HB 4146

relating to the rights of public school educators and assistance
provided to public schools by the Texas Education Agency related to
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 11.1513, Education Code, is amended by
adding Subsection (l) to read as follows:
(l)  The employment policy must provide that:
(1)  before the beginning of each school year, the
district shall provide a duty calendar for certain professional
staff as required by Section 11.15131; and
(2)  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 as provided by the district's duty calendar
adopted under Section 11.15131.
SECTION 2.  Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.15131 to read as follows:
Sec. 11.15131.  DUTY CALENDAR FOR CERTAIN PROFESSIONAL
STAFF.  (a)  In this section, "supplemental duty" means a duty other
than a duty assigned under an employee's contract that is generally
expected to be performed during an instructional day and which may
be governed by an agreement, other than the employee's contract,
between the district and the employee.
(b)  Not later than the 15th day before the first
instructional day of each school year, the board of trustees of a
school district shall adopt and provide to each classroom teacher,
full-time counselor, and full-time librarian employed by the
district a calendar that specifies the days each employee is
expected to work for that school year, including the days on which
the employee is expected to perform supplemental duties for more
than 30 minutes outside of the instructional day, and except for
days on which the employee may be required to spend time on an
unanticipated duty outside of the instructional day to comply with
SECTION 3.  Section 21.105, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
(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:
(2)  fails without good cause to comply with Subsection
(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
(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;
(3)  a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(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
SECTION 4.  Section 21.160, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
(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:
(2)  fails without good cause to comply with Subsection
(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
(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;
(3)  a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(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
SECTION 5.  Section 21.210, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
(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:
(2)  fails without good cause to comply with Subsection
(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
(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;
(3)  a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(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
SECTION 6.  Section 21.257, Education Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
(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
(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 7.  Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.416 to read as follows:
Sec. 21.416.  EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
PROGRAM.  (a)  From money appropriated or otherwise available, the
commissioner shall establish and administer a grant program to
award money to reimburse a school district, an open-enrollment
charter school, the Windham School District, the Texas School for
the Deaf, or the Texas School for the Blind and Visually Impaired
that hires a teacher who retired before September 1, 2024, for the
increased contributions to the Teacher Retirement System
associated with hiring the retired teacher.
(b)  In appropriating money for grants awarded under this
section, the legislature may provide for, modify, or limit amounts
appropriated for that purpose in the General Appropriations Act,
(1)  providing, notwithstanding Subsection (a), a date
or date range other than September 1, 2024, before which a teacher
must have retired for a school district, an open-enrollment charter
school, the Windham School District, the Texas School for the Deaf,
or the Texas School for the Blind and Visually Impaired that hires
(2)  limiting eligibility to a district or school
described by Subdivision (1) that hires a retired teacher:
(A)  who holds a certain certification;
(B)  to teach a certain subject or grade;
(C)  in a certain geographical area; or
(D)  to provide instruction to certain students,
including to students with disabilities.
(c)  The commissioner shall proportionally reduce the amount
of money awarded to school districts, open-enrollment charter
schools, the Windham School District, the Texas School for the
Deaf, and the Texas School for the Blind and Visually Impaired under
this section if the number of grant applications by eligible
districts or schools exceeds the number of grants the commissioner
could award with the money appropriated or otherwise available for
(d)  A school district, an open-enrollment charter school,
the Windham School District, the Texas School for the Deaf, or the
Texas School for the Blind and Visually Impaired may use money
received under this section to make required payments under Section
SECTION 8.  Subchapter J, Chapter 21, Education Code, is
amended by adding Sections 21.466, 21.467, and 21.468 to read as
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
opportunities, and staff retention;
(2)  programs that encourage high school students or
other members of the community in the area served by the district to
become teachers, including available teacher apprenticeship
(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
Sec. 21.467.  TEACHER TIME STUDY.  (a)  From money
appropriated or otherwise available for the purpose, the agency
shall develop and maintain a technical assistance program to
support school districts and open-enrollment charter schools in:
(1)  studying how the district's or school's staff and
student schedules, required noninstructional duties for classroom
teachers, and professional development requirements for educators
are affecting the amount of time classroom teachers work each week;
(2)  refining the schedules for students or staff as
necessary to ensure teachers have sufficient time during normal
work hours to fulfill all job duties, including addressing the
(b)  The agency shall periodically make findings and
recommendations for best practices publicly available using
information from participating school districts and
open-enrollment charter schools.
Sec. 21.468.  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 9.  Section 37.002, Education Code, is amended by
amending Subsections (b), (c), and (d) and adding Subsections
(b-2), (e-1), and (f) to read as follows:
(b)  A teacher may remove from class a student who:
(1)  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
(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
(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.  The principal may not
return the student to that teacher's class, regardless of the
teacher's consent, until 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.
(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.  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
(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.
(f)  Section 37.004 applies to the removal or placement under
this section of a student with a disability who receives special
SECTION 10.  The following provisions are repealed:
(1)  Section 37.002(e), Education Code; and
(2)  Section 825.4092(f), Government Code.
SECTION 11.  Section 21.257(f), Education Code, as added by
this Act, applies only to a hearing before a hearing examiner
commenced on or after the effective date of this Act.
SECTION 12.  This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.