         
         
            | 
                
			 | 
                   (l)  Section 2001.0045, Government Code, does not apply to a  | 
         
         
            | 
                
			 | 
            rule adopted under this section. | 
         
         
            | 
                
			 | 
                   (m)  A school district may 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).  This subsection expires September 1, 2029. | 
         
         
            | 
                
			 | 
                   Sec. 28.0064.  EARLY LITERACY INTERVENTION FOR CERTAIN  | 
         
         
            | 
                
			 | 
            STUDENTS.  (a)  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 the agency, of not achieving  | 
         
         
            | 
                
			 | 
            satisfactory performance in foundational literacy, a school  | 
         
         
            | 
                
			 | 
            district shall, as soon as practicable following the receipt of the  | 
         
         
            | 
                
			 | 
            student's results, provide reading interventions to the student. | 
         
         
            | 
                
			 | 
                   (b)  Reading interventions provided under Subsection (a)  | 
         
         
            | 
                
			 | 
            must: | 
         
         
            | 
                
			 | 
                         (1)  include targeted instruction in the foundational  | 
         
         
            | 
                
			 | 
            literacy skills identified as areas in need of targeted instruction  | 
         
         
            | 
                
			 | 
            by the reading instrument administered under Section 28.0063; | 
         
         
            | 
                
			 | 
                         (2)  ensure that the student receives the interventions  | 
         
         
            | 
                
			 | 
            during a period and at a frequency sufficient to address the areas  | 
         
         
            | 
                
			 | 
            described by Subdivision (1); | 
         
         
            | 
                
			 | 
                         (3)  include effective instructional materials  | 
         
         
            | 
                
			 | 
            designed for reading intervention; | 
         
         
            | 
                
			 | 
                         (4)  be provided by a person: | 
         
         
            | 
                
			 | 
                               (A)  with training in reading interventions and in  | 
         
         
            | 
                
			 | 
            the applicable instructional materials described by Subdivision  | 
         
         
            | 
                
			 | 
            (3); and | 
         
         
            | 
                
			 | 
                               (B)  under the oversight of the school district; | 
         
         
            | 
                
			 | 
                         (5)  to the extent possible, be provided by one person  | 
         
         
            | 
                
			 | 
            for the entirety of the student's reading intervention period; and | 
         
         
            | 
                
			 | 
                         (6)  meet any additional requirements adopted by the  | 
         
         
            | 
                
			 | 
            commissioner. | 
         
         
            | 
                
			 | 
                   (c)  A school district shall continue providing reading  | 
         
         
            | 
                
			 | 
            intervention to a student under this section until the earlier of  | 
         
         
            | 
                
			 | 
            the date on which: | 
         
         
            | 
                
			 | 
                         (1)  the student is no longer determined to be at risk,  | 
         
         
            | 
                
			 | 
            as determined by the agency, of not achieving satisfactory  | 
         
         
            | 
                
			 | 
            performance in foundational literacy on a reading instrument  | 
         
         
            | 
                
			 | 
            administered under Section 28.0063; or | 
         
         
            | 
                
			 | 
                         (2)  the student begins the fourth grade. | 
         
         
            | 
                
			 | 
                   (d)  In providing reading interventions under this section,  | 
         
         
            | 
                
			 | 
            a school district may not remove 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: | 
         
         
            | 
                
			 | 
                         (1)  instruction in the foundation curriculum and  | 
         
         
            | 
                
			 | 
            enrichment curriculum adopted under Section 28.002 for the grade  | 
         
         
            | 
                
			 | 
            level in which the student is enrolled; or | 
         
         
            | 
                
			 | 
                         (2)  recess or other physical activity that is  | 
         
         
            | 
                
			 | 
            available to other students enrolled in the same grade level. | 
         
         
            | 
                
			 | 
                   (e)  The agency shall approve one or more products that use  | 
         
         
            | 
                
			 | 
            an automated, computerized, or other augmented method for providing  | 
         
         
            | 
                
			 | 
            reading interventions.  The agency may approve a product under this  | 
         
         
            | 
                
			 | 
            subsection only if evidence indicates that the product is effective  | 
         
         
            | 
                
			 | 
            at promoting mastery of foundational literacy skills. | 
         
         
            | 
                
			 | 
                   (f)  Subject to appropriation, the agency shall ensure that  | 
         
         
            | 
                
			 | 
            at least one product approved under Subsection (e) is available to  | 
         
         
            | 
                
			 | 
            school districts at no or reduced cost. | 
         
         
            | 
                
			 | 
                   (g)  A student's parent or guardian may 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).  A school district  | 
         
         
            | 
                
			 | 
            may not encourage or direct 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)  A school district must provide to the parent or guardian  | 
         
         
            | 
                
			 | 
            of a student receiving reading interventions under this section the  | 
         
         
            | 
                
			 | 
            notice required under Section 26.0081(d). | 
         
         
            | 
                
			 | 
                   (i)  Nothing in this section may be 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 the agency, of not  | 
         
         
            | 
                
			 | 
            achieving satisfactory performance in foundational literacy. | 
         
         
            | 
                
			 | 
                   (j)  Nothing in this section may 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. | 
         
         
            | 
                
			 | 
                   (k)  The commissioner shall 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)  Section 2001.0045, Government Code, does not apply to a  | 
         
         
            | 
                
			 | 
            rule adopted under this section. | 
         
         
            | 
                
			 | 
                   (m)  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 must comply with  | 
         
         
            | 
                
			 | 
            this section.  This subsection expires September 1, 2029. | 
         
         
            | 
                
			 | 
                   Sec. 28.0065.  ADAPTIVE VOCABULARY PILOT PROGRAM.  (a)  The  | 
         
         
            | 
                
			 | 
            agency shall develop and implement an adaptive vocabulary  | 
         
         
            | 
                
			 | 
            assessment pilot program to assess vocabulary development in  | 
         
         
            | 
                
			 | 
            students in kindergarten through third grade. | 
         
         
            | 
                
			 | 
                   (b)  The agency may develop an assessment under the pilot  | 
         
         
            | 
                
			 | 
            program to assess students in grades other than grades described by  | 
         
         
            | 
                
			 | 
            Subsection (a). | 
         
         
            | 
                
			 | 
                   (c)  Nothing in this section may 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. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner may adopt rules as necessary to  | 
         
         
            | 
                
			 | 
            implement this section. | 
         
         
            | 
                
			 | 
                   Sec. 28.0071.  MATHEMATICS TRAINING FOR KINDERGARTEN  | 
         
         
            | 
                
			 | 
            THROUGH THIRD GRADE.  (a)  Each school district and open-enrollment  | 
         
         
            | 
                
			 | 
            charter school shall ensure that: | 
         
         
            | 
                
			 | 
                         (1)  not later than the 2030-2031 school year, each  | 
         
         
            | 
                
			 | 
            classroom teacher that provides instruction in mathematics to  | 
         
         
            | 
                
			 | 
            students in kindergarten through third 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)  The agency shall provide assistance to school districts  | 
         
         
            | 
                
			 | 
            and open-enrollment charter schools in complying with the  | 
         
         
            | 
                
			 | 
            requirements under this section. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall: | 
         
         
            | 
                
			 | 
                         (1)  monitor the implementation of this section; and | 
         
         
            | 
                
			 | 
                         (2)  periodically report to the legislature on the  | 
         
         
            | 
                
			 | 
            implementation of this section and the effectiveness of this  | 
         
         
            | 
                
			 | 
            section in improving educational outcomes. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner may adopt rules to implement this  | 
         
         
            | 
                
			 | 
            section. | 
         
         
            | 
                
			 | 
                   SECTION 5.11.  Subchapter B, Chapter 28, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 28.02111 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 28.02111.  FIRST THROUGH THIRD GRADE SUPPLEMENTARY  | 
         
         
            | 
                
			 | 
            SUPPORTS.  (a)  The commissioner shall establish and administer a  | 
         
         
            | 
                
			 | 
            program designed to help improve 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 agency-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)  The agency shall approve as a provider of tutoring  | 
         
         
            | 
                
			 | 
            services under this section a classroom teacher employed by a  | 
         
         
            | 
                
			 | 
            school district or open-enrollment charter school who: | 
         
         
            | 
                
			 | 
                         (1)  holds a current teacher designation under Section  | 
         
         
            | 
                
			 | 
            21.3521; and | 
         
         
            | 
                
			 | 
                         (2)  submits the teacher's name to the agency to offer  | 
         
         
            | 
                
			 | 
            tutoring services designed to help improve student proficiency in  | 
         
         
            | 
                
			 | 
            reading. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall: | 
         
         
            | 
                
			 | 
                         (1)  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 | 
         
         
            | 
                
			 | 
                         (2)  implement the program in a manner that ensures: | 
         
         
            | 
                
			 | 
                               (A)  ease of use for parents of students who are  | 
         
         
            | 
                
			 | 
            eligible for a grant under this section; | 
         
         
            | 
                
			 | 
                               (B)  fidelity of spending; and | 
         
         
            | 
                
			 | 
                               (C)  a parent of a student awarded a grant under  | 
         
         
            | 
                
			 | 
            this section is provided a period of one year from the date on which  | 
         
         
            | 
                
			 | 
            the grant is awarded to obtain services for which grant money may be  | 
         
         
            | 
                
			 | 
            used. | 
         
         
            | 
                
			 | 
                   (d)  A student may not receive 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)  The agency may 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 the agency's cost of  | 
         
         
            | 
                
			 | 
            administering the program. | 
         
         
            | 
                
			 | 
                   (f)  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, as applicable. | 
         
         
            | 
                
			 | 
                   (g)  A school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            shall 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 the agency. | 
         
         
            | 
                
			 | 
                   (h)  A decision by the commissioner regarding the program  | 
         
         
            | 
                
			 | 
            under this section is final and may not be appealed. | 
         
         
            | 
                
			 | 
                   (i)  The commissioner shall adopt rules as necessary to  | 
         
         
            | 
                
			 | 
            implement this section. | 
         
         
            | 
                
			 | 
                   SECTION 5.12.  Section 29.0031, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by adding Subsection (e) to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  A school district shall 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.  Section 29.153, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (b) and (g) and adding Subsections (g-1), (h),  | 
         
         
            | 
                
			 | 
            and (i) to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  A child is eligible for enrollment in a prekindergarten  | 
         
         
            | 
                
			 | 
            class under this section if the child is at least three years of age  | 
         
         
            | 
                
			 | 
            and: | 
         
         
            | 
                
			 | 
                         (1)  is unable to speak and comprehend the English  | 
         
         
            | 
                
			 | 
            language; | 
         
         
            | 
                
			 | 
                         (2)  is educationally disadvantaged; | 
         
         
            | 
                
			 | 
                         (3)  is homeless, regardless of the residence of the  | 
         
         
            | 
                
			 | 
            child, of either parent of the child, or of the child's guardian or  | 
         
         
            | 
                
			 | 
            other person having lawful control of the child; | 
         
         
            | 
                
			 | 
                         (4)  is the child of an active duty member of the armed  | 
         
         
            | 
                
			 | 
            forces of the United States, including the state military forces or  | 
         
         
            | 
                
			 | 
            a reserve component of the armed forces, who is ordered to active  | 
         
         
            | 
                
			 | 
            duty by proper authority; | 
         
         
            | 
                
			 | 
                         (5)  is the child of a member of the armed forces of the  | 
         
         
            | 
                
			 | 
            United States, including the state military forces or a reserve  | 
         
         
            | 
                
			 | 
            component of the armed forces, who was injured or killed while  | 
         
         
            | 
                
			 | 
            serving on active duty; | 
         
         
            | 
                
			 | 
                         (6)  is or ever has been in: | 
         
         
            | 
                
			 | 
                               (A)  the conservatorship of the Department of  | 
         
         
            | 
                
			 | 
            Family and Protective Services following an adversary hearing held  | 
         
         
            | 
                
			 | 
            as provided by Section 262.201, Family Code; or | 
         
         
            | 
                
			 | 
                               (B)  foster care in another state or territory, if  | 
         
         
            | 
                
			 | 
            the child resides in this state; [or] | 
         
         
            | 
                
			 | 
                         (7)  is the child of a person eligible for the Star of  | 
         
         
            | 
                
			 | 
            Texas Award as: | 
         
         
            | 
                
			 | 
                               (A)  a peace officer under Section 3106.002,  | 
         
         
            | 
                
			 | 
            Government Code; | 
         
         
            | 
                
			 | 
                               (B)  a firefighter under Section 3106.003,  | 
         
         
            | 
                
			 | 
            Government Code; or | 
         
         
            | 
                
			 | 
                               (C)  an emergency medical first responder under  | 
         
         
            | 
                
			 | 
            Section 3106.004, Government Code; or | 
         
         
            | 
                
			 | 
                         (8)  is the child of a person employed as a classroom  | 
         
         
            | 
                
			 | 
            teacher at a public primary or secondary school in the school  | 
         
         
            | 
                
			 | 
            district that offers a prekindergarten class under this section. | 
         
         
            | 
                
			 | 
                   (g)  Before a school district or open-enrollment charter  | 
         
         
            | 
                
			 | 
            school may 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 must: | 
         
         
            | 
                
			 | 
                         (1)  solicit and consider proposals for partnerships to  | 
         
         
            | 
                
			 | 
            provide those classes with community-based child-care providers  | 
         
         
            | 
                
			 | 
            who: | 
         
         
            | 
                
			 | 
                               (A) [(1)]  are a Texas Rising Star Program  | 
         
         
            | 
                
			 | 
            provider with a three-star certification or higher; | 
         
         
            | 
                
			 | 
                               (B) [(2)]  are nationally accredited; | 
         
         
            | 
                
			 | 
                               (C) [(3)]  are a Head Start program provider; | 
         
         
            | 
                
			 | 
                               (D) [(4)]  are a Texas School Ready! participant;  | 
         
         
            | 
                
			 | 
            or | 
         
         
            | 
                
			 | 
                               (E) [(5)]  meet the requirements under Section  | 
         
         
            | 
                
			 | 
            29.1532; and | 
         
         
            | 
                
			 | 
                         (2)  have received an official determination from a  | 
         
         
            | 
                
			 | 
            prekindergarten partnership intermediary designated under  | 
         
         
            | 
                
			 | 
            Subsection (g-1) that the providers from which the district or  | 
         
         
            | 
                
			 | 
            school has considered proposals under Subdivision (1) 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. | 
         
         
            | 
                
			 | 
                   (g-1)  The commissioner shall designate at least four  | 
         
         
            | 
                
			 | 
            appropriate entities as prekindergarten partnership intermediaries  | 
         
         
            | 
                
			 | 
            to develop partnerships between school districts and  | 
         
         
            | 
                
			 | 
            open-enrollment charter schools and private prekindergarten  | 
         
         
            | 
                
			 | 
            providers.  The agency shall 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)  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: | 
         
         
            | 
                
			 | 
                         (1)  must comply with any municipal ordinance  | 
         
         
            | 
                
			 | 
            applicable to the operation of a private prekindergarten program;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  may not be 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)  A partnership entered into between a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school and a private provider for a  | 
         
         
            | 
                
			 | 
            prekindergarten class under this section must provide for the  | 
         
         
            | 
                
			 | 
            provider to receive funding for each district or school student  | 
         
         
            | 
                
			 | 
            enrolled in the class in an amount that is not less than 85 percent  | 
         
         
            | 
                
			 | 
            of the amount of funding that the district or school receives for  | 
         
         
            | 
                
			 | 
            the student.  Notwithstanding Section 7.056(e)(3)(I), the  | 
         
         
            | 
                
			 | 
            commissioner may 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.  Section 29.1531, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsections (a) and (b) and adding Subsections (c) and  | 
         
         
            | 
                
			 | 
            (d) to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Except as provided by Subsection (c), a [A] school  | 
         
         
            | 
                
			 | 
            district may offer on a tuition basis or use district funds to  | 
         
         
            | 
                
			 | 
            provide: | 
         
         
            | 
                
			 | 
                         (1)  an additional half-day of prekindergarten classes  | 
         
         
            | 
                
			 | 
            to children who are eligible for classes under Section 29.153 and  | 
         
         
            | 
                
			 | 
            are under four years of age; and | 
         
         
            | 
                
			 | 
                         (2)  half-day and full-day prekindergarten classes to  | 
         
         
            | 
                
			 | 
            children not eligible for classes under Section 29.153. | 
         
         
            | 
                
			 | 
                   (b)  A district that offers a prekindergarten program on a  | 
         
         
            | 
                
			 | 
            tuition basis[: | 
         
         
            | 
                
			 | 
                         [(1)]  may not adopt a tuition rate for the program that  | 
         
         
            | 
                
			 | 
            is higher than necessary to cover the added costs of providing the  | 
         
         
            | 
                
			 | 
            program, including any costs associated with collecting,  | 
         
         
            | 
                
			 | 
            reporting, and analyzing data under Section 29.1532(c)[; and | 
         
         
            | 
                
			 | 
                         [(2)  must submit the proposed tuition rate to the  | 
         
         
            | 
                
			 | 
            commissioner for approval]. | 
         
         
            | 
                
			 | 
                   (c)  A school district may offer a prekindergarten program on  | 
         
         
            | 
                
			 | 
            a tuition basis only if the district has received an official  | 
         
         
            | 
                
			 | 
            determination from a prekindergarten partnership intermediary  | 
         
         
            | 
                
			 | 
            designated under Section 29.153(g-1) that no private  | 
         
         
            | 
                
			 | 
            prekindergarten providers that meet the qualifications of Section  | 
         
         
            | 
                
			 | 
            29.153(g)(1)(A), (B), (C), or (D) are available to serve the  | 
         
         
            | 
                
			 | 
            students for whom the district plans to charge tuition. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner may adopt rules under this section,  | 
         
         
            | 
                
			 | 
            including rules establishing the manner in which a prekindergarten  | 
         
         
            | 
                
			 | 
            partnership intermediary may determine whether a private  | 
         
         
            | 
                
			 | 
            prekindergarten provider is available. | 
         
         
            | 
                
			 | 
                   SECTION 5.15.  Section 29.1543, Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.1543.  EARLY EDUCATION REPORTS.  (a)  The agency  | 
         
         
            | 
                
			 | 
            shall produce and make available to the public on the agency's  | 
         
         
            | 
                
			 | 
            Internet website annual district and campus-level reports  | 
         
         
            | 
                
			 | 
            containing information from the previous school year on early  | 
         
         
            | 
                
			 | 
            education in school districts and open-enrollment charter schools.   | 
         
         
            | 
                
			 | 
            A report under this section must contain: | 
         
         
            | 
                
			 | 
                         (1)  the information required by Section 29.1532(c) to  | 
         
         
            | 
                
			 | 
            be reported through the Public Education Information Management  | 
         
         
            | 
                
			 | 
            System (PEIMS); | 
         
         
            | 
                
			 | 
                         (2)  a description of the [diagnostic] reading  | 
         
         
            | 
                
			 | 
            instruments administered in accordance with Section 28.006(c-2) | 
         
         
            | 
                
			 | 
            [28.006(c) or (c-2)]; | 
         
         
            | 
                
			 | 
                         (3)  the number of students who were administered a  | 
         
         
            | 
                
			 | 
            [diagnostic] reading instrument administered in accordance with  | 
         
         
            | 
                
			 | 
            Section 28.006(c-2) [28.006(c) or (c-2)]; | 
         
         
            | 
                
			 | 
                         (4)  the number of students whose scores from a  | 
         
         
            | 
                
			 | 
            [diagnostic] reading instrument administered in accordance with  | 
         
         
            | 
                
			 | 
            Section 28.006(c-2) [28.006(c) or (c-2)] indicate kindergarten  | 
         
         
            | 
                
			 | 
            readiness in 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 school  | 
         
         
            | 
                
			 | 
            years [year] in the same district or school as the district or  | 
         
         
            | 
                
			 | 
            school in which the student attends kindergarten; | 
         
         
            | 
                
			 | 
                         (6)  the number and percentage of students who perform  | 
         
         
            | 
                
			 | 
            satisfactorily on the third grade reading or mathematics assessment  | 
         
         
            | 
                
			 | 
            instrument administered under Section 39.023, disaggregated by  | 
         
         
            | 
                
			 | 
            whether the student was eligible for free prekindergarten under  | 
         
         
            | 
                
			 | 
            Section 29.153; | 
         
         
            | 
                
			 | 
                         (7)  the number of students described by Subdivision  | 
         
         
            | 
                
			 | 
            (6) who attended kindergarten in the district, disaggregated by: | 
         
         
            | 
                
			 | 
                               (A)  whether the student met the kindergarten  | 
         
         
            | 
                
			 | 
            readiness standard on a [the] reading instrument adopted under  | 
         
         
            | 
                
			 | 
            Section 28.006; | 
         
         
            | 
                
			 | 
                               (B)  whether the student attended prekindergarten  | 
         
         
            | 
                
			 | 
            in the district, including a program offered through a partnership  | 
         
         
            | 
                
			 | 
            under Section 29.153; and | 
         
         
            | 
                
			 | 
                               (C)  the type of prekindergarten the student  | 
         
         
            | 
                
			 | 
            attended, if applicable; [and] | 
         
         
            | 
                
			 | 
                         (8)  the information described by Subdivisions (6) and  | 
         
         
            | 
                
			 | 
            (7) disaggregated by whether the student is educationally  | 
         
         
            | 
                
			 | 
            disadvantaged; and | 
         
         
            | 
                
			 | 
                         (9)  the number of students identified as having a  | 
         
         
            | 
                
			 | 
            vision disorder or other vision problem requiring vision care under  | 
         
         
            | 
                
			 | 
            the screening program described by Section 36.004, Health and  | 
         
         
            | 
                
			 | 
            Safety Code, disaggregated by: | 
         
         
            | 
                
			 | 
                               (A)  grade level; | 
         
         
            | 
                
			 | 
                               (B)  gender; | 
         
         
            | 
                
			 | 
                               (C)  race; | 
         
         
            | 
                
			 | 
                               (D)  ethnicity; | 
         
         
            | 
                
			 | 
                               (E)  the student's status as educationally  | 
         
         
            | 
                
			 | 
            disadvantaged; | 
         
         
            | 
                
			 | 
                               (F)  the number of times the student was  | 
         
         
            | 
                
			 | 
            previously identified as having a vision disorder or other vision  | 
         
         
            | 
                
			 | 
            problem; | 
         
         
            | 
                
			 | 
                               (G)  the identified vision disorder or problem;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (H)  the type of screening equipment used for the  | 
         
         
            | 
                
			 | 
            screening. | 
         
         
            | 
                
			 | 
                   (b)  Subject to appropriation or from money otherwise  | 
         
         
            | 
                
			 | 
            available for the purpose, the agency shall, in compliance with all  | 
         
         
            | 
                
			 | 
            applicable federal and state student privacy laws, acquire and  | 
         
         
            | 
                
			 | 
            maintain a third-party data management system to facilitate the  | 
         
         
            | 
                
			 | 
            reporting of information under this section. | 
         
         
            | 
                
			 | 
                   SECTION 5.16.  Section 29.161(c), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  The system must: | 
         
         
            | 
                
			 | 
                         (1)  be reflective of research in the field of early  | 
         
         
            | 
                
			 | 
            childhood care and education; | 
         
         
            | 
                
			 | 
                         (2)  be well-grounded in the cognitive, social, and  | 
         
         
            | 
                
			 | 
            emotional development of young children; | 
         
         
            | 
                
			 | 
                         (3)  apply a common set of criteria to each program  | 
         
         
            | 
                
			 | 
            provider seeking certification, regardless of the type of program  | 
         
         
            | 
                
			 | 
            or source of program funding; and | 
         
         
            | 
                
			 | 
                         (4)  be capable of fulfilling the reporting and notice  | 
         
         
            | 
                
			 | 
            requirements of Section [Sections] 28.006(d) [and (g)]. | 
         
         
            | 
                
			 | 
                   SECTION 5.17.  Section 29.167, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (b-1) and (b-3) and adding Subsection (b-4) to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (b-1)  Notwithstanding Subsection (b), each teacher for a  | 
         
         
            | 
                
			 | 
            prekindergarten class provided by an entity with which a school  | 
         
         
            | 
                
			 | 
            district contracts to provide a prekindergarten program must: | 
         
         
            | 
                
			 | 
                         (1)  be certified under Subchapter B, Chapter 21, to  | 
         
         
            | 
                
			 | 
            teach prekindergarten or supervised by a person who meets the  | 
         
         
            | 
                
			 | 
            requirements under Subsection (b); [and] | 
         
         
            | 
                
			 | 
                         (2)  have one of the following qualifications: | 
         
         
            | 
                
			 | 
                               (A)  at least two years' experience of teaching in  | 
         
         
            | 
                
			 | 
            a nationally accredited child care program or a Texas Rising Star  | 
         
         
            | 
                
			 | 
            Program and: | 
         
         
            | 
                
			 | 
                                     (i)  a Child Development Associate (CDA)  | 
         
         
            | 
                
			 | 
            credential or another early childhood education credential  | 
         
         
            | 
                
			 | 
            approved by the agency; or | 
         
         
            | 
                
			 | 
                                     (ii)  certification offered through a  | 
         
         
            | 
                
			 | 
            training center accredited by Association Montessori  | 
         
         
            | 
                
			 | 
            Internationale or through the Montessori Accreditation Council for  | 
         
         
            | 
                
			 | 
            Teacher Education; or | 
         
         
            | 
                
			 | 
                               (B)  a qualification described by Subsection  | 
         
         
            | 
                
			 | 
            (b)(2)(A), (D), (E), or (F); and | 
         
         
            | 
                
			 | 
                         (3)  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, enrolled in the prekindergarten program. | 
         
         
            | 
                
			 | 
                   (b-3)  Subsections (b-1), [and] (b-2), and (b-4) and this  | 
         
         
            | 
                
			 | 
            subsection expire September 1, 2029. | 
         
         
            | 
                
			 | 
                   (b-4)  Subsections (b-1) and (b-2) apply to any  | 
         
         
            | 
                
			 | 
            prekindergarten class provided by an entity with which a school  | 
         
         
            | 
                
			 | 
            district contracts to provide a prekindergarten program under  | 
         
         
            | 
                
			 | 
            Section 29.153. | 
         
         
            | 
                
			 | 
                   SECTION 5.18.  Sections 29.934(b) and (d), Education Code,  | 
         
         
            | 
                
			 | 
            are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  To apply to be designated as a resource campus under  | 
         
         
            | 
                
			 | 
            this section, the campus must 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) or 39.0546 of "Not Rated," for  | 
         
         
            | 
                
			 | 
            three [four] years over a 10-year period of time. | 
         
         
            | 
                
			 | 
                   (d)  To be designated as a resource campus, the campus must: | 
         
         
            | 
                
			 | 
                         (1)  implement a targeted improvement plan as described  | 
         
         
            | 
                
			 | 
            by Chapter 39A and establish a school community partnership team; | 
         
         
            | 
                
			 | 
                         (2)  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) must also  | 
         
         
            | 
                
			 | 
            hold a current designation assigned under Section 21.3521]; | 
         
         
            | 
                
			 | 
                         (3)  be in a school district that has adopted an  | 
         
         
            | 
                
			 | 
            approved local optional teacher designation system under Section  | 
         
         
            | 
                
			 | 
            21.3521; | 
         
         
            | 
                
			 | 
                         (4)  satisfy certain staff criteria by: | 
         
         
            | 
                
			 | 
                               (A)  requiring a principal or teacher employed at  | 
         
         
            | 
                
			 | 
            the campus before the designation to apply for a position to  | 
         
         
            | 
                
			 | 
            continue at the campus; | 
         
         
            | 
                
			 | 
                               (B)  for a subject in the foundation curriculum  | 
         
         
            | 
                
			 | 
            under Section 28.002(a)(1): | 
         
         
            | 
                
			 | 
                                     (i)  employing only teachers who have at  | 
         
         
            | 
                
			 | 
            least two [three] years of teaching experience; and | 
         
         
            | 
                
			 | 
                                     (ii)  ensuring that at least 50 percent of  | 
         
         
            | 
                
			 | 
            teachers hold a current designation assigned under Section 21.3521; | 
         
         
            | 
                
			 | 
                               (C)  employing at least one school counselor for  | 
         
         
            | 
                
			 | 
            every 300 students; and | 
         
         
            | 
                
			 | 
                               (D)  employing at least one appropriately  | 
         
         
            | 
                
			 | 
            licensed professional to assist with the social and emotional needs  | 
         
         
            | 
                
			 | 
            of students and staff, who must be a: | 
         
         
            | 
                
			 | 
                                     (i)  family and community liaison; | 
         
         
            | 
                
			 | 
                                     (ii)  clinical social worker; | 
         
         
            | 
                
			 | 
                                     (iii)  specialist in school psychology; or | 
         
         
            | 
                
			 | 
                                     (iv)  professional counselor; | 
         
         
            | 
                
			 | 
                         (5)  implement a positive behavior program as provided  | 
         
         
            | 
                
			 | 
            by Section 37.0013; | 
         
         
            | 
                
			 | 
                         (6)  implement a family engagement plan as described by  | 
         
         
            | 
                
			 | 
            Section 29.168; | 
         
         
            | 
                
			 | 
                         (7)  develop and implement a plan to use high quality  | 
         
         
            | 
                
			 | 
            instructional materials; | 
         
         
            | 
                
			 | 
                         (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)  annually submit to the commissioner data and  | 
         
         
            | 
                
			 | 
            information required by the commissioner to assess fidelity of  | 
         
         
            | 
                
			 | 
            implementation. | 
         
         
            | 
                
			 | 
                   SECTION 5.19.  Effective September 1, 2028, Section 29.934,  | 
         
         
            | 
                
			 | 
            Education Code, is amended by amending Subsection (b) and adding  | 
         
         
            | 
                
			 | 
            Subsection (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  To apply to be designated as a resource campus under  | 
         
         
            | 
                
			 | 
            this section, the campus must 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 | 
         
         
            | 
                
			 | 
            [four] years over a 10-year period of time. | 
         
         
            | 
                
			 | 
                   (b-1)  Notwithstanding Subsection (b), a campus may 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.  This subsection expires September 1, 2033. | 
         
         
            | 
                
			 | 
                   SECTION 5.20.  Section 31.0752, Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 31.0752.  OPEN EDUCATION RESOURCE INSTRUCTIONAL  | 
         
         
            | 
                
			 | 
            MATERIAL SUPPORT PROGRAM.  (a)  The agency shall develop and  | 
         
         
            | 
                
			 | 
            maintain a program to assist school districts and open-enrollment  | 
         
         
            | 
                
			 | 
            charter schools in adopting and using open education resource  | 
         
         
            | 
                
			 | 
            instructional material made available under this subchapter,  | 
         
         
            | 
                
			 | 
            including by assisting districts and schools to: | 
         
         
            | 
                
			 | 
                         (1)  maintain the instructional flexibility of  | 
         
         
            | 
                
			 | 
            classroom teachers to address the needs of each student; and | 
         
         
            | 
                
			 | 
                         (2)  schedule instructional periods in a manner that  | 
         
         
            | 
                
			 | 
            allows classroom teachers sufficient time to effectively prepare  | 
         
         
            | 
                
			 | 
            and present instructional material within the teacher's normal work  | 
         
         
            | 
                
			 | 
            day. | 
         
         
            | 
                
			 | 
                   (b)  The agency shall 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.  A school district or open-enrollment  | 
         
         
            | 
                
			 | 
            charter school may 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.  This subsection expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   SECTION 5.21.  Subchapter B-1, Chapter 31, Education Code,  | 
         
         
            | 
                
			 | 
            is amended by adding Section 31.0754 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 31.0754.  COMMUNICATION REGARDING OPEN EDUCATION  | 
         
         
            | 
                
			 | 
            RESOURCE INSTRUCTIONAL MATERIALS.  Notwithstanding Chapter 2113,  | 
         
         
            | 
                
			 | 
            Government Code, the commissioner may enter into contracts or  | 
         
         
            | 
                
			 | 
            agreements and engage in efforts to communicate information  | 
         
         
            | 
                
			 | 
            regarding the development and availability of open education  | 
         
         
            | 
                
			 | 
            resource instructional materials made available under this  | 
         
         
            | 
                
			 | 
            subchapter, including activities to promote, market, and advertise  | 
         
         
            | 
                
			 | 
            the content included in and how to use those materials. | 
         
         
            | 
                
			 | 
                   SECTION 5.22.  Section 38.003, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (a) and adding Subsection (a-1) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (a)  The State Board of Education shall identify the  | 
         
         
            | 
                
			 | 
            necessary criteria and elements that provide for universal  | 
         
         
            | 
                
			 | 
            screening [Students enrolling in public schools in this state shall  | 
         
         
            | 
                
			 | 
            be screened or tested, as appropriate,] for dyslexia and related  | 
         
         
            | 
                
			 | 
            disorders for students [at appropriate times in accordance with a  | 
         
         
            | 
                
			 | 
            program approved by the State Board of Education.  The program must  | 
         
         
            | 
                
			 | 
            include screening at the end of the school year of each student] in  | 
         
         
            | 
                
			 | 
            kindergarten and [each student in the] first grade. | 
         
         
            | 
                
			 | 
                   (a-1)  The criteria and elements identified under Subsection  | 
         
         
            | 
                
			 | 
            (a) must 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.  Section 39.333, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 39.333.  REGIONAL AND DISTRICT LEVEL REPORT.  As part of  | 
         
         
            | 
                
			 | 
            the comprehensive biennial report under Section 39.332, the agency  | 
         
         
            | 
                
			 | 
            shall submit a regional and district level report covering the  | 
         
         
            | 
                
			 | 
            preceding two school years and containing: | 
         
         
            | 
                
			 | 
                         (1)  a summary of school district compliance with the  | 
         
         
            | 
                
			 | 
            student/teacher ratios and class-size limitations prescribed by  | 
         
         
            | 
                
			 | 
            Sections 25.111 and 25.112, including: | 
         
         
            | 
                
			 | 
                               (A)  the number of campuses and classes at each  | 
         
         
            | 
                
			 | 
            campus granted an exception from Section 25.112; and | 
         
         
            | 
                
			 | 
                               (B)  for each campus granted an exception from  | 
         
         
            | 
                
			 | 
            Section 25.112, a statement of whether the campus has been awarded a  | 
         
         
            | 
                
			 | 
            distinction designation under Subchapter G or has been identified  | 
         
         
            | 
                
			 | 
            as an unacceptable campus under Chapter 39A; | 
         
         
            | 
                
			 | 
                         (2)  a summary of the exemptions and waivers granted to  | 
         
         
            | 
                
			 | 
            campuses and school districts under Section 7.056 or 39.232 and a  | 
         
         
            | 
                
			 | 
            review of the effectiveness of each campus or district following  | 
         
         
            | 
                
			 | 
            deregulation; | 
         
         
            | 
                
			 | 
                         (3)  an evaluation of the performance of the system of  | 
         
         
            | 
                
			 | 
            regional education service centers based on the indicators adopted  | 
         
         
            | 
                
			 | 
            under Section 8.101 and client satisfaction with services provided  | 
         
         
            | 
                
			 | 
            under Subchapter B, Chapter 8; and | 
         
         
            | 
                
			 | 
                         (4)  [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; and | 
         
         
            | 
                
			 | 
                         [(5)]  the number of classes at each campus that are  | 
         
         
            | 
                
			 | 
            currently being taught by individuals who are not certified in the  | 
         
         
            | 
                
			 | 
            content areas of their respective classes. | 
         
         
            | 
                
			 | 
                   SECTION 5.24.  Section 48.0051, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by amending Subsections (a), (b), and (d) and adding Subsection  | 
         
         
            | 
                
			 | 
            (b-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The [Subject to Subsection (a-1), the] commissioner  | 
         
         
            | 
                
			 | 
            shall 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)  provides the minimum number of minutes of  | 
         
         
            | 
                
			 | 
            operational and instructional time required under Section 25.081  | 
         
         
            | 
                
			 | 
            and commissioner rules adopted under that section over at least 175 | 
         
         
            | 
                
			 | 
            [180] days of instruction; and | 
         
         
            | 
                
			 | 
                         (2)  offers an additional 30 days of half-day  | 
         
         
            | 
                
			 | 
            instruction for students enrolled in prekindergarten through  | 
         
         
            | 
                
			 | 
            eighth [fifth] grade. | 
         
         
            | 
                
			 | 
                   (b)  Subject to Subsection (b-1), for [For] a school district  | 
         
         
            | 
                
			 | 
            or open-enrollment charter school described by Subsection (a), the  | 
         
         
            | 
                
			 | 
            commissioner shall 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 [180]. | 
         
         
            | 
                
			 | 
                   (b-1)  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), the  | 
         
         
            | 
                
			 | 
            commissioner shall increase the amount computed for the district or  | 
         
         
            | 
                
			 | 
            school under Subsection (b) by 50 percent. | 
         
         
            | 
                
			 | 
                   (d)  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 [180] days of  | 
         
         
            | 
                
			 | 
            instruction. | 
         
         
            | 
                
			 | 
                   SECTION 5.25.  Subchapter A, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.0052 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.0052.  INCENTIVE FOR ADDITIONAL INSTRUCTIONAL DAYS  | 
         
         
            | 
                
			 | 
            FOR READING INTERVENTIONS.  (a)  The commissioner shall 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)  For a school district or open-enrollment charter school  | 
         
         
            | 
                
			 | 
            described by Subsection (a), the commissioner shall 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)  The agency shall assist school districts and  | 
         
         
            | 
                
			 | 
            open-enrollment charter schools in qualifying for the incentive  | 
         
         
            | 
                
			 | 
            under this section. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner shall adopt rules necessary for the  | 
         
         
            | 
                
			 | 
            implementation of this section. | 
         
         
            | 
                
			 | 
                   SECTION 5.26.  Section 48.108, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (a), (b), and (c) and adding Subsection (a-1)  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  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. | 
         
         
            | 
                
			 | 
                   (a-1)  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 [0.1 if the  | 
         
         
            | 
                
			 | 
            student] is: | 
         
         
            | 
                
			 | 
                         (1)  educationally disadvantaged; or | 
         
         
            | 
                
			 | 
                         (2)  an emergent bilingual student, as defined by  | 
         
         
            | 
                
			 | 
            Section 29.052, and is in a bilingual education or special language  | 
         
         
            | 
                
			 | 
            program under Subchapter B, Chapter 29. | 
         
         
            | 
                
			 | 
                   (b)  Funds allocated under this section must be used to fund: | 
         
         
            | 
                
			 | 
                         (1)  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; | 
         
         
            | 
                
			 | 
                         (2)  prekindergarten programs under Subchapters E and  | 
         
         
            | 
                
			 | 
            E-1, Chapter 29; and | 
         
         
            | 
                
			 | 
                         (3)  programs and services designed to improve student  | 
         
         
            | 
                
			 | 
            performance in reading and mathematics in prekindergarten through  | 
         
         
            | 
                
			 | 
            third grade, including programs and services designed to assist the  | 
         
         
            | 
                
			 | 
            district in achieving the goals set in the district's early  | 
         
         
            | 
                
			 | 
            childhood literacy and mathematics proficiency plans adopted under  | 
         
         
            | 
                
			 | 
            Section 11.185. | 
         
         
            | 
                
			 | 
                   (c)  A school district is entitled to an allotment under each  | 
         
         
            | 
                
			 | 
            subdivision of Subsection (a-1) [(a)] for which a student  | 
         
         
            | 
                
			 | 
            qualifies. | 
         
         
            | 
                
			 | 
                   SECTION 5.27.  Subchapter C, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 48.1081 and 48.122 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.1081.  DISTRIBUTION OF CERTAIN EARLY EDUCATION  | 
         
         
            | 
                
			 | 
            ALLOTMENT MONEY FOR PURPOSES OF FULL-DAY PREKINDERGARTEN.  (a)   | 
         
         
            | 
                
			 | 
            This section applies only to money to which a school district is  | 
         
         
            | 
                
			 | 
            entitled under Section 48.108(a-1). | 
         
         
            | 
                
			 | 
                   (b)  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), the agency shall, instead of  | 
         
         
            | 
                
			 | 
            providing money to which this section applies to school districts  | 
         
         
            | 
                
			 | 
            in accordance with Section 48.108(a-1), distribute that money as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                         (1)  provide to each school district that operates a  | 
         
         
            | 
                
			 | 
            full-day program under Section 29.153(c), funding under this  | 
         
         
            | 
                
			 | 
            chapter based on one-half of the average daily attendance  | 
         
         
            | 
                
			 | 
            calculated under Section 48.005 for each student in that program;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  if any amount remains after distributing money  | 
         
         
            | 
                
			 | 
            under Subdivision (1), provide to each school district an amount  | 
         
         
            | 
                
			 | 
            that is proportional to the district's entitlement under Section  | 
         
         
            | 
                
			 | 
            48.108(a-1). | 
         
         
            | 
                
			 | 
                   Sec. 48.122.  EARLY LITERACY INTERVENTION ALLOTMENT.  (a)   | 
         
         
            | 
                
			 | 
            Except as provided by Subsections (b) and (c), for each enrolled  | 
         
         
            | 
                
			 | 
            student receiving reading interventions under Section 28.0064, a  | 
         
         
            | 
                
			 | 
            school district is entitled to an annual allotment of $250, or a  | 
         
         
            | 
                
			 | 
            greater amount provided by appropriation. | 
         
         
            | 
                
			 | 
                   (b)  A school district may not receive funding under this  | 
         
         
            | 
                
			 | 
            section for a student for which the district receives an allotment  | 
         
         
            | 
                
			 | 
            under Section 48.103. | 
         
         
            | 
                
			 | 
                   (c)  A school district may 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.  Subchapter G, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.317 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.317.  THIRD GRADE SUPPLEMENTARY SUPPORTS GRANT;  | 
         
         
            | 
                
			 | 
            FUNDING ADJUSTMENT.  (a)  A student to whom the agency provides a  | 
         
         
            | 
                
			 | 
            grant under Section 28.02111 is entitled 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)  A student may 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)  Subject to Subsection (d), beginning with the 2030-2031  | 
         
         
            | 
                
			 | 
            school year, the agency shall 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: | 
         
         
            | 
                
			 | 
                         (1)  fails to perform satisfactorily on the third grade  | 
         
         
            | 
                
			 | 
            reading assessment instrument administered under Section  | 
         
         
            | 
                
			 | 
            39.023(a); | 
         
         
            | 
                
			 | 
                         (2)  received and used a grant under Section 28.02111;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (3)  was enrolled in the district from kindergarten  | 
         
         
            | 
                
			 | 
            through third grade. | 
         
         
            | 
                
			 | 
                   (d)  For a student described by Subsection (c) who is  | 
         
         
            | 
                
			 | 
            eligible to participate in a school district's special education  | 
         
         
            | 
                
			 | 
            program under Section 29.003, the agency shall reduce the  | 
         
         
            | 
                
			 | 
            district's entitlement in accordance with Subsection (c) by  | 
         
         
            | 
                
			 | 
            one-half of the amount determined for the student under that  | 
         
         
            | 
                
			 | 
            subsection. | 
         
         
            | 
                
			 | 
                   (e)  Notwithstanding Section 7.057, a determination by the  | 
         
         
            | 
                
			 | 
            commissioner under this section is final and may not be appealed. | 
         
         
            | 
                
			 | 
                   SECTION 5.29.  The following provisions of the Education  | 
         
         
            | 
                
			 | 
            Code are repealed: | 
         
         
            | 
                
			 | 
                         (1)  Section 7.058; | 
         
         
            | 
                
			 | 
                         (2)  Sections 28.006(c), (c-1), (g), (g-1), (g-2), (i),  | 
         
         
            | 
                
			 | 
            (j), and (k); and | 
         
         
            | 
                
			 | 
                         (3)  Section 28.007. | 
         
         
            | 
                
			 | 
                   SECTION 5.30.  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 5.31.  (a)  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, and  | 
         
         
            | 
                
			 | 
            28.0065, Education Code, as added by this article, apply beginning  | 
         
         
            | 
                
			 | 
            with the 2025-2026 school year. | 
         
         
            | 
                
			 | 
                   (b)  Section 28.02111, Education Code, as added by this  | 
         
         
            | 
                
			 | 
            article, applies beginning with the 2026-2027 school year. | 
         
         
            | 
                
			 | 
                   (c)  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)  Sections 48.0051 and 48.108, Education  | 
         
         
            | 
                
			 | 
            Code, as amended by this article, and Sections 48.0052, 48.1081,  | 
         
         
            | 
                
			 | 
            and 48.122, Education Code, as added by this article, take effect  | 
         
         
            | 
                
			 | 
            September 1, 2025. | 
         
         
            | 
                
			 | 
                   (b)  Section 48.317, Education Code, as added by this  | 
         
         
            | 
                
			 | 
            article, takes effect September 1, 2026. | 
         
         
            | 
                
			 | 
                   (c)  Section 29.1543(b), Education Code, as added by this  | 
         
         
            | 
                
			 | 
            article, takes effect September 1, 2027. | 
         
         
            | 
                
			 | 
                   (d)  Except as provided by Subsection (a) of this section or  | 
         
         
            | 
                
			 | 
            as otherwise provided by this article, this article takes effect  | 
         
         
            | 
                
			 | 
            immediately if this Act receives a vote of two-thirds of all the  | 
         
         
            | 
                
			 | 
            members elected to each house, as provided by Section 39, Article  | 
         
         
            | 
                
			 | 
            III, Texas Constitution.  If this Act does not receive the vote  | 
         
         
            | 
                
			 | 
            necessary for immediate effect, this article takes effect September  | 
         
         
            | 
                
			 | 
            1, 2025. | 
         
         
            | 
                
			 | 
            ARTICLE 6.  COLLEGE, CAREER, AND MILITARY READINESS | 
         
         
            | 
                
			 | 
                   SECTION 6.01.  Section 4.002, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 4.002.  PUBLIC EDUCATION ACADEMIC GOALS.  To serve as a  | 
         
         
            | 
                
			 | 
            foundation for a well-balanced and appropriate education: | 
         
         
            | 
                
			 | 
                         GOAL 1:  The students in the public education system  | 
         
         
            | 
                
			 | 
            will demonstrate exemplary performance in the reading and writing  | 
         
         
            | 
                
			 | 
            of the English language. | 
         
         
            | 
                
			 | 
                         GOAL 2:  The students in the public education system  | 
         
         
            | 
                
			 | 
            will demonstrate exemplary performance in the understanding of  | 
         
         
            | 
                
			 | 
            mathematics. | 
         
         
            | 
                
			 | 
                         GOAL 3:  The students in the public education system  | 
         
         
            | 
                
			 | 
            will demonstrate exemplary performance in the understanding of  | 
         
         
            | 
                
			 | 
            science. | 
         
         
            | 
                
			 | 
                         GOAL 4:  The students in the public education system  | 
         
         
            | 
                
			 | 
            will demonstrate exemplary performance in the understanding of  | 
         
         
            | 
                
			 | 
            social studies. | 
         
         
            | 
                
			 | 
                         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.  Subchapter B, Chapter 7, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Sections 7.0405 and 7.043 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 7.0405.  POSTING OF POSTSECONDARY OUTCOMES.  (a)  | 
         
         
            | 
                
			 | 
            Subject to Subsection (b), the agency shall post on the agency's  | 
         
         
            | 
                
			 | 
            Internet website the following 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: | 
         
         
            | 
                
			 | 
                         (1)  for students who graduate from high school: | 
         
         
            | 
                
			 | 
                               (A)  the number and percentage of students who  | 
         
         
            | 
                
			 | 
            enroll in, enroll in remedial postsecondary coursework as part of,  | 
         
         
            | 
                
			 | 
            persist for at least one year in, or complete a postsecondary  | 
         
         
            | 
                
			 | 
            degree, certificate, or other credentialing program, disaggregated  | 
         
         
            | 
                
			 | 
            by program and postsecondary educational institution; and | 
         
         
            | 
                
			 | 
                               (B)  employment status, occupation, industry,  | 
         
         
            | 
                
			 | 
            wage, and county of employment and residence, as reported under  | 
         
         
            | 
                
			 | 
            Section 204.0025, Labor Code; and | 
         
         
            | 
                
			 | 
                         (2)  for students who did not graduate from high  | 
         
         
            | 
                
			 | 
            school: | 
         
         
            | 
                
			 | 
                               (A)  the highest grade level completed; | 
         
         
            | 
                
			 | 
                               (B)  for each cohort for which data is available,  | 
         
         
            | 
                
			 | 
            employment status, occupation, industry, wage, and county of  | 
         
         
            | 
                
			 | 
            employment and residence, as reported under Section 204.0025, Labor  | 
         
         
            | 
                
			 | 
            Code; and | 
         
         
            | 
                
			 | 
                               (C)  whether the student has earned a high school  | 
         
         
            | 
                
			 | 
            equivalency certificate. | 
         
         
            | 
                
			 | 
                   (b)  The agency is required to provide data regarding  | 
         
         
            | 
                
			 | 
            students who graduate from high school and enroll in remedial  | 
         
         
            | 
                
			 | 
            postsecondary coursework as part of a postsecondary degree,  | 
         
         
            | 
                
			 | 
            certificate, or other credentialing program under Subsection  | 
         
         
            | 
                
			 | 
            (a)(1)(A) only to the extent that data is available. | 
         
         
            | 
                
			 | 
                   (c)  The agency shall 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 may, if necessary  | 
         
         
            | 
                
			 | 
            to comply with that act, 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. | 
         
         
            | 
                
			 | 
                   (d)  The agency shall ensure the data posted under Subsection  | 
         
         
            | 
                
			 | 
            (a) is made available to: | 
         
         
            | 
                
			 | 
                         (1)  school district board of trustees and  | 
         
         
            | 
                
			 | 
            open-enrollment charter school governing body members and  | 
         
         
            | 
                
			 | 
            superintendents to assist in adopting college, career, and military  | 
         
         
            | 
                
			 | 
            readiness plans under Section 11.186; and | 
         
         
            | 
                
			 | 
                         (2)  school counselors at a high school to assist the  | 
         
         
            | 
                
			 | 
            counselors in performing the duties under Section 33.007. | 
         
         
            | 
                
			 | 
                   Sec. 7.043.  STATEWIDE GOAL FOR CAREER READINESS.  (a) Using  | 
         
         
            | 
                
			 | 
            the data posted under Section 7.0405(a), the agency shall 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)  The agency shall update the goal created under  | 
         
         
            | 
                
			 | 
            Subsection (a) at least once every five years. | 
         
         
            | 
                
			 | 
                   SECTION 6.03.  Section 11.186, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (b) and (c) and adding Subsections (d), (e),  | 
         
         
            | 
                
			 | 
            and (f) to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  Each plan adopted under Subsection (a) must: | 
         
         
            | 
                
			 | 
                         (1)  identify annual goals for students in each group  | 
         
         
            | 
                
			 | 
            evaluated under the closing the gaps domain under Section  | 
         
         
            | 
                
			 | 
            39.053(c)(3); | 
         
         
            | 
                
			 | 
                         (2)  include an annual goal [goals] for aggregate  | 
         
         
            | 
                
			 | 
            student growth on each college, career, and military readiness  | 
         
         
            | 
                
			 | 
            indicator [indicators] evaluated under the student achievement  | 
         
         
            | 
                
			 | 
            domain under Section 39.053(c)(1); | 
         
         
            | 
                
			 | 
                         (3)  assign at least one district-level administrator  | 
         
         
            | 
                
			 | 
            or employee of the regional education service center for the  | 
         
         
            | 
                
			 | 
            district's region to: | 
         
         
            | 
                
			 | 
                               (A)  coordinate implementation of the plan; and | 
         
         
            | 
                
			 | 
                               (B)  submit an annual report to the board of  | 
         
         
            | 
                
			 | 
            trustees, the agency, and the Legislative Budget Board on the  | 
         
         
            | 
                
			 | 
            district's performance and progress toward the goals set under the  | 
         
         
            | 
                
			 | 
            plan; and | 
         
         
            | 
                
			 | 
                         (4)  be reviewed and approved by majority vote annually  | 
         
         
            | 
                
			 | 
            by the board of trustees at a public meeting. | 
         
         
            | 
                
			 | 
                   (c)  In identifying and including goals in each plan adopted  | 
         
         
            | 
                
			 | 
            under Subsection (a) as provided by Subsection (b), the board of  | 
         
         
            | 
                
			 | 
            trustees shall use longitudinal student outcomes data posted under  | 
         
         
            | 
                
			 | 
            Section 7.0405(a) and any other resources available to the board. | 
         
         
            | 
                
			 | 
                   (d)  A school district shall post the annual report described  | 
         
         
            | 
                
			 | 
            by Subsection (b)(3)(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)(4).  The district shall update the annual report on each  | 
         
         
            | 
                
			 | 
            Internet website if any modifications are made to the report by the  | 
         
         
            | 
                
			 | 
            board of trustees. | 
         
         
            | 
                
			 | 
                   (e)  The commissioner by rule shall establish a deadline for  | 
         
         
            | 
                
			 | 
            the submission of the annual reports described by Subsection  | 
         
         
            | 
                
			 | 
            (b)(3)(B). The agency shall compile and make publicly accessible on  | 
         
         
            | 
                
			 | 
            the agency's Internet website the annual reports. | 
         
         
            | 
                
			 | 
                   (f)  The agency may evaluate the goals identified or included  | 
         
         
            | 
                
			 | 
            in an annual report described by Subsection (b)(3)(B) to determine  | 
         
         
            | 
                
			 | 
            whether those goals align with state secondary, postsecondary, and  | 
         
         
            | 
                
			 | 
            workforce goals. | 
         
         
            | 
                
			 | 
                   SECTION 6.04.  Section 28.0095, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by adding Subsection (c-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (c-1)  Notwithstanding Subsection (c)(1)(A), a student  | 
         
         
            | 
                
			 | 
            otherwise described by Subsection (c) is eligible to enroll at no  | 
         
         
            | 
                
			 | 
            cost in a dual credit course under the program if the student has  | 
         
         
            | 
                
			 | 
            graduated from high school but is: | 
         
         
            | 
                
			 | 
                         (1)  enrolled in a school district or open-enrollment  | 
         
         
            | 
                
			 | 
            charter school at a campus designated as a P-TECH school under  | 
         
         
            | 
                
			 | 
            Section 29.556 or in a school district participating in a  | 
         
         
            | 
                
			 | 
            partnership under Section 29.912; and | 
         
         
            | 
                
			 | 
                         (2)  completing a course of study offered through an  | 
         
         
            | 
                
			 | 
            articulation agreement or memorandum of understanding with an  | 
         
         
            | 
                
			 | 
            institution of higher education and the district or school  | 
         
         
            | 
                
			 | 
            described by Subdivision (1), as applicable, under the Pathways in  | 
         
         
            | 
                
			 | 
            Technology Early College High School (P-TECH) program under  | 
         
         
            | 
                
			 | 
            Subchapter N, Chapter 29, or the Rural Pathway Excellence  | 
         
         
            | 
                
			 | 
            Partnership (R-PEP) program under Section 29.912. | 
         
         
            | 
                
			 | 
                   SECTION 6.05.  Section 29.182(b), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The state plan must include procedures designed to  | 
         
         
            | 
                
			 | 
            ensure that: | 
         
         
            | 
                
			 | 
                         (1)  all secondary and postsecondary students have the  | 
         
         
            | 
                
			 | 
            opportunity to participate in career and technology education  | 
         
         
            | 
                
			 | 
            programs; | 
         
         
            | 
                
			 | 
                         (2)  the state complies with requirements for  | 
         
         
            | 
                
			 | 
            supplemental federal career and technology education funding; | 
         
         
            | 
                
			 | 
                         (3)  career and technology education is established as  | 
         
         
            | 
                
			 | 
            a part of the total education system of this state and constitutes  | 
         
         
            | 
                
			 | 
            an option for student learning that provides a rigorous course of  | 
         
         
            | 
                
			 | 
            study consistent with the required curriculum under Section 28.002  | 
         
         
            | 
                
			 | 
            and under which a student may receive specific education in a career  | 
         
         
            | 
                
			 | 
            and technology program that: | 
         
         
            | 
                
			 | 
                               (A)  incorporates competencies leading to  | 
         
         
            | 
                
			 | 
            academic and technical skill attainment; | 
         
         
            | 
                
			 | 
                               (B)  leads to: | 
         
         
            | 
                
			 | 
                                     (i)  an industry-recognized license,  | 
         
         
            | 
                
			 | 
            credential, or certificate; or | 
         
         
            | 
                
			 | 
                                     (ii)  at the postsecondary level, an  | 
         
         
            | 
                
			 | 
            associate or baccalaureate degree; | 
         
         
            | 
                
			 | 
                               (C)  includes opportunities for students to earn  | 
         
         
            | 
                
			 | 
            college credit for coursework; and | 
         
         
            | 
                
			 | 
                               (D)  includes, as an integral part of the program,  | 
         
         
            | 
                
			 | 
            participation by students and teachers in activities of career and  | 
         
         
            | 
                
			 | 
            technical student organizations supported by the agency and the  | 
         
         
            | 
                
			 | 
            State Board of Education; [and] | 
         
         
            | 
                
			 | 
                         (4)  a school district provides, to the greatest extent  | 
         
         
            | 
                
			 | 
            possible, to a student participating in a career and technology  | 
         
         
            | 
                
			 | 
            education program opportunities to enroll in dual credit courses  | 
         
         
            | 
                
			 | 
            designed to lead to a degree, license, or certification as part of  | 
         
         
            | 
                
			 | 
            the program; and | 
         
         
            | 
                
			 | 
                         (5)  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. | 
         
         
            | 
                
			 | 
                   SECTION 6.06.  Sections 29.190(a-1), (b), and (c), Education  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a-1)  A student may not receive more than two subsidies [one  | 
         
         
            | 
                
			 | 
            subsidy] under this section. | 
         
         
            | 
                
			 | 
                   (b)  A teacher is entitled to a subsidy under this section if  | 
         
         
            | 
                
			 | 
            the teacher passes a certification examination related to career  | 
         
         
            | 
                
			 | 
            and technology education [cybersecurity]. | 
         
         
            | 
                
			 | 
                   (c)  On approval by the commissioner, the agency shall 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.  To obtain reimbursement for a  | 
         
         
            | 
                
			 | 
            subsidy paid under this section, a district must: | 
         
         
            | 
                
			 | 
                         (1)  pay the costs described by this subsection [fee  | 
         
         
            | 
                
			 | 
            for the examination]; and | 
         
         
            | 
                
			 | 
                         (2)  submit to the commissioner a written application  | 
         
         
            | 
                
			 | 
            on a form prescribed by the commissioner stating the amount of the  | 
         
         
            | 
                
			 | 
            costs [fee] paid under Subdivision (1) [for the certification  | 
         
         
            | 
                
			 | 
            examination]. | 
         
         
            | 
                
			 | 
                   SECTION 6.07. Subchapter Z, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 29.9017 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.9017.  NOTICE REGARDING MILITARY-RELATED TRAINING  | 
         
         
            | 
                
			 | 
            PROGRAMS. (a) As part of the high school registration process and  | 
         
         
            | 
                
			 | 
            annually, a school district or open-enrollment charter school shall  | 
         
         
            | 
                
			 | 
            notify the parent or guardian of each student enrolled in a Junior  | 
         
         
            | 
                
			 | 
            Reserve Officers' Training Corps program established under 10  | 
         
         
            | 
                
			 | 
            U.S.C. Section 2031 regarding any early registration or scholarship  | 
         
         
            | 
                
			 | 
            program available to students in military-related training  | 
         
         
            | 
                
			 | 
            programs. | 
         
         
            | 
                
			 | 
                   (b)  The notice required under Subsection (a) must provide  | 
         
         
            | 
                
			 | 
            the student's parent or guardian with the option to share the  | 
         
         
            | 
                
			 | 
            student's data with one or more public institutions of higher  | 
         
         
            | 
                
			 | 
            education for the purpose of learning about any opportunity to  | 
         
         
            | 
                
			 | 
            participate in an early registration or scholarship program  | 
         
         
            | 
                
			 | 
            described by Subsection (a), including: | 
         
         
            | 
                
			 | 
                         (1)  the student's directory contact information; | 
         
         
            | 
                
			 | 
                         (2)  the student's education records; or | 
         
         
            | 
                
			 | 
                         (3)  any other information prescribed by Texas Higher  | 
         
         
            | 
                
			 | 
            Education Coordinating Board rule that would allow the student to  | 
         
         
            | 
                
			 | 
            learn about an opportunity to participate in military-related  | 
         
         
            | 
                
			 | 
            training programs at public institutions of higher education,  | 
         
         
            | 
                
			 | 
            including financial aid or scholarship programs. | 
         
         
            | 
                
			 | 
                   SECTION 6.08.  Section 29.912, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsection (c-1) and amending Subsection (j) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (c-1)  A school district that has participated in the program  | 
         
         
            | 
                
			 | 
            may 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)  The commissioner shall 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  | 
         
         
            | 
                
			 | 
            [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.  The commissioner may award a grant only to a  | 
         
         
            | 
                
			 | 
            coordinating entity that has entered into a performance agreement  | 
         
         
            | 
                
			 | 
            approved under Subsection (i) or, if in the planning stage, has  | 
         
         
            | 
                
			 | 
            entered into a memorandum of understanding to enter into a  | 
         
         
            | 
                
			 | 
            performance agreement, unless the source of funds does not permit a  | 
         
         
            | 
                
			 | 
            grant to the coordinating entity, in which case the grant shall be  | 
         
         
            | 
                
			 | 
            made to a participating school district acting as fiscal agent.   | 
         
         
            | 
                
			 | 
            Eligible use of grant funds shall include planning, development,  | 
         
         
            | 
                
			 | 
            establishment, or expansion of partnerships under the program.  The  | 
         
         
            | 
                
			 | 
            commissioner may use not more than 15 percent of the money allocated  | 
         
         
            | 
                
			 | 
            for the grants to cover the cost of administering grants awarded  | 
         
         
            | 
                
			 | 
            under the program and to provide technical assistance and support  | 
         
         
            | 
                
			 | 
            to partnerships under the program.  The total amount of grants  | 
         
         
            | 
                
			 | 
            awarded under this subsection for a school year may not exceed $5  | 
         
         
            | 
                
			 | 
            million. | 
         
         
            | 
                
			 | 
                   SECTION 6.09.  Section 33.007, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (b) and adding Subsection (d) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (b)  During the first school year a student is enrolled in a  | 
         
         
            | 
                
			 | 
            high school or at the high school level in an open-enrollment  | 
         
         
            | 
                
			 | 
            charter school, and again during each year of a student's  | 
         
         
            | 
                
			 | 
            enrollment in high school or at the high school level, a school  | 
         
         
            | 
                
			 | 
            counselor shall provide information about postsecondary education  | 
         
         
            | 
                
			 | 
            to the student and the student's parent or guardian.  The  | 
         
         
            | 
                
			 | 
            information must include information regarding: | 
         
         
            | 
                
			 | 
                         (1)  the importance of postsecondary education,  | 
         
         
            | 
                
			 | 
            including: | 
         
         
            | 
                
			 | 
                               (A)  career readiness and workforce training  | 
         
         
            | 
                
			 | 
            opportunities; and | 
         
         
            | 
                
			 | 
                               (B)  a link to the My Texas Future Internet  | 
         
         
            | 
                
			 | 
            website and information regarding how to create a profile on that  | 
         
         
            | 
                
			 | 
            website; | 
         
         
            | 
                
			 | 
                         (2)  the advantages of earning an endorsement and a  | 
         
         
            | 
                
			 | 
            performance acknowledgment and completing the distinguished level  | 
         
         
            | 
                
			 | 
            of achievement under the foundation high school program under  | 
         
         
            | 
                
			 | 
            Section 28.025; | 
         
         
            | 
                
			 | 
                         (3)  the disadvantages of taking courses to prepare for  | 
         
         
            | 
                
			 | 
            a high school equivalency examination relative to the benefits of  | 
         
         
            | 
                
			 | 
            taking courses leading to a high school diploma; | 
         
         
            | 
                
			 | 
                         (4)  financial aid eligibility; | 
         
         
            | 
                
			 | 
                         (5)  instruction on how to apply for federal financial  | 
         
         
            | 
                
			 | 
            aid; | 
         
         
            | 
                
			 | 
                         (6)  the center for financial aid information  | 
         
         
            | 
                
			 | 
            established under Section 61.0776; | 
         
         
            | 
                
			 | 
                         (7)  the automatic admission of certain students to  | 
         
         
            | 
                
			 | 
            general academic teaching institutions as provided by Section  | 
         
         
            | 
                
			 | 
            51.803; | 
         
         
            | 
                
			 | 
                         (8)  the eligibility and academic performance  | 
         
         
            | 
                
			 | 
            requirements for the TEXAS Grant as provided by Subchapter M,  | 
         
         
            | 
                
			 | 
            Chapter 56; | 
         
         
            | 
                
			 | 
                         (9)  the availability of programs in the district under  | 
         
         
            | 
                
			 | 
            which a student may earn college credit, including advanced  | 
         
         
            | 
                
			 | 
            placement programs, dual credit programs, joint high school and  | 
         
         
            | 
                
			 | 
            college credit programs, and international baccalaureate programs; | 
         
         
            | 
                
			 | 
                         (10)  the availability of education and training  | 
         
         
            | 
                
			 | 
            vouchers and tuition and fee waivers to attend an institution of  | 
         
         
            | 
                
			 | 
            higher education as provided by Section 54.366 for a student who is  | 
         
         
            | 
                
			 | 
            or was previously in the conservatorship of the Department of  | 
         
         
            | 
                
			 | 
            Family and Protective Services; [and] | 
         
         
            | 
                
			 | 
                         (11)  the availability of college credit awarded by  | 
         
         
            | 
                
			 | 
            institutions of higher education to veterans and military  | 
         
         
            | 
                
			 | 
            servicemembers for military experience, education, and training  | 
         
         
            | 
                
			 | 
            obtained during military service as described by the informational  | 
         
         
            | 
                
			 | 
            materials developed under Section 302.0031(h), Labor Code; | 
         
         
            | 
                
			 | 
                         (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: | 
         
         
            | 
                
			 | 
                               (A)  information regarding program costs, program  | 
         
         
            | 
                
			 | 
            completion rates, and the average wages of students who complete  | 
         
         
            | 
                
			 | 
            the program; and | 
         
         
            | 
                
			 | 
                               (B)  the availability of information regarding  | 
         
         
            | 
                
			 | 
            those opportunities on the My Texas Future Internet website; 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) or available on the My Texas Future Internet website. | 
         
         
            | 
                
			 | 
                   (d)  The agency or the Texas Higher Education Coordinating  | 
         
         
            | 
                
			 | 
            Board shall make available to school counselors an annual online  | 
         
         
            | 
                
			 | 
            training regarding statewide trends identified in the data posted  | 
         
         
            | 
                
			 | 
            under Section 7.0405(a) or available on the My Texas Future  | 
         
         
            | 
                
			 | 
            Internet website.  The training must 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.  The agency or the  | 
         
         
            | 
                
			 | 
            coordinating board may make the training available through the  | 
         
         
            | 
                
			 | 
            Texas OnCourse Internet website. | 
         
         
            | 
                
			 | 
                   SECTION 6.10.  The heading to Section 39.0261, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 39.0261.  COLLEGE PREPARATION AND CAREER READINESS | 
         
         
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            ASSESSMENTS. | 
         
         
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			 | 
                   SECTION 6.11.  Section 39.0261(a), Education Code, is  | 
         
         
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			 | 
            amended to read as follows: | 
         
         
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			 | 
                   (a)  In addition to the assessment instruments otherwise  | 
         
         
            | 
                
			 | 
            authorized or required by this subchapter: | 
         
         
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			 | 
                         (1)  each school year and at state cost, a school  | 
         
         
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			 | 
            district may administer to students in the spring of the eighth  | 
         
         
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            grade an established, valid, reliable, and nationally  | 
         
         
            | 
                
			 | 
            norm-referenced preliminary college preparation assessment  | 
         
         
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            instrument for the purpose of diagnosing the academic strengths and  | 
         
         
            | 
                
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            deficiencies of students before entrance into high school; | 
         
         
            | 
                
			 | 
                         (2)  each school year and at state cost, a school  | 
         
         
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			 | 
            district may administer to students in the 10th grade an  | 
         
         
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			 | 
            established, valid, reliable, and nationally norm-referenced  | 
         
         
            | 
                
			 | 
            preliminary college preparation assessment instrument for the  | 
         
         
            | 
                
			 | 
            purpose of measuring a student's progress toward readiness for  | 
         
         
            | 
                
			 | 
            college and the workplace; and | 
         
         
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			 | 
                         (3)  high school students in the spring of the 11th  | 
         
         
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            grade or during the 12th grade may select and take once, at state  | 
         
         
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            cost: | 
         
         
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                               (A)  one of the valid, reliable, and nationally  | 
         
         
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            norm-referenced assessment instruments used by colleges and  | 
         
         
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            universities as part of their undergraduate admissions processes;  | 
         
         
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            [or] | 
         
         
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                               (B)  the assessment instrument designated by the  | 
         
         
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            Texas Higher Education Coordinating Board under Section 51.334; or | 
         
         
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                               (C)  a nationally recognized career readiness  | 
         
         
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            assessment instrument that measures foundational workforce skills  | 
         
         
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            approved by commissioner rule. | 
         
         
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			 | 
                   SECTION 6.12.  Section 45.105(c), Education Code, is amended  | 
         
         
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            to read as follows: | 
         
         
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			 | 
                   (c)  Local school funds from district taxes, tuition fees of  | 
         
         
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			 | 
            students not entitled to a free education, other local sources, and  | 
         
         
            | 
                
			 | 
            state funds not designated for a specific purpose may be used for  | 
         
         
            | 
                
			 | 
            the purposes listed for state and county available funds and for  | 
         
         
            | 
                
			 | 
            purchasing appliances and supplies, paying insurance premiums,  | 
         
         
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			 | 
            paying janitors and other employees, buying school sites, buying,  | 
         
         
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			 | 
            building, repairing, and renting school buildings, including  | 
         
         
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			 | 
            acquiring school buildings and sites by leasing through annual  | 
         
         
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			 | 
            payments with an ultimate option to purchase, providing advising  | 
         
         
            | 
                
			 | 
            support as described by Section 48.0035(1), and educating students  | 
         
         
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			 | 
            as described by Section 48.0035(2), and, except as provided by  | 
         
         
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			 | 
            Subsection (c-1), for other purposes necessary in the conduct of  | 
         
         
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            the public schools determined by the board of trustees.  The  | 
         
         
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            accounts and vouchers for county districts must be approved by the  | 
         
         
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            county superintendent.  If the state available school fund in any  | 
         
         
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            municipality or district is sufficient to maintain the schools in  | 
         
         
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            any year for at least eight months and leave a surplus, the surplus  | 
         
         
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            may be spent for the purposes listed in this subsection. | 
         
         
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			 | 
                   SECTION 6.13.  Section 48.003(a), Education Code, is amended  | 
         
         
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			 | 
            to read as follows: | 
         
         
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			 | 
                   (a)  A student is entitled to the benefits of the Foundation  | 
         
         
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            School Program if, on September 1 of the school year, the student: | 
         
         
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                         (1)  is 5 years of age or older and under 21 years of age  | 
         
         
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            and: | 
         
         
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                               (A)  has not graduated from high school; or | 
         
         
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                               (B)  has graduated from high school but is: | 
         
         
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                                     (i)  enrolled in a school district at a  | 
         
         
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            campus designated as a P-TECH school under Section 29.556 or in a  | 
         
         
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            school district participating in a partnership under Section  | 
         
         
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            29.912; and | 
         
         
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                                     (ii)  completing a course of study offered  | 
         
         
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            through an articulation agreement or memorandum of understanding  | 
         
         
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            with an institution of higher education, as defined by Section  | 
         
         
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            61.003, and the district described by Subparagraph (i), as  | 
         
         
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            applicable, under the Pathways in Technology Early College High  | 
         
         
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            School (P-TECH) program under Subchapter N, Chapter 29, and the  | 
         
         
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            Rural Pathway Excellence Partnership (R-PEP) program under Section  | 
         
         
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            29.912, regardless of whether the student is enrolled in the  | 
         
         
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            district providing the course of study; | 
         
         
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                         (2)  [, or] is at least 21 years of age and under 26  | 
         
         
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            years of age and has been admitted by a school district to complete  | 
         
         
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            the requirements for a high school diploma; or | 
         
         
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                         (3) [(2)]  is at least 18 years of age and under 50  | 
         
         
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            years of age and is enrolled in an adult education program provided  | 
         
         
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            under the adult high school charter school program under Subchapter  | 
         
         
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			 | 
            G, Chapter 12. | 
         
         
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			 | 
                   SECTION 6.14.  Subchapter A, Chapter 48, Education Code, is  | 
         
         
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            amended by adding Section 48.0035 to read as follows: | 
         
         
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                   Sec. 48.0035.  USE OF FUNDING FOR CERTAIN PURPOSES.  A school  | 
         
         
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            district may use funding to which the district is entitled under  | 
         
         
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            this chapter to: | 
         
         
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                         (1)  provide district graduates, during the first two  | 
         
         
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			 | 
            years after high school graduation, advising support toward the  | 
         
         
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            successful completion of a certificate or degree program at a  | 
         
         
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            public institution of higher education or a postsecondary  | 
         
         
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            vocational training program; and | 
         
         
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                         (2)  educate a student who has graduated from high  | 
         
         
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            school but is enrolled in the district in a program through which  | 
         
         
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            the student may earn dual credit, including the Pathways in  | 
         
         
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            Technology Early College High School (P-TECH) program under  | 
         
         
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            Subchapter N, Chapter 29, and the Rural Pathway Excellence  | 
         
         
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            Partnership (R-PEP) program under Section 29.912. | 
         
         
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			 | 
                   SECTION 6.15.  Section 48.106(a-1), Education Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (a-1)  In addition to the amounts under Subsection (a), [for  | 
         
         
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			 | 
            each student in average daily attendance,] a district is entitled  | 
         
         
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            to $150 [$50] for each [of the following in which the] student in  | 
         
         
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			 | 
            average daily attendance who [is enrolled]: | 
         
         
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                         (1)  is enrolled in a campus designated as a P-TECH  | 
         
         
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            school under Section 29.556; or | 
         
         
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                         (2)  completes a course of study offered under the  | 
         
         
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			 | 
            Pathways in Technology Early College High School (P-TECH) program  | 
         
         
            | 
                
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            under Subchapter N, Chapter 29, or the Rural Pathway Excellence  | 
         
         
            | 
                
			 | 
            Partnership (R-PEP) program under Section 29.912, regardless of  | 
         
         
            | 
                
			 | 
            whether the student is enrolled in the district that provides the  | 
         
         
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            course of study [a campus that is a member of the New Tech Network  | 
         
         
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            and that focuses on project-based learning and work-based  | 
         
         
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            education]. | 
         
         
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			 | 
                   SECTION 6.16.  Sections 48.106(b)(1) and (1-a), Education  | 
         
         
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            Code, are amended to read as follows: | 
         
         
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                         (1)  "Approved career and technology education  | 
         
         
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            program": | 
         
         
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                               (A)  means: | 
         
         
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                                     (i)  a sequence of career and technology  | 
         
         
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            education courses, including technology applications courses,  | 
         
         
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            authorized by the State Board of Education; and | 
         
         
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                                     (ii)  courses offered under a Junior Reserve  | 
         
         
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            Officers' Training Corps program established under 10 U.S.C.  | 
         
         
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            Section 2031; and | 
         
         
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                               (B)  includes only courses that qualify for high  | 
         
         
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            school credit. | 
         
         
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                         (1-a)  "Approved program of study" means a course  | 
         
         
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            sequence that: | 
         
         
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                               (A)  provides students with the knowledge and  | 
         
         
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			 | 
            skills necessary for success in the students' chosen careers,  | 
         
         
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            including the military; and | 
         
         
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                               (B)  is approved by the agency for purposes of the  | 
         
         
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            Strengthening Career and Technical Education for the 21st Century  | 
         
         
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			 | 
            Act (Pub. L. No. 115-224). | 
         
         
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			 | 
                   SECTION 6.17.  Section 48.118, Education Code, is amended by  | 
         
         
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            adding Subsection (a-3) and amending Subsection (f) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
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                   (a-3)  Notwithstanding Subsection (a), a school district  | 
         
         
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			 | 
            described by Section 29.912(c-1) may receive funding under this  | 
         
         
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            section for up to 110 percent of the number of students who  | 
         
         
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            qualified under Subsection (a) for the school year immediately  | 
         
         
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            preceding the school year in which the district's enrollment first  | 
         
         
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            reached 1,600 or more. | 
         
         
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                   (f)  The total amount of state funding for allotments and  | 
         
         
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            outcomes bonuses under this section may not exceed $20 [$5] million  | 
         
         
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            per year.  If the total amount of allotments and outcomes bonuses to  | 
         
         
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			 | 
            which school districts are entitled under this section exceeds the  | 
         
         
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            amount permitted under this subsection, the agency shall allocate  | 
         
         
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            state funding to districts under this section in the following  | 
         
         
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            order: | 
         
         
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			 | 
                         (1)  [allotments under Subsection (a) for which school  | 
         
         
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            districts participating in partnerships prioritized under Section  | 
         
         
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            29.912(h) are eligible; | 
         
         
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                         [(2)]  allotments under Subsection (a) for which school  | 
         
         
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            districts that entered into a memorandum of understanding or letter  | 
         
         
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			 | 
            of commitment regarding a multidistrict pathway partnership, as  | 
         
         
            | 
                
			 | 
            defined by commissioner rule, before May 1, 2023, are eligible; | 
         
         
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                         (2) [(3)]  allotments under Subsection (a) for which  | 
         
         
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            school districts that have entered into a performance agreement  | 
         
         
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            under Section 29.912 with a coordinating entity that is an  | 
         
         
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            institution of higher education, as defined by Section 61.003, are  | 
         
         
            | 
                
			 | 
            eligible;  | 
         
         
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                         (3) [(4)]  allotments under Subsection (a) for which  | 
         
         
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            school districts with the highest percentage of students who are  | 
         
         
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			 | 
            educationally disadvantaged, in descending order, are eligible;  | 
         
         
            | 
                
			 | 
            and | 
         
         
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                         (4) [(5)]  outcomes bonuses under Subsection (c) for  | 
         
         
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			 | 
            which school districts with the highest percentage of students who  | 
         
         
            | 
                
			 | 
            are educationally disadvantaged, in descending order, are  | 
         
         
            | 
                
			 | 
            eligible. | 
         
         
            | 
                
			 | 
                   SECTION 6.18.  Section 48.152(a)(2), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
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			 | 
                         (2)  "New instructional facility" includes: | 
         
         
            | 
                
			 | 
                               (A)  a newly constructed instructional facility; | 
         
         
            | 
                
			 | 
                               (B)  a repurposed instructional facility; [and] | 
         
         
            | 
                
			 | 
                               (C)  a leased facility operating for the first  | 
         
         
            | 
                
			 | 
            time as an instructional facility with a minimum lease term of not  | 
         
         
            | 
                
			 | 
            less than 10 years; and | 
         
         
            | 
                
			 | 
                               (D)  a renovated portion of an instructional  | 
         
         
            | 
                
			 | 
            facility to be used for the first time to provide high-cost and  | 
         
         
            | 
                
			 | 
            undersubscribed career and technology education programs, as  | 
         
         
            | 
                
			 | 
            determined by the commissioner. | 
         
         
            | 
                
			 | 
                   SECTION 6.19.  Section 48.152(f), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (f)  The amount appropriated for allotments under this  | 
         
         
            | 
                
			 | 
            section may not exceed $150 [$100] million in a school year.  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)  shall reduce each district's allotment under this  | 
         
         
            | 
                
			 | 
            section in the manner provided by Section 48.266(f); and | 
         
         
            | 
                
			 | 
                         (2)  for new instructional facilities described by  | 
         
         
            | 
                
			 | 
            Subsection (a)(2)(D), may remove a career and technology education  | 
         
         
            | 
                
			 | 
            program from the list of programs that qualify under that  | 
         
         
            | 
                
			 | 
            subsection. | 
         
         
            | 
                
			 | 
                   SECTION 6.20.  The heading to Section 48.155, Education  | 
         
         
            | 
                
			 | 
            Code, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.155.  COLLEGE PREPARATION AND CAREER READINESS | 
         
         
            | 
                
			 | 
            ASSESSMENT REIMBURSEMENT. | 
         
         
            | 
                
			 | 
                   SECTION 6.21.  Section 48.156, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.156.  CERTIFICATION EXAMINATION REIMBURSEMENT.  (a)   | 
         
         
            | 
                
			 | 
            A school district is entitled to reimbursement for the amount of a  | 
         
         
            | 
                
			 | 
            subsidy paid by the district for not more than two [a student's]  | 
         
         
            | 
                
			 | 
            certification examinations per student [examination] 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)  Notwithstanding Subsection (a), the total amount that  | 
         
         
            | 
                
			 | 
            may be used for reimbursement under that subsection for a school  | 
         
         
            | 
                
			 | 
            year may not exceed $20 million, of which not more than $500,000 may  | 
         
         
            | 
                
			 | 
            be used to reimburse the costs of fingerprinting or criminal  | 
         
         
            | 
                
			 | 
            history record information review. If the total amount to which  | 
         
         
            | 
                
			 | 
            school districts are entitled under Subsection (a) exceeds the  | 
         
         
            | 
                
			 | 
            amount permitted under this subsection, the commissioner shall  | 
         
         
            | 
                
			 | 
            proportionately reduce each school district's entitlement under  | 
         
         
            | 
                
			 | 
            this section. | 
         
         
            | 
                
			 | 
                   SECTION 6.22.  (a)  This section takes effect only if S.B.  | 
         
         
            | 
                
			 | 
            1786, 89th Legislature, Regular Session, 2025, becomes law. | 
         
         
            | 
                
			 | 
                   (b)  Section 204.0025, Labor Code, is amended to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   Sec. 204.0025.  ADDITIONAL WORKFORCE DATA REPORTING.  The  | 
         
         
            | 
                
			 | 
            commission shall [It is the intent of the legislature that the  | 
         
         
            | 
                
			 | 
            commission, 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 the  | 
         
         
            | 
                
			 | 
            commission as part of an employer's routine wage filings under this  | 
         
         
            | 
                
			 | 
            subtitle or commission rule and consistent with federal law and  | 
         
         
            | 
                
			 | 
            regulations.  The enhanced wage filings must include information  | 
         
         
            | 
                
			 | 
            related to wage, industry, occupational field, full-time and  | 
         
         
            | 
                
			 | 
            part-time status, county of primary employment, remote work status, | 
         
         
            | 
                
			 | 
            [occupation] and other important employment information necessary  | 
         
         
            | 
                
			 | 
            to conduct the assessment required under Section 302.0205 [that  | 
         
         
            | 
                
			 | 
            would improve the state's labor market information]. | 
         
         
            | 
                
			 | 
                   SECTION 6.23.  (a)  This section takes effect only if S.B.  | 
         
         
            | 
                
			 | 
            1786, 89th Legislature, Regular Session, 2025, does not become law. | 
         
         
            | 
                
			 | 
                   (b)  Section 204.0025, Labor Code, is amended to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   Sec. 204.0025.  ADDITIONAL WORKFORCE DATA REPORTING.  The  | 
         
         
            | 
                
			 | 
            commission shall [It is the intent of the legislature that the  | 
         
         
            | 
                
			 | 
            commission, 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 the  | 
         
         
            | 
                
			 | 
            commission as part of an employer's routine wage filings under this  | 
         
         
            | 
                
			 | 
            subtitle or commission rule and consistent with federal law and  | 
         
         
            | 
                
			 | 
            regulations.  The enhanced wage filings must include information  | 
         
         
            | 
                
			 | 
            related to wage, industry, occupational field, full-time and  | 
         
         
            | 
                
			 | 
            part-time status, county of primary employment, remote work status, | 
         
         
            | 
                
			 | 
            [occupation] and other important employment information that would  | 
         
         
            | 
                
			 | 
            improve the state's labor market information. | 
         
         
            | 
                
			 | 
                   SECTION 6.24.  The heading to Section 312.003, Labor Code,  | 
         
         
            | 
                
			 | 
            is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 312.003.  INVENTORY OF CERTIFICATIONS [CREDENTIALS AND  | 
         
         
            | 
                
			 | 
            CERTIFICATES]. | 
         
         
            | 
                
			 | 
                   SECTION 6.25.  Sections 312.003(a), (b), (c), and (d), Labor  | 
         
         
            | 
                
			 | 
            Code, are amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The advisory council shall develop an inventory of  | 
         
         
            | 
                
			 | 
            industry-recognized certifications [credentials and certificates]  | 
         
         
            | 
                
			 | 
            that may be earned by a public high school student through a career  | 
         
         
            | 
                
			 | 
            and technology education program and that: | 
         
         
            | 
                
			 | 
                         (1)  are aligned to state and regional workforce needs;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  serve as an entry point to middle- and high-wage  | 
         
         
            | 
                
			 | 
            jobs. | 
         
         
            | 
                
			 | 
                   (b)  The inventory must include for each certification | 
         
         
            | 
                
			 | 
            [credential or certificate]: | 
         
         
            | 
                
			 | 
                         (1)  the associated career cluster; | 
         
         
            | 
                
			 | 
                         (2)  the awarding entity; | 
         
         
            | 
                
			 | 
                         (3)  the level of education required and any additional  | 
         
         
            | 
                
			 | 
            requirements for the certification [credential or certificate]; | 
         
         
            | 
                
			 | 
                         (4)  any fees for obtaining the certification | 
         
         
            | 
                
			 | 
            [credential or certificate]; and | 
         
         
            | 
                
			 | 
                         (5)  the average wage or salary for jobs that require or  | 
         
         
            | 
                
			 | 
            prefer the certification [credential or certificate]. | 
         
         
            | 
                
			 | 
                   (c)  In developing the inventory, the advisory council may  | 
         
         
            | 
                
			 | 
            consult with local workforce boards, the Texas Workforce Investment  | 
         
         
            | 
                
			 | 
            Council, the Texas Economic Development and Tourism Office, the  | 
         
         
            | 
                
			 | 
            Texas Education Agency, and the Texas Higher Education Coordinating  | 
         
         
            | 
                
			 | 
            Board. | 
         
         
            | 
                
			 | 
                   (d)  The advisory council shall establish a process for  | 
         
         
            | 
                
			 | 
            developing the inventory, including the criteria for the inclusion  | 
         
         
            | 
                
			 | 
            of a certification [credential or certificate] in the inventory. | 
         
         
            | 
                
			 | 
                   SECTION 6.26.  Section 29.912(h), Education Code, is  | 
         
         
            | 
                
			 | 
            repealed. | 
         
         
            | 
                
			 | 
                   SECTION 6.27.  The Texas Education Agency shall 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 6.28.  Section 28.0095(c-1), 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 6.29.  (a)  Except as provided by Subsection (b) of  | 
         
         
            | 
                
			 | 
            this section and as otherwise provided by this article, this  | 
         
         
            | 
                
			 | 
            article takes effect immediately if this Act receives a vote of  | 
         
         
            | 
                
			 | 
            two-thirds of all the members elected to each house, as provided by  | 
         
         
            | 
                
			 | 
            Section 39, Article III, Texas Constitution.  If this Act does not  | 
         
         
            | 
                
			 | 
            receive the vote necessary for immediate effect, this article takes  | 
         
         
            | 
                
			 | 
            effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (b)  The amendments by this article to Chapter 48, Education  | 
         
         
            | 
                
			 | 
            Code, take effect September 1, 2025. | 
         
         
            | 
                
			 | 
            ARTICLE 7.  CHANGES RELATED TO PUBLIC EDUCATION AND PUBLIC SCHOOL  | 
         
         
            | 
                
			 | 
            FINANCE | 
         
         
            | 
                
			 | 
                   SECTION 7.01.  Subchapter C, Chapter 7, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 7.0611 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 7.0611.  FACILITY USAGE REPORT.  (a)  In this section,  | 
         
         
            | 
                
			 | 
            "instructional facility" has the meaning assigned by Section  | 
         
         
            | 
                
			 | 
            46.001. | 
         
         
            | 
                
			 | 
                   (b)  The agency by rule shall require each school district to  | 
         
         
            | 
                
			 | 
            annually report the following information in the form and manner  | 
         
         
            | 
                
			 | 
            prescribed by the agency: | 
         
         
            | 
                
			 | 
                         (1)  the square footage of each school district  | 
         
         
            | 
                
			 | 
            facility and the acreage of land on which each facility sits; | 
         
         
            | 
                
			 | 
                         (2)  the total student capacity for each instructional  | 
         
         
            | 
                
			 | 
            facility on a district campus; | 
         
         
            | 
                
			 | 
                         (3)  for each campus in the school district: | 
         
         
            | 
                
			 | 
                               (A)  the enrollment capacity of the campus and of  | 
         
         
            | 
                
			 | 
            each grade level offered at the campus; and | 
         
         
            | 
                
			 | 
                               (B)  the number of students currently enrolled at  | 
         
         
            | 
                
			 | 
            the campus and in each grade level offered at the campus; | 
         
         
            | 
                
			 | 
                         (4)  whether a school district facility is used by one  | 
         
         
            | 
                
			 | 
            or more campuses and the campus identifier of each campus that uses  | 
         
         
            | 
                
			 | 
            the facility; | 
         
         
            | 
                
			 | 
                         (5)  what each school district facility is used for,  | 
         
         
            | 
                
			 | 
            including: | 
         
         
            | 
                
			 | 
                               (A)  an instructional facility; | 
         
         
            | 
                
			 | 
                               (B)  a career and technology center; | 
         
         
            | 
                
			 | 
                               (C)  an administrative building; | 
         
         
            | 
                
			 | 
                               (D)  a food service facility; | 
         
         
            | 
                
			 | 
                               (E)  a transportation facility; and | 
         
         
            | 
                
			 | 
                               (F)  vacant land; and | 
         
         
            | 
                
			 | 
                         (6)  whether each school district facility is leased or  | 
         
         
            | 
                
			 | 
            owned. | 
         
         
            | 
                
			 | 
                   (c)  From the information submitted under Subsection (b),  | 
         
         
            | 
                
			 | 
            the agency shall produce and make available to the public on the  | 
         
         
            | 
                
			 | 
            agency's Internet website an annual report on school district land  | 
         
         
            | 
                
			 | 
            and facilities.  The agency may combine the report required under  | 
         
         
            | 
                
			 | 
            this section with any other required report to avoid multiplicity  | 
         
         
            | 
                
			 | 
            of reports. | 
         
         
            | 
                
			 | 
                   (d)  If the agency determines information provided under  | 
         
         
            | 
                
			 | 
            Subsection (b) would create a security risk, such information is  | 
         
         
            | 
                
			 | 
            considered confidential for purposes of Chapter 552, Government  | 
         
         
            | 
                
			 | 
            Code, and may not be disclosed in the annual report under Subsection  | 
         
         
            | 
                
			 | 
            (c). | 
         
         
            | 
                
			 | 
                   (e)  The commissioner may adopt rules as necessary to  | 
         
         
            | 
                
			 | 
            implement this section.  In adopting rules for determining the  | 
         
         
            | 
                
			 | 
            student capacity of a school district or district campus, the  | 
         
         
            | 
                
			 | 
            commissioner may consider the staffing, student-teacher ratio, and  | 
         
         
            | 
                
			 | 
            facility capacity of the district or campus. | 
         
         
            | 
                
			 | 
                   SECTION 7.02.  Section 12.106, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsections (a), (a-2), (d), (e), and (f) and adding  | 
         
         
            | 
                
			 | 
            Subsections (e-1), (e-2), and (f-1) to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  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 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,  | 
         
         
            | 
                
			 | 
            excluding: | 
         
         
            | 
                
			 | 
                         (1)  the adjustment under Section 48.052; | 
         
         
            | 
                
			 | 
                         (2)  [,] the funding under Sections 48.101 and [,  | 
         
         
            | 
                
			 | 
            48.110,] 48.111; [, and 48.112,] and | 
         
         
            | 
                
			 | 
                         (3)  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]. | 
         
         
            | 
                
			 | 
                   (a-2)  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: | 
         
         
            | 
                
			 | 
                         (1)  the product of: | 
         
         
            | 
                
			 | 
                               (A)  the quotient of: | 
         
         
            | 
                
			 | 
                                     (i)  the total amount of funding provided to  | 
         
         
            | 
                
			 | 
            eligible school districts under Section 48.101(b) or (c); and | 
         
         
            | 
                
			 | 
                                     (ii)  the total number of students in  | 
         
         
            | 
                
			 | 
            average daily attendance in school districts that receive an  | 
         
         
            | 
                
			 | 
            allotment under Section 48.101(b) or (c); and | 
         
         
            | 
                
			 | 
                               (B)  the sum of one and the quotient of: | 
         
         
            | 
                
			 | 
                                     (i)  the total number of students in average  | 
         
         
            | 
                
			 | 
            daily attendance in school districts that receive an allotment  | 
         
         
            | 
                
			 | 
            under Section 48.101(b) or (c); and | 
         
         
            | 
                
			 | 
                                     (ii)  the total number of students in  | 
         
         
            | 
                
			 | 
            average daily attendance in school districts statewide; and | 
         
         
            | 
                
			 | 
                         (2)  $300 [$125]. | 
         
         
            | 
                
			 | 
                   (d)  Subject to Subsections [Subsection] (e) and (e-2), in  | 
         
         
            | 
                
			 | 
            addition to other amounts provided by this section, a charter  | 
         
         
            | 
                
			 | 
            holder is entitled to receive, for the open-enrollment charter  | 
         
         
            | 
                
			 | 
            school, an annual allotment [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: | 
         
         
            | 
                
			 | 
                         (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 for the applicable school year multiplied by  | 
         
         
            | 
                
			 | 
            0.06 [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]. | 
         
         
            | 
                
			 | 
                   (e)  Subject to Subsection (e-1), a [A] charter holder is not | 
         
         
            | 
                
			 | 
            entitled to receive funding under Subsection (d) for an  | 
         
         
            | 
                
			 | 
            open-enrollment charter school [only] if the school has been  | 
         
         
            | 
                
			 | 
            assigned: | 
         
         
            | 
                
			 | 
                         (1)  an unacceptable [most recent overall] performance  | 
         
         
            | 
                
			 | 
            rating [assigned to the open-enrollment charter school] under  | 
         
         
            | 
                
			 | 
            Subchapter C, Chapter 39, for the two preceding school years; | 
         
         
            | 
                
			 | 
                         (2)  a financial accountability performance rating  | 
         
         
            | 
                
			 | 
            under Subchapter D, 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 | 
         
         
            | 
                
			 | 
            [reflects at least acceptable performance]. | 
         
         
            | 
                
			 | 
                   (e-1)  Subsection (e) [This subsection] does not apply to a  | 
         
         
            | 
                
			 | 
            charter holder: | 
         
         
            | 
                
			 | 
                         (1)  during the first two years of the applicable  | 
         
         
            | 
                
			 | 
            open-enrollment charter school's operation; or | 
         
         
            | 
                
			 | 
                         (2)  that operates a school program located at a day  | 
         
         
            | 
                
			 | 
            treatment facility, residential treatment facility, psychiatric  | 
         
         
            | 
                
			 | 
            hospital, or medical hospital. | 
         
         
            | 
                
			 | 
                   (e-2)  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 the  | 
         
         
            | 
                
			 | 
            agency 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)  Funds received by a charter holder under Subsection (d): | 
         
         
            | 
                
			 | 
                         (1)  notwithstanding any other law, may not be 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)  may only be used: | 
         
         
            | 
                
			 | 
                               (A) [(1)]  to lease an instructional facility; | 
         
         
            | 
                
			 | 
                               (B) [(2)]  to pay property taxes imposed on an  | 
         
         
            | 
                
			 | 
            instructional facility; | 
         
         
            | 
                
			 | 
                               (C) [(3)]  to pay 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 [to  | 
         
         
            | 
                
			 | 
            finance an instructional facility]; or | 
         
         
            | 
                
			 | 
                               (D) [(4)]  for any other purpose related to the  | 
         
         
            | 
                
			 | 
            purchase, lease, sale, acquisition, or maintenance of an  | 
         
         
            | 
                
			 | 
            instructional facility. | 
         
         
            | 
                
			 | 
                   (f-1)  The governing body of an open-enrollment charter  | 
         
         
            | 
                
			 | 
            school must comply with Chapter 551, Government Code, when  | 
         
         
            | 
                
			 | 
            considering the issuance of bonds. | 
         
         
            | 
                
			 | 
                   SECTION 7.03.  Section 28.0211, Education Code, is amended  | 
         
         
            | 
                
			 | 
            by adding Subsections (a-15) and (a-16) to read as follows: | 
         
         
            | 
                
			 | 
                   (a-15)  The agency shall approve high-impact tutoring  | 
         
         
            | 
                
			 | 
            providers for purposes of providing accelerated or supplemental  | 
         
         
            | 
                
			 | 
            instruction under this section.  In approving a provider, the  | 
         
         
            | 
                
			 | 
            agency shall consider the requirements under Subsection (a-4). | 
         
         
            | 
                
			 | 
                   (a-16)  In contracting with a high-impact tutoring provider  | 
         
         
            | 
                
			 | 
            approved by the agency under Subsection (a-15), a school district  | 
         
         
            | 
                
			 | 
            may use an outcomes-based contract.  The agency may approve an  | 
         
         
            | 
                
			 | 
            instrument necessary to collect, manage, and analyze student  | 
         
         
            | 
                
			 | 
            outcomes at scale for those providers. | 
         
         
            | 
                
			 | 
                   SECTION 7.04.  Section 29.054, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsection (e) to read as follows: | 
         
         
            | 
                
			 | 
                   (e)  Notwithstanding Section 29.066(c), the agency may  | 
         
         
            | 
                
			 | 
            require, for purposes of implementing Section 48.105, a school  | 
         
         
            | 
                
			 | 
            district that is granted an exception under this section to: | 
         
         
            | 
                
			 | 
                         (1)  include in the district's Public Education  | 
         
         
            | 
                
			 | 
            Information Management System (PEIMS) report additional  | 
         
         
            | 
                
			 | 
            information specified by the agency and relating to the alternative  | 
         
         
            | 
                
			 | 
            language education methods used by the district; and | 
         
         
            | 
                
			 | 
                         (2)  classify the alternative language education  | 
         
         
            | 
                
			 | 
            methods used by the district under the Public Education Information  | 
         
         
            | 
                
			 | 
            Management System (PEIMS) report as specified by the agency. | 
         
         
            | 
                
			 | 
                   SECTION 7.05.  Subchapter Z, Chapter 29, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 29.940 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 29.940.  FEDERAL GRANT ADMINISTRATION.  For a federal  | 
         
         
            | 
                
			 | 
            grant program under which the agency oversees and administers  | 
         
         
            | 
                
			 | 
            services to nonpublic schools, the agency shall 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 7.06.  Section 37.0021(d), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (d)  Subject to Subsection (j), the commissioner by rule  | 
         
         
            | 
                
			 | 
            shall adopt procedures for the use of restraint and time-out by a  | 
         
         
            | 
                
			 | 
            school district employee or volunteer or an independent contractor  | 
         
         
            | 
                
			 | 
            of a district in the case of a student with a disability receiving  | 
         
         
            | 
                
			 | 
            special education services under Subchapter A, Chapter 29.  A  | 
         
         
            | 
                
			 | 
            procedure adopted under this subsection must: | 
         
         
            | 
                
			 | 
                         (1)  be consistent with: | 
         
         
            | 
                
			 | 
                               (A)  professionally accepted practices and  | 
         
         
            | 
                
			 | 
            standards of student discipline and techniques for behavior  | 
         
         
            | 
                
			 | 
            management; and | 
         
         
            | 
                
			 | 
                               (B)  relevant health and safety standards; | 
         
         
            | 
                
			 | 
                         (2)  establish crisis prevention and intervention  | 
         
         
            | 
                
			 | 
            training requirements for school district personnel, including: | 
         
         
            | 
                
			 | 
                               (A)  standards for determining which personnel,  | 
         
         
            | 
                
			 | 
            including support staff and law enforcement, should receive the  | 
         
         
            | 
                
			 | 
            training and the amount of training each of those individuals  | 
         
         
            | 
                
			 | 
            should receive, prioritizing the amount of training and training  | 
         
         
            | 
                
			 | 
            that includes physical interventions based on the individual's risk  | 
         
         
            | 
                
			 | 
            of being involved in a student-involved crisis situation; | 
         
         
            | 
                
			 | 
                               (B)  recommendations for the minimum frequency of  | 
         
         
            | 
                
			 | 
            crisis prevention and intervention training as included in the  | 
         
         
            | 
                
			 | 
            continuing education and training clearinghouse published under  | 
         
         
            | 
                
			 | 
            Section 21.4514; and | 
         
         
            | 
                
			 | 
                               (C)  provisions allowing for any training  | 
         
         
            | 
                
			 | 
            required under this subsection to be combined with or substituted  | 
         
         
            | 
                
			 | 
            for other related required training if a majority of the content in  | 
         
         
            | 
                
			 | 
            the related training addresses content in the training required  | 
         
         
            | 
                
			 | 
            under this subsection, including: | 
         
         
            | 
                
			 | 
                                     (i)  trauma-informed care training required  | 
         
         
            | 
                
			 | 
            under Section 38.036; and | 
         
         
            | 
                
			 | 
                                     (ii)  training on strategies for  | 
         
         
            | 
                
			 | 
            establishing and maintaining positive relationships among  | 
         
         
            | 
                
			 | 
            students, including conflict resolution, required under Section  | 
         
         
            | 
                
			 | 
            21.451(d)(3)(B) [identify any discipline management practice or  | 
         
         
            | 
                
			 | 
            behavior management technique that requires a district employee or  | 
         
         
            | 
                
			 | 
            volunteer or an independent contractor of a district to be trained  | 
         
         
            | 
                
			 | 
            before using that practice or technique]; and | 
         
         
            | 
                
			 | 
                         (3)  require a school district to: | 
         
         
            | 
                
			 | 
                               (A)  provide written notification to the  | 
         
         
            | 
                
			 | 
            student's parent or person standing in parental relation to the  | 
         
         
            | 
                
			 | 
            student for each use of restraint that includes: | 
         
         
            | 
                
			 | 
                                     (i)  the name of the student; | 
         
         
            | 
                
			 | 
                                     (ii)  the name of the district employee or  | 
         
         
            | 
                
			 | 
            volunteer or independent contractor of the district who  | 
         
         
            | 
                
			 | 
            administered the restraint; | 
         
         
            | 
                
			 | 
                                     (iii)  the date of the restraint; | 
         
         
            | 
                
			 | 
                                     (iv)  the time that the restraint started  | 
         
         
            | 
                
			 | 
            and ended; | 
         
         
            | 
                
			 | 
                                     (v)  the location of the restraint; | 
         
         
            | 
                
			 | 
                                     (vi)  the nature of the restraint; | 
         
         
            | 
                
			 | 
                                     (vii)  a description of the activity in  | 
         
         
            | 
                
			 | 
            which the student was engaged immediately preceding the use of the  | 
         
         
            | 
                
			 | 
            restraint; | 
         
         
            | 
                
			 | 
                                     (viii)  the behavior of the student that  | 
         
         
            | 
                
			 | 
            prompted the restraint; | 
         
         
            | 
                
			 | 
                                     (ix)  any efforts made to de-escalate the  | 
         
         
            | 
                
			 | 
            situation and any alternatives to restraint that were attempted; | 
         
         
            | 
                
			 | 
                                     (x)  if the student has a behavior  | 
         
         
            | 
                
			 | 
            improvement plan or a behavioral intervention plan, whether the  | 
         
         
            | 
                
			 | 
            plan may need to be revised as a result of the behavior that led to  | 
         
         
            | 
                
			 | 
            the restraint; and | 
         
         
            | 
                
			 | 
                                     (xi)  if the student does not have a behavior  | 
         
         
            | 
                
			 | 
            improvement plan or a behavioral intervention plan, information on  | 
         
         
            | 
                
			 | 
            the procedure for the student's parent or person standing in  | 
         
         
            | 
                
			 | 
            parental relation to the student to request an admission, review,  | 
         
         
            | 
                
			 | 
            and dismissal committee meeting to discuss the possibility of  | 
         
         
            | 
                
			 | 
            conducting a functional behavioral assessment of the student and  | 
         
         
            | 
                
			 | 
            developing a plan for the student; | 
         
         
            | 
                
			 | 
                               (B)  include in a student's special education  | 
         
         
            | 
                
			 | 
            eligibility school records: | 
         
         
            | 
                
			 | 
                                     (i)  a copy of the written notification  | 
         
         
            | 
                
			 | 
            provided to the student's parent or person standing in parental  | 
         
         
            | 
                
			 | 
            relation to the student under Paragraph (A); | 
         
         
            | 
                
			 | 
                                     (ii)  information on the method by which the  | 
         
         
            | 
                
			 | 
            written notification was sent to the parent or person; and | 
         
         
            | 
                
			 | 
                                     (iii)  the contact information for the  | 
         
         
            | 
                
			 | 
            parent or person to whom the district sent the notification; and | 
         
         
            | 
                
			 | 
                               (C)  if the student has a behavior improvement  | 
         
         
            | 
                
			 | 
            plan or behavioral intervention plan, document each use of time-out  | 
         
         
            | 
                
			 | 
            prompted by a behavior of the student specified in the student's  | 
         
         
            | 
                
			 | 
            plan, including a description of the behavior that prompted the  | 
         
         
            | 
                
			 | 
            time-out. | 
         
         
            | 
                
			 | 
                   SECTION 7.07.  Section 37.108(b-1), Education Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b-1)  In a school district's safety and security audit  | 
         
         
            | 
                
			 | 
            required under Subsection (b), the district must certify that the  | 
         
         
            | 
                
			 | 
            district used the funds provided to the district through the school  | 
         
         
            | 
                
			 | 
            safety allotment under Section 48.160 [48.115] only for the  | 
         
         
            | 
                
			 | 
            purposes provided by that section. | 
         
         
            | 
                
			 | 
                   SECTION 7.08.  Section 37.117(c), Education Code, as added  | 
         
         
            | 
                
			 | 
            by Chapter 1 (S.B. 838), Acts of the 88th Legislature, Regular  | 
         
         
            | 
                
			 | 
            Session, 2023, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (c)  To comply with this section, a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school may: | 
         
         
            | 
                
			 | 
                         (1)  use funds provided to the district or school  | 
         
         
            | 
                
			 | 
            through the school safety allotment under Section 48.160 [48.115]  | 
         
         
            | 
                
			 | 
            or other available funds; and | 
         
         
            | 
                
			 | 
                         (2)  use the district's or school's customary  | 
         
         
            | 
                
			 | 
            procurement process. | 
         
         
            | 
                
			 | 
                   SECTION 7.09.  Section 37.354(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The commissioner may authorize a school district to use  | 
         
         
            | 
                
			 | 
            money provided to the district for the purpose of improving school  | 
         
         
            | 
                
			 | 
            safety and security, including the school safety allotment under  | 
         
         
            | 
                
			 | 
            Section 48.160 [48.115] or any other funding or grant money  | 
         
         
            | 
                
			 | 
            available to the district for that purpose, to comply with the  | 
         
         
            | 
                
			 | 
            requirements of this subchapter. | 
         
         
            | 
                
			 | 
                   SECTION 7.10.  Subchapter A, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.011 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.011.  COMMISSIONER AUTHORITY TO RESOLVE UNINTENDED  | 
         
         
            | 
                
			 | 
            CONSEQUENCES.  (a)  Subject to Subsection (b), the commissioner  | 
         
         
            | 
                
			 | 
            may, as necessary to implement changes made by the legislature to  | 
         
         
            | 
                
			 | 
            public school finance, including under this chapter or Chapter 45,  | 
         
         
            | 
                
			 | 
            46, or 49, and school district ad valorem taxes: | 
         
         
            | 
                
			 | 
                         (1)  adjust a school district's entitlement 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)  Before making an adjustment under Subsection (a), the  | 
         
         
            | 
                
			 | 
            commissioner shall notify and must receive approval from the  | 
         
         
            | 
                
			 | 
            Legislative Budget Board and the office of the governor. | 
         
         
            | 
                
			 | 
                   (c)  If the commissioner makes an adjustment under  | 
         
         
            | 
                
			 | 
            Subsection (a), the commissioner must provide to the legislature an  | 
         
         
            | 
                
			 | 
            explanation regarding the changes necessary to resolve the  | 
         
         
            | 
                
			 | 
            unintended consequences. | 
         
         
            | 
                
			 | 
                   (d)  This section expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   SECTION 7.11.  Subchapter A, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.014 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.014.  NOTICE FOR SCHOOL DISTRICTS REGARDING RECOURSE  | 
         
         
            | 
                
			 | 
            FOR INVALID PROPERTY VALUES.  (a)  This section applies only to a  | 
         
         
            | 
                
			 | 
            school district located in an appraisal district in which the  | 
         
         
            | 
                
			 | 
            comptroller has certified the preliminary findings of the school  | 
         
         
            | 
                
			 | 
            district property value study under Section 403.302(g), 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, Government Code. | 
         
         
            | 
                
			 | 
                   (b)  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, the commissioner shall  | 
         
         
            | 
                
			 | 
            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: | 
         
         
            | 
                
			 | 
                         (1)  an estimate of the effect on the district's  | 
         
         
            | 
                
			 | 
            finances; and | 
         
         
            | 
                
			 | 
                         (2)  any right of recourse available to the district. | 
         
         
            | 
                
			 | 
                   (c)  Each school district shall annually report to the agency  | 
         
         
            | 
                
			 | 
            contact information for the members of the district's board of  | 
         
         
            | 
                
			 | 
            trustees for purposes of receiving the notice under this section. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner shall coordinate with the comptroller  | 
         
         
            | 
                
			 | 
            to provide copies of the notice under this section to the board of  | 
         
         
            | 
                
			 | 
            directors of each applicable appraisal district. | 
         
         
            | 
                
			 | 
                   SECTION 7.12.  Section 48.051(a), Education Code, is amended  | 
         
         
            | 
                
			 | 
            to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  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 | 
         
         
            | 
                
			 | 
            [an instructional arrangement] other than a general education  | 
         
         
            | 
                
			 | 
            setting [mainstream or 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 the following formulas: | 
         
         
            | 
                
			 | 
                         (1)  A = $6,160 + GYIA; or [the amount that results from  | 
         
         
            | 
                
			 | 
            the following formula:] | 
         
         
            | 
                
			 | 
                         (2)  A = ($6,160 + GYIA) X TR/MCR | 
         
         
            | 
                
			 | 
            where: | 
         
         
            | 
                
			 | 
                   "A" is the allotment to which a district is entitled; | 
         
         
            | 
                
			 | 
                   "GYIA" is the guaranteed yield increment adjustment  | 
         
         
            | 
                
			 | 
            determined under Section 48.2561; | 
         
         
            | 
                
			 | 
                   "TR" is the district's tier one maintenance and operations  | 
         
         
            | 
                
			 | 
            tax rate, as provided by Section 45.0032; and | 
         
         
            | 
                
			 | 
                   "MCR" is the district's maximum compressed tax rate, as  | 
         
         
            | 
                
			 | 
            determined under Section 48.2551. | 
         
         
            | 
                
			 | 
                   SECTION 7.13.  Section 48.101, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.101.  SMALL AND MID-SIZED DISTRICT ALLOTMENT.  (a)   | 
         
         
            | 
                
			 | 
            Small and mid-sized districts are entitled to an annual allotment  | 
         
         
            | 
                
			 | 
            in accordance with this section.  In this section: | 
         
         
            | 
                
			 | 
                         (1)  "AA" is the district's annual allotment per  | 
         
         
            | 
                
			 | 
            student in average daily attendance; | 
         
         
            | 
                
			 | 
                         (2)  "ADA" is the number of students in average daily  | 
         
         
            | 
                
			 | 
            attendance for which the district is entitled to an allotment under  | 
         
         
            | 
                
			 | 
            Section 48.051, other than students in average daily attendance who  | 
         
         
            | 
                
			 | 
            do not reside in the district and are enrolled in a full-time  | 
         
         
            | 
                
			 | 
            virtual program; and | 
         
         
            | 
                
			 | 
                         (3)  "BA" is the basic allotment determined under  | 
         
         
            | 
                
			 | 
            Section 48.051. | 
         
         
            | 
                
			 | 
                   (b)  A school district that has fewer than 1,600 students in  | 
         
         
            | 
                
			 | 
            average daily attendance is entitled to an annual allotment for  | 
         
         
            | 
                
			 | 
            each student in average daily attendance based on the following  | 
         
         
            | 
                
			 | 
            formula: | 
         
         
            | 
                
			 | 
            AA = ((1,600 - ADA) X .00046 [.0004]) X BA | 
         
         
            | 
                
			 | 
                   (c)  A school district that offers a kindergarten through  | 
         
         
            | 
                
			 | 
            grade 12 program and has less than 5,000 students in average daily  | 
         
         
            | 
                
			 | 
            attendance is entitled to an annual allotment for each student in  | 
         
         
            | 
                
			 | 
            average daily attendance based on the formula, of the following  | 
         
         
            | 
                
			 | 
            formulas, that results in the greatest annual allotment: | 
         
         
            | 
                
			 | 
                         (1)  the formula in Subsection (b), if the district is  | 
         
         
            | 
                
			 | 
            eligible for that formula; or | 
         
         
            | 
                
			 | 
                         (2)  AA = ((5,000 - ADA) X .00003 [.000025]) X BA. | 
         
         
            | 
                
			 | 
                   (d)  Instead of the allotment under Subsection (b) or (c)(1),  | 
         
         
            | 
                
			 | 
            a school district that has fewer than 300 students in average daily  | 
         
         
            | 
                
			 | 
            attendance and is the only school district located in and operating  | 
         
         
            | 
                
			 | 
            in a county is entitled to an annual allotment for each student in  | 
         
         
            | 
                
			 | 
            average daily attendance based on the following formula: | 
         
         
            | 
                
			 | 
            AA = ((1,600 - ADA) X .0005 [.00047]) X BA | 
         
         
            | 
                
			 | 
                   SECTION 7.14.  Section 48.105, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsections (a-1) and (a-2) and amending Subsection (b) to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (a-1)  The agency shall 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.  In approving school districts to  | 
         
         
            | 
                
			 | 
            receive the allotment under this subsection, the agency shall, to  | 
         
         
            | 
                
			 | 
            the extent possible, approve eligible school districts from a  | 
         
         
            | 
                
			 | 
            cross-section of this state. | 
         
         
            | 
                
			 | 
                   (a-2)  For each student in average daily attendance in an  | 
         
         
            | 
                
			 | 
            alternative language education method approved by the agency 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)  At least 55 percent of the funds allocated under this  | 
         
         
            | 
                
			 | 
            section must be used in providing bilingual education or special  | 
         
         
            | 
                
			 | 
            language programs under Subchapter B, Chapter 29.  A district's  | 
         
         
            | 
                
			 | 
            bilingual education or special language allocation may be used only  | 
         
         
            | 
                
			 | 
            for program and student evaluation, instructional materials and  | 
         
         
            | 
                
			 | 
            equipment, staff development, supplemental staff expenses, teacher  | 
         
         
            | 
                
			 | 
            salaries [salary supplements for teachers], incremental costs  | 
         
         
            | 
                
			 | 
            associated with providing smaller class sizes, and other supplies  | 
         
         
            | 
                
			 | 
            required for quality instruction. | 
         
         
            | 
                
			 | 
                   SECTION 7.15.  Section 48.115, Education Code, is  | 
         
         
            | 
                
			 | 
            transferred to Subchapter D, Chapter 48, Education Code,  | 
         
         
            | 
                
			 | 
            redesignated as Section 48.160, Education Code, and amended to read  | 
         
         
            | 
                
			 | 
            as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.160  [48.115].  SCHOOL SAFETY ALLOTMENT.  (a)   | 
         
         
            | 
                
			 | 
            Except as provided by Subsection (a-1), 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 [$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)  $33,540 [$15,000] per campus. | 
         
         
            | 
                
			 | 
                   (a-1)  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 under Subsection (a). | 
         
         
            | 
                
			 | 
                   (b)  Funds allocated under this section must be used to  | 
         
         
            | 
                
			 | 
            improve school safety and security, including costs associated  | 
         
         
            | 
                
			 | 
            with: | 
         
         
            | 
                
			 | 
                         (1)  securing school facilities in accordance with the  | 
         
         
            | 
                
			 | 
            requirements of Section 37.351, including: | 
         
         
            | 
                
			 | 
                               (A)  improvements to school infrastructure; | 
         
         
            | 
                
			 | 
                               (B)  the use or installation of perimeter security  | 
         
         
            | 
                
			 | 
            fencing conducive to a public school learning environment or  | 
         
         
            | 
                
			 | 
            physical barriers, which may not include razor wire; | 
         
         
            | 
                
			 | 
                               (C)  exterior door and window safety and security  | 
         
         
            | 
                
			 | 
            upgrades, including exterior door numbering and locking systems and  | 
         
         
            | 
                
			 | 
            security film that provides resistance to a forced entry; and | 
         
         
            | 
                
			 | 
                               (D)  the purchase and maintenance of: | 
         
         
            | 
                
			 | 
                                     (i)  security cameras and, if the district  | 
         
         
            | 
                
			 | 
            has already installed security cameras, other security equipment,  | 
         
         
            | 
                
			 | 
            including video surveillance as provided by Section 29.022; and | 
         
         
            | 
                
			 | 
                                     (ii)  technology, including communications  | 
         
         
            | 
                
			 | 
            systems or devices, such as silent panic alert devices, two-way  | 
         
         
            | 
                
			 | 
            radios, or wireless Internet booster equipment, that facilitates  | 
         
         
            | 
                
			 | 
            communication and information sharing between students, school  | 
         
         
            | 
                
			 | 
            personnel, and first responders in an emergency; | 
         
         
            | 
                
			 | 
                         (2)  providing security for the district, including: | 
         
         
            | 
                
			 | 
                               (A)  employing school district peace officers,  | 
         
         
            | 
                
			 | 
            private security officers, and school marshals; and | 
         
         
            | 
                
			 | 
                               (B)  collaborating with local law enforcement  | 
         
         
            | 
                
			 | 
            agencies, such as entering into a memorandum of understanding for  | 
         
         
            | 
                
			 | 
            the assignment of school resource officers to schools in the  | 
         
         
            | 
                
			 | 
            district; | 
         
         
            | 
                
			 | 
                         (3)  school safety and security measures, including: | 
         
         
            | 
                
			 | 
                               (A)  active shooter and emergency response  | 
         
         
            | 
                
			 | 
            training; | 
         
         
            | 
                
			 | 
                               (B)  prevention and treatment programs relating  | 
         
         
            | 
                
			 | 
            to addressing adverse childhood experiences; and | 
         
         
            | 
                
			 | 
                               (C)  the prevention, identification, and  | 
         
         
            | 
                
			 | 
            management of emergencies and threats, using evidence-based,  | 
         
         
            | 
                
			 | 
            effective prevention practices and including: | 
         
         
            | 
                
			 | 
                                     (i)  providing licensed counselors, social  | 
         
         
            | 
                
			 | 
            workers, chaplains, and individuals trained in restorative  | 
         
         
            | 
                
			 | 
            discipline and restorative justice practices; | 
         
         
            | 
                
			 | 
                                     (ii)  providing mental health personnel and  | 
         
         
            | 
                
			 | 
            support, including chaplains; | 
         
         
            | 
                
			 | 
                                     (iii)  providing behavioral health  | 
         
         
            | 
                
			 | 
            services, including services provided by chaplains; | 
         
         
            | 
                
			 | 
                                     (iv)  establishing threat reporting  | 
         
         
            | 
                
			 | 
            systems; and | 
         
         
            | 
                
			 | 
                                     (v)  developing and implementing programs  | 
         
         
            | 
                
			 | 
            focused on restorative justice practices, culturally relevant  | 
         
         
            | 
                
			 | 
            instruction, and providing mental health support, including  | 
         
         
            | 
                
			 | 
            support provided by chaplains; | 
         
         
            | 
                
			 | 
                         (4)  providing programs related to suicide prevention,  | 
         
         
            | 
                
			 | 
            intervention, and postvention, including programs provided by  | 
         
         
            | 
                
			 | 
            chaplains; and | 
         
         
            | 
                
			 | 
                         (5)  employing a school safety director and other  | 
         
         
            | 
                
			 | 
            personnel to manage and monitor school safety initiatives and the  | 
         
         
            | 
                
			 | 
            implementation of school safety requirements for the district. | 
         
         
            | 
                
			 | 
                   (b-1)  The agency may designate certain technologies that a  | 
         
         
            | 
                
			 | 
            school district, in using funds allocated under this section, may  | 
         
         
            | 
                
			 | 
            purchase only from a vendor approved by the agency. | 
         
         
            | 
                
			 | 
                   (b-2)  If the agency, in coordination with the Texas School  | 
         
         
            | 
                
			 | 
            Safety Center, determines that entering into a statewide contract  | 
         
         
            | 
                
			 | 
            with a vendor for the provision of a technology designated under  | 
         
         
            | 
                
			 | 
            Subsection (b-1) would result in cost savings to school districts,  | 
         
         
            | 
                
			 | 
            the agency may, after receiving approval from the Legislative  | 
         
         
            | 
                
			 | 
            Budget Board and office of the governor, enter into a contract with  | 
         
         
            | 
                
			 | 
            a vendor to provide the technology to each district that uses funds  | 
         
         
            | 
                
			 | 
            allocated under this section to purchase that technology. | 
         
         
            | 
                
			 | 
                   (c)  A school district may use funds allocated under this  | 
         
         
            | 
                
			 | 
            section for equipment or software that is used for a school safety  | 
         
         
            | 
                
			 | 
            and security purpose and an instructional purpose, provided that  | 
         
         
            | 
                
			 | 
            the instructional use does not compromise the safety and security  | 
         
         
            | 
                
			 | 
            purpose of the equipment or software. | 
         
         
            | 
                
			 | 
                   (c-1)  The agency, or if designated by the agency, the Texas  | 
         
         
            | 
                
			 | 
            School Safety Center, shall establish and publish a directory of  | 
         
         
            | 
                
			 | 
            approved vendors of school safety technology and equipment a school  | 
         
         
            | 
                
			 | 
            district may select from when using funds allocated under this  | 
         
         
            | 
                
			 | 
            section.  If a school district uses funds allocated under this  | 
         
         
            | 
                
			 | 
            section to purchase technology or equipment from a vendor that is  | 
         
         
            | 
                
			 | 
            not included in the directory, the district must solicit bids from  | 
         
         
            | 
                
			 | 
            at least three vendors before completing the purchase. | 
         
         
            | 
                
			 | 
                   (d)  The commissioner shall annually publish a report  | 
         
         
            | 
                
			 | 
            regarding funds allocated under this section including the  | 
         
         
            | 
                
			 | 
            programs, personnel, and resources purchased by districts using  | 
         
         
            | 
                
			 | 
            funds under this section and other purposes for which the funds were  | 
         
         
            | 
                
			 | 
            used. | 
         
         
            | 
                
			 | 
                   (e)  Notwithstanding any other law, a school district may use  | 
         
         
            | 
                
			 | 
            funds allocated under this section to provide training to a person  | 
         
         
            | 
                
			 | 
            authorized by the district to carry a firearm on a district campus. | 
         
         
            | 
                
			 | 
                   SECTION 7.16.  Subchapter D, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.161 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.161.  ALLOTMENT FOR BASIC COSTS.  (a)  A school  | 
         
         
            | 
                
			 | 
            district is entitled to an annual allotment of $106 for each student  | 
         
         
            | 
                
			 | 
            enrolled in the district. | 
         
         
            | 
                
			 | 
                   (b)  Money allocated under this section may be used only to  | 
         
         
            | 
                
			 | 
            pay costs associated with: | 
         
         
            | 
                
			 | 
                         (1)  transportation; | 
         
         
            | 
                
			 | 
                         (2)  hiring retired teachers; | 
         
         
            | 
                
			 | 
                         (3)  providing health insurance and employee benefits  | 
         
         
            | 
                
			 | 
            and paying for payroll taxes; | 
         
         
            | 
                
			 | 
                         (4)  contributions and other costs under Subchapter E,  | 
         
         
            | 
                
			 | 
            Chapter 825, Government Code; | 
         
         
            | 
                
			 | 
                         (5)  utilities; and | 
         
         
            | 
                
			 | 
                         (6)  property and casualty insurance. | 
         
         
            | 
                
			 | 
                   SECTION 7.17.  Section 48.202, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (a-1) and adding Subsection (e-2) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (a-1)  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: | 
         
         
            | 
                
			 | 
                         (1)  [the greater of the amount of district tax revenue  | 
         
         
            | 
                
			 | 
            per weighted student per cent of tax effort available to a school  | 
         
         
            | 
                
			 | 
            district at the 96th percentile of wealth per weighted student or]  | 
         
         
            | 
                
			 | 
            the amount that results from multiplying the maximum amount of the  | 
         
         
            | 
                
			 | 
            basic allotment provided under Section 48.051 for the applicable  | 
         
         
            | 
                
			 | 
            school year [6,160, or the greater amount provided under Section  | 
         
         
            | 
                
			 | 
            48.051(b), if applicable,] by 0.02084 [0.016], 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)  [subject to Subsection (f),] the amount that  | 
         
         
            | 
                
			 | 
            results from multiplying the maximum amount of the basic allotment  | 
         
         
            | 
                
			 | 
            provided under Section 48.051 for the applicable school year  | 
         
         
            | 
                
			 | 
            [$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)  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 7.18.  Subchapter F, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.2561 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.2561.  GUARANTEED YIELD INCREMENT ADJUSTMENT.  (a)   | 
         
         
            | 
                
			 | 
            Not later than October 1 of each even-numbered year, for the  | 
         
         
            | 
                
			 | 
            subsequent state fiscal biennium, the agency shall determine the  | 
         
         
            | 
                
			 | 
            amount of the guaranteed yield increment adjustment for each state  | 
         
         
            | 
                
			 | 
            fiscal year of the biennium. 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)  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.  This  | 
         
         
            | 
                
			 | 
            subsection expires September 1, 2027. | 
         
         
            | 
                
			 | 
                   SECTION 7.19.  Section 48.266, Education Code, is amended by  | 
         
         
            | 
                
			 | 
            amending Subsection (b) and adding Subsection (b-1) to read as  | 
         
         
            | 
                
			 | 
            follows: | 
         
         
            | 
                
			 | 
                   (b)  Except as provided by this subsection and subject to  | 
         
         
            | 
                
			 | 
            Subsection (b-1), the commissioner shall base the determinations  | 
         
         
            | 
                
			 | 
            under Subsection (a) on the estimates provided to the legislature  | 
         
         
            | 
                
			 | 
            under Section 48.269, or, if the General Appropriations Act  | 
         
         
            | 
                
			 | 
            provides estimates for that purpose, on the estimates provided  | 
         
         
            | 
                
			 | 
            under that Act, for each school district for each school year.  The  | 
         
         
            | 
                
			 | 
            commissioner shall reduce the entitlement of each district that has  | 
         
         
            | 
                
			 | 
            a final taxable value of property for the second year of a state  | 
         
         
            | 
                
			 | 
            fiscal biennium that is higher than the estimate under Section  | 
         
         
            | 
                
			 | 
            48.269 or the General Appropriations Act, as applicable.  A  | 
         
         
            | 
                
			 | 
            reduction under this subsection may not reduce the district's  | 
         
         
            | 
                
			 | 
            entitlement below the amount to which it is entitled at its actual  | 
         
         
            | 
                
			 | 
            taxable value of property. | 
         
         
            | 
                
			 | 
                   (b-1)  Periodically throughout the school year, the  | 
         
         
            | 
                
			 | 
            commissioner shall 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 7.20.  Section 48.283, Education Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.283.  ADDITIONAL STATE AID FOR CERTAIN DISTRICTS  | 
         
         
            | 
                
			 | 
            IMPACTED BY COMPRESSION.  A school district that received an  | 
         
         
            | 
                
			 | 
            adjustment under Section 48.257(b) as that subsection existed on  | 
         
         
            | 
                
			 | 
            September 1, 2024, 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: | 
         
         
            | 
                
			 | 
                         (1)  [the amount to which the district is entitled  | 
         
         
            | 
                
			 | 
            under this chapter for the current school year; and | 
         
         
            | 
                
			 | 
                         [(2)]  the amount of state and local revenue that would  | 
         
         
            | 
                
			 | 
            have been available to [which] the district [would be entitled]  | 
         
         
            | 
                
			 | 
            under this chapter and Chapter 49 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; and | 
         
         
            | 
                
			 | 
                         (2)  the amount of state and local revenue available to  | 
         
         
            | 
                
			 | 
            the district under this chapter and Chapter 49 for the current  | 
         
         
            | 
                
			 | 
            school year. | 
         
         
            | 
                
			 | 
                   SECTION 7.21.  Subchapter F, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.284 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.284.  ADDITIONAL STATE AID FOR REGIONAL INSURANCE  | 
         
         
            | 
                
			 | 
            COST DIFFERENTIALS.  (a)  In this section, "catastrophe area" and  | 
         
         
            | 
                
			 | 
            "first tier coastal county" have the meanings assigned by Section  | 
         
         
            | 
                
			 | 
            2210.003, Insurance Code. | 
         
         
            | 
                
			 | 
                   (b)  This section applies to a school district or  | 
         
         
            | 
                
			 | 
            open-enrollment charter school that has the following property  | 
         
         
            | 
                
			 | 
            located in a first tier coastal county or an area designated in 2024  | 
         
         
            | 
                
			 | 
            as a catastrophe area: | 
         
         
            | 
                
			 | 
                         (1)  the central administrative office of the district  | 
         
         
            | 
                
			 | 
            or school; and | 
         
         
            | 
                
			 | 
                         (2)  a majority of campuses of the district or school. | 
         
         
            | 
                
			 | 
                   (c)  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 80 percent of 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)  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: | 
         
         
            | 
                
			 | 
                         (1)  for a school district, the district's annual  | 
         
         
            | 
                
			 | 
            allotment per student in average daily attendance under that  | 
         
         
            | 
                
			 | 
            section divided by the basic allotment; or | 
         
         
            | 
                
			 | 
                         (2)  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 7.22.  Subchapter F, Chapter 48, Education Code, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 48.285 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 48.285.  ADDITIONAL STATE AID TO ENSURE FUNDING OF  | 
         
         
            | 
                
			 | 
            RETENTION ALLOTMENTS.  (a)  For the 2025-2026 and 2026-2027 school  | 
         
         
            | 
                
			 | 
            years, a school district is entitled to additional state aid each  | 
         
         
            | 
                
			 | 
            year equal to the amount, if the amount is greater than zero, that  | 
         
         
            | 
                
			 | 
            the district is entitled to under Sections 48.158 and 48.1581 less  | 
         
         
            | 
                
			 | 
            the amount that results from subtracting the amount of funding the  | 
         
         
            | 
                
			 | 
            district was entitled to under this chapter and Chapter 49 as those  | 
         
         
            | 
                
			 | 
            chapters existed on September 1, 2024, from the funding the  | 
         
         
            | 
                
			 | 
            district is entitled to under this chapter and Chapter 49 for the  | 
         
         
            | 
                
			 | 
            current year. | 
         
         
            | 
                
			 | 
                   (b)  This section expires September 1, 2028. | 
         
         
            | 
                
			 | 
                   SECTION 7.23.  Section 26.08(n), Tax Code, is amended to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
			 | 
                   (n)  For purposes of this section, the voter-approval tax  | 
         
         
            | 
                
			 | 
            rate of a school district is the sum of the following: | 
         
         
            | 
                
			 | 
                         (1)  the rate per $100 of taxable value that is equal to  | 
         
         
            | 
                
			 | 
            the district's maximum compressed tax rate, as determined under  | 
         
         
            | 
                
			 | 
            Section 48.2551, Education Code, for the current year; | 
         
         
            | 
                
			 | 
                         (2)  the greater of: | 
         
         
            | 
                
			 | 
                               (A)  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]; or | 
         
         
            | 
                
			 | 
                               (B)  the rate of $0.05 per $100 of taxable value;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (3)  the district's current debt rate. | 
         
         
            | 
                
			 | 
                   SECTION 7.24.  The following provisions of the Education  | 
         
         
            | 
                
			 | 
            Code are repealed: | 
         
         
            | 
                
			 | 
                         (1)  Sections 48.104(j-1), (k), (l), (m), (n), and (o);  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  Section 48.202(f). | 
         
         
            | 
                
			 | 
                   SECTION 7.25.  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 7.26.  This article takes effect September 1, 2025. | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
            ______________________________ | 
         
         
            |   | 
               President of the Senate | 
            Speaker of the House      | 
         
         
            |   | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I certify that H.B. No. 2 was passed by the House on April 17,  | 
         
         
            | 
                		
			 | 
            2025, by the following vote:  Yeas 142, Nays 5, 0 present, not  | 
         
         
            | 
                		
			 | 
            voting; and that the House concurred in Senate amendments to H.B.  | 
         
         
            | 
                		
			 | 
            No. 2 on May 29, 2025, by the following vote:  Yeas 122, Nays 13, 1  | 
         
         
            | 
                		
			 | 
            present, not voting. | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________ | 
         
         
            | 
                		
			 | 
            Chief Clerk of the House    | 
         
         
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                   I certify that H.B. No. 2 was passed by the Senate, with  | 
         
         
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            amendments, on May 23, 2025, by the following vote:  Yeas 31, Nays  | 
         
         
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            0. | 
         
         
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             | 
         
         
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            ______________________________ | 
         
         
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            Secretary of the Senate    | 
         
         
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            APPROVED: __________________ | 
         
         
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                            Date        | 
         
         
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              | 
         
         
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                     __________________ | 
         
         
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                          Governor        |