Rosenthal Bill’s Uncertified Teacher Limit Ends After Year One

The text as introduced · 561 words

89R2461 AMF-F

By: Rosenthal
H.B. No. 362

A BILL TO BE ENTITLED

AN ACT

relating to the assignment of public school students enrolled in

certain school districts to an uncertified teacher.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 7.056(e), Education Code, is amended to

read as follows:

(e) Except as provided by Subsection (f), a school campus or

district may not receive an exemption or waiver under this section

from:

(1) a prohibition on conduct that constitutes a

criminal offense;

(2) a requirement imposed by federal law or rule,

including a requirement for special education or bilingual

education programs; or

(3) a requirement, restriction, or prohibition

relating to:

(A) essential knowledge or skills under Section

28.002 or high school graduation requirements under Section 28.025;

(B) public school accountability as provided by

Subchapters B, C, D, and J, Chapter 39, and Chapter 39A;

(C) extracurricular activities under Section

33.081 or participation in a University Interscholastic League

area, regional, or state competition under Section 33.0812;

(D) health and safety under Chapter 38;

(E) purchasing under Subchapter B, Chapter 44;

(F) elementary school class size limits, except

as provided by Section 25.112;

(G) removal of a disruptive student from the

classroom under Subchapter A, Chapter 37;

(H) at-risk programs under Subchapter C, Chapter

29;

(I) prekindergarten programs under Subchapter E,

Chapter 29;

(J) educator rights and benefits under

Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter

A, Chapter 22;

(K) special education programs under Subchapter

A, Chapter 29;

(L) bilingual education programs under

Subchapter B, Chapter 29; [ or ]

(M) the requirements for the first day of

instruction under Section 25.0811 ; or

(N) assignment of a student to a teacher under

Section 28.0215, except as provided by Subsection (c) of that

section .

SECTION 2. Subchapter B, Chapter 28, Education Code, is

amended by adding Section 28.0215 to read as follows:

Sec. 28.0215. REQUIREMENTS FOR ASSIGNMENT OF STUDENTS TO

TEACHERS. (a) This section applies only to a school district with

an enrollment of 5,000 or more students.

(b) A student in first through sixth grade who attends an

elementary school may not be assigned for two consecutive school

years to a teacher teaching a subject in the foundation curriculum

under Section 28.002(a)(1) who has less than one year of teaching

experience and who does not hold the appropriate certificate

required under Section 21.003 unless:

(1) the student's parent or other person standing in

parental relation to the student and a school counselor or school

administrator agree otherwise regarding assignment of the student

to the teacher; or

(2) the assignment of the student to the teacher

occurs during the first year a student transfers into a school

district.

(c) The commissioner may grant a waiver from the

requirements of this section to a school district if the

commissioner finds that extreme circumstances in the district

warrant the waiver. The commissioner may adopt rules as necessary

to implement this section.

SECTION 3. This Act applies beginning with the 2025-2026

school year.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.