Blogs

A Transformative Legislative Session

Although HB 2 is a funding bill, it is not without demands of the public school system. The bill ultimately contained the language of several other bills that did not pass on their own, such as teacher pay raise and certification legislation. Also embedded within the bill is $648 million to implement the required changes of early mathematics and literacy reforms, such as mathematics achievement academies and required tutoring for K-2 students.

HB 2 also includes the following:

• $4 billion for teacher compensation
• $500 million for non-administrative, non-teaching staff
• $1.3 billion for a fixed cost allotment to help districts offset rising expenses for transportation, utilities, and employee benefits.
• $430 million to strengthen campus safety, increasing per-student and per-campus safety allotments.
• $318 million to bolster small and mid-size school funding.
• $187 million to accelerate teacher certification, with all foundation course instructors required to be certified by the 2029-30 school year.
• $55 increase to the basic allotment through the golden penny yield and future adjustments tied to local property value growth.

HB 2 was signed by the Governor on Wednesday, June 4.

Education Savings Accounts

SB 2 was passed relatively early in session. The bill creates an education savings account (ESA) program for Texas that will become effective Sept. 1, 2025 and apply with the 2026-2027 school year. SB 2 provides funds to families to attend private schools or homeschool, up to a total ESA expense of $1 billion over the biennium.

For students without disabilities, the amount of financing will equal 85% of the estimated statewide average of state and local funding per student in average daily attendance. For students with disabilities, the child will receive the sum of the statewide average above plus the amount their prior district would have received through the special education allotment, up to a maximum of $30,000. Homeschool students can only receive up to $2,000.

TCASE advocated for clearer language in the “Individualized Education Program” section of the bill, which requires school districts to provide TEA with information about students who were evaluated by the school district but have no intent to enroll. Under the bill, school districts are not required to write an IEP for children who are evaluated for special education. Instead, TCASE’s understanding is that districts will be required to fill out a “checklist” of services that TEA can use to determine the child’s ESA amount.

Proposed rules to implement this troubling section of SB 2 will likely not be released until after the bill’s effective date of Sept. 1.

Student Discipline

A major teacher-focused priority of the session, HB 6 makes it easier for schools to remove disruptive students. A key provision of the bill is a more lenient Chapter 37 teacher removal provision that allows teachers to remove students who repeatedly interfere with the teacher’s ability to teach and those who, even in a single instance, demonstrate behavior that is unruly, disruptive, or abusive towards others. 

The bill also expands out-of-school suspension for pre-K-2 students by adding the applicable offenses of conduct that threatens the immediate health and safety of others in the classroom and documented conduct that results in repeated or significant disruption to the classroom. 

A key sticking point for lawmakers on HB 6 was the issue of mandatory disciplinary alternative education programs (DAEP) for e-cigarettes. Lawmakers eventually agreed that, although the bill removes the ability of districts to use District of Innovation plans to opt out of Chapter 37, mandatory DAEP for e-cigarettes should be at the discretion of the school district for first-time offenders. HB 6 also lifts the limit on in-school suspension. HB 6 has been sent to the Governor.

Administrator Moonlighting

HB 3372 repeals current law that prohibits superintendents from engaging in self-dealing but allows for a board-approval process for superintendents to engage in other paid work for other districts and schools. In its place, HB 3372 creates a new law that extends paid work prohibitions to all administrators, as defined by the bill to be “a person who has significant administrative duties relating to the operation of a school district, including the operation of a campus, program, or other subdivision of the district.” 

TCASE successfully worked with legislators to amend the bill to allow for a board-approval process for an administrator’s paid work (or other “financial benefit”) for education businesses and other school districts, charters, or service centers. However, members of a board of managers (e.g. Houston ISD board of managers), superintendents, and assistant superintendents (which is not defined) are restricted from using this process and are therefore under an all-out ban. 

NO administrator is allowed under the bill to receive a financial benefit for personal services conducted for any business entity that conducts or solicits business with the school district that employs the administrator. HB 3372 has been sent to the Governor.

Parental Rights

SB 12 has a variety of provisions, including prohibiting diversity, equity, and inclusion-related training, programs, and activities unless required by federal or state law, such as significant disproportionality requirements. The final version of the bill did not include open-transfer provisions that were in the original bill, which would have allowed any student to transfer to any other school district in the state. However, under the bill, districts will report new information to the Texas Education Agency about land and facility use. 

The meatiest part of the bill beefs up the school district grievance process and ultimately requires superintendents to appear before the State Board of Education if the commissioner finds fault against their district in at least five grievances. 

SB 12 specifically prohibits student clubs that are based on sexual orientation or gender identity, and requires parent consent for any students to participate in clubs. SB 12 applies with the 2025-2026 school year and will be effective Sept. 1, 2025 pending Governor Abbott’s signature.

Library Books

SB 13 allows parents to challenge library content. If at least 50 parents or 10 percent of a district’s parents sign a petition, the school board may assign the review process to a local advisory council. The bill also prohibits schools from keeping materials that include indecent or profane content. SB 13 applies with the 2025-2026 school year and will be effective Sept. 1 pending Gov. Abbott’s signature.

Sexual Misconduct

HB 4623 makes school districts liable for any professional employee who engages in sexual misconduct or failure to report suspected child abuse or neglect, if the school district is grossly negligent or reckless or engages in intentional misconduct in hiring, supervising, or employing that employee. The definition of a professional school employee includes nearly everyone in a school, even student teachers, contracted professionals, and trustees.

The measure allows courts to award up to $500,000 in damages for each claimant and waives school district immunity to suit. The bill takes effect Sept. 1, 2025, and applies to incidents that occur on or after that date.

Safety for Students with Disabilities

SB 57 would have required accommodations to be included within Individualized Education Program (IEP) and Section 504 plans. Working with the bill author, TCASE advocated for the accommodations to instead be within district multi hazard emergency operations plans.

The Texas Education Agency is tasked with developing guidelines by December 1, 2025, to assist schools in implementing these requirements. Pending a signature by Governor Abbott, SB 57 will take effect in the 2026–2027 academic year.

Cell Phone Ban

HB 1481 requires school districts to adopt and implement a policy prohibiting the use of “personal wireless communication devices” while on school property during the school day. Districts have the option of prohibiting students from bringing devices or designating a storage method for devices while students are on campus. 

The definition for devices includes cell phones (even flip phones) smartwatches, and any other electronic device capable of telecommunication or digital communication. The law includes exceptions for students with disabilities who require assistive technology as part of their individualized education programs (IEPs) or 504 plans. 

HB 1481 gives school districts 90 days from the effective date, which will be as soon as the governor signs the bill, to adopt a policy. Therefore, most districts will likely make a policy change this summer.

Teacher Retention Commission

HB 2243 establishes the Texas Commission on Teacher Job Satisfaction and Retention. The commission is tasked with studying factors contributing to teacher turnover and recommending strategies to improve job satisfaction and retention rates across the state.

The 13-member commission will include appointees from the governor, lieutenant governor, and House speaker, representing educators, administrators, and legislators. Its mandate includes examining issues such as compensation, workload, administrative support, and the impact of state and federal education policies on teacher morale. The commission is required to submit a report with its findings and recommendations to state leadership by December 31, 2026.

If signed into law, the commission will begin its work in the upcoming months.

Religion in Schools

Schools will be required to post a framed copy or poster of the Ten Commandments if the materials are privately donated with the passage of SB 10. Districts are not required to purchase them but must accept and display the items if offered. SB 10 applies with the 2025-2026 school year and is effective Sept. 1 pending the governor’s signature.

SB 11 allows school boards to adopt policies providing time for voluntary religious expression during the school day. If Governor Abbott signs SB 11, the bill will go into effect Sept. 1 and apply with the 2025-2026 school year. By March 1, 2026, school boards are required to have taken a record vote on whether to adopt a resolution allowing for a period of prayer.

Policy Proposals That Died

The nearly $1 billion in potential SHARS funding, originally included in the supplemental appropriations bill, HB 500, was removed by the Texas Senate. The Senate cited HB 2 as plenty of funding to fill in SHARS-related gaps. 

HB 4, which would have swapped the State of Texas Assessments of Academic Readiness (STAAR) test for shorter norm-referenced tests, failed to progress past a conference committee. The House and Senate ultimately could not agree on the value of norm-referenced over criterion-referenced tests.

HB 3312 would have increased the retention period for video recordings in Texas schools from three to 12 months, among other changes. The bill did not meet Texas House deadlines for advancement.

SB 111 would have required school districts to post on their websites and send to the Texas Education Agency the amount of legal fees accrued for each special education due process. The bill never received a hearing in the Texas House.

HB 1813 would have required training and ethics for non-attorney representatives in due process cases against school districts. The bill did not receive a hearing in the Senate.

HB 111 would have broadened the scope of the state's Public Information Act by expanding the definition of "governmental body" to include certain nonprofit entities and private organizations that receive public funding or perform governmental functions. This would have posed a large administrative burden on nonprofits like TCASE, as well as a lot of other types of businesses that receive funding from organizations or individuals that are taxpayer funded. 

SB 784 would have required school districts to accept transfers of children of peace officers. TCASE expressed concern about a lack of clarity on specialized transportation for students with disabilities under the bill. The bill did not meet deadlines in the Texas House.

HB 5019 would have significantly expanded the control of the Texas Education Agency over school board trustee training. TCASE expressed concerns with the bill’s overreach and its potential to be a slippery slope towards controlling professional development offered by associations. The bill did not advance from the House Public Education Committee.

What’s Next?

The Texas Education Agency (TEA) is likely already triaging a list of bills that require rulemaking, putting the most urgent and immediately effective bills first on the list. 

Over the next several months and into the coming year, TCASE will monitor and comment on all relevant rulemaking proposals. How agencies interpret and fill in the gaps of legislation can be just as important as the bill itself. 

TCASE will also heavily engage with TEA to work through the implementation of the new special education funding system. And, while the work of legislators slows down over the interim, policy work and relationship-building does not stop. 

During the interim, the Lieutenant Governor and House Speaker will each release interim charges. These charges dictate the focus of interim hearings, which lead to interim reports by each committee directed at the next legislature to set the stage for bills to come. 

As always, TCASE will compile a comprehensive bill roundup document in July that will be made available to members and will continuously be updated with rulemaking and other information. There will also be more unpacking of bills passed by policy specialists, attorneys and agency officials at Interactive 2025 in July. 

Budget Plan Could Reshape SpEd Funding