State Legislators Pre-File Legislation to Support Educators & School Employees: Educator’s Bill of Rights Update

State legislators began pre-filing bills for the upcoming 89th legislative session early last week. We are excited to share that several bills have already been filed advancing key priorities in Texas AFT's Educator's Bill of Rights.

The Educator's Bill of Rights is based on months of workshops held across the state and virtually in which we received vital information directly from our union's members about the experiences and priorities of K-12 and higher education employees. The resulting document represents our legislative priorities.

While some of our priority legislation has yet to be filed, Texas AFT is deeply grateful to the following legislators for prioritizing the interests of educators and school employees in their legislative agenda.

Right to reasonable working conditions

HB 1334: Filed by Rep. Josey Garcia (D-San Antonio), House Bill 1334 introduces important changes to the Texas Education Code to eliminate financial barriers for educators seeking certification in special education or bilingual education. The legislation requires the State Board for Educator Certification (SBEC) to waive all administrative fees for the certification examinations prescribed under state law. Additionally, the board would be responsible for paying any vendor-assessed fees on behalf of examination candidates, with these changes set to take effect Sept. 1, 2025.

This legislation would significantly benefit Texas public schools by removing financial obstacles that prevent qualified candidates from pursuing specialized certifications. By eliminating examination costs, the bill makes it more feasible for current teachers to expand their qualifications and for new educators to enter these high-need teaching areas. Through this investment in public education, school districts can build stronger special education and bilingual education programs, ensuring students who require specialized services have greater access to qualified teachers.

HB 362: Filed by Rep. John Rosenthal (D-Houston), House Bill 362 adds language to the Texas Education Code to establish new requirements for student assignments to teachers in school districts with 5,000 or more students. Under this legislation, students in Grades 1-6 cannot be assigned for two consecutive years to a teacher who both lacks appropriate certification and has less than one year of teaching experience in core curriculum subjects. The only exceptions would be if a parent/guardian and school administrator agree to the assignment, or if it occurs during a student's first year transferring into the district. The Texas education commissioner may grant waivers in extreme circumstances.

This bill strengthens educational quality standards by ensuring elementary students have consistent access to qualified teachers, while still maintaining flexibility through its waiver provision and transfer student exception. The legislation amends the Education Code to include these new student assignment requirements among the list of educational standards that districts cannot seek a waiver from. These changes would take effect in the 2025-2026 school year, with the possibility of immediate implementation if the bill receives two-thirds support in both legislative chambers.

Right to fair wages

HB 237: Filed by Rep. John Bucy (D-Austin), House Bill 237 would provide a significant salary increase for all state employees, including those at institutions of higher education, beginning Sept. 1, 2025. The legislation mandates a $10,000 annual increase to the gross salary of all full-time employees working in state agencies and higher education institutions, with part-time employees receiving a proportional increase based on their work hours. For example, a part-time employee working 20 hours in a 40-hour work week would receive a $5,000 annual increase.

This bill represents a substantial investment in Texas' public workforce, benefiting state agency employees across all departments as well as higher education professionals. Notably, the pay raise does not extend to legislators, board members, or commissioners who receive only per diem or expense reimbursements rather than full-time salaries.

HB 419: Filed by Rep. Terry Meza (D-Irving), House Bill 419 amends the Texas Labor Code to establish a new minimum wage requirement for school bus drivers. The legislation would require qualifying employers to pay school bus drivers - defined as those who transport students to and from school or school-related activities - a minimum of $15 per hour or the federal minimum wage, whichever is greater. This requirement would apply to public school districts with 4,500 or more students, all open-enrollment charter schools, and any mass transit authorities, commercial transportation companies, or juvenile boards that contract with these educational institutions for student transportation services.

This bill represents a significant step toward ensuring fair compensation for essential education personnel who are responsible for student safety and transportation as school districts across the state are experiencing school bus driver shortages. By setting a clear minimum wage standard, the legislation aims to improve working conditions and retention of school bus drivers across Texas when it takes effect on Sept. 1, 2025.

Right to a healthy, safe, and secure working environment

HB 1368: Filed by Rep. Venton Jones (D-Dallas), House Bill 1368 amends the Texas Education Code to establish new transparency requirements for schools regarding essential staff coverage. Having appropriate professional staff - including nurses, counselors, and librarians - is essential for creating safe and effective learning environments. The legislation requires public schools and open-enrollment charter schools with 10,000 or more students to notify parents when they lack a full-time nurse, school counselor, or librarian for more than 30 consecutive instructional days.

The bill outlines specific implementation requirements while providing schools with flexibility in meeting both staffing and notification obligations. Schools can meet the full-time requirement through multiple staff members as long as at least one qualified professional is present during all regular instructional hours. Principals must notify parents within 30 instructional days of a staffing deficiency, allowing notifications to be made either through written notice or website posting. Schools must make good faith efforts to provide bilingual notices when necessary. These requirements would take effect in the 2025-2026 school year, with the possibility of earlier implementation if the bill receives two-thirds legislative support.

Right to academic freedom

HB 393: Filed by Rep. John Bucy (D-Austin), House Bill 393 proposes to repeal the language added to the Texas Education Code in 2023 by Senate Bill 17, the state's so-called "DEI ban" for institutions of higher education. SB 17 prohibited public colleges and universities from maintaining or supporting diversity, equity, and inclusion (DEI) offices, hiring for DEI positions, or requiring DEI statements in hiring.

Any assault on public education is an assault on our freedom as Texans and on our professional duties to educate the next generation of citizens. The state's political intervention in higher education against the manufactured threat of DEI has hurt faculty recruitment efforts, resulted in millions of dollars in lost grant funding, driven the loss of critical and long-standing student services that helped many first-generation students thrive on Texas university campuses, and impacted student organizations and scholarships as institutions across the state have gone further than the law requires in their overcompliance with SB 17. HB 393 would remove these harmful restrictions on Texas public colleges and universities.

The legislation would take effect immediately if it receives two-thirds support in both legislative chambers, or otherwise would become effective Sept. 1, 2025.

Right to organize

HB 1077: Filed by Rep. Lauren Ashley Simmons (D-Houston), House Bill 1077 would fundamentally transform public employee labor rights in Texas by amending multiple sections of the Texas Government Code and repealing the state's prohibition against collective bargaining.

Teachers and school staff currently have little say in how public school campuses are run, and we see the payoff in high turnover rates and instability for students. HB 1077 removes current prohibitions on collective bargaining, allowing state and local government officials to enter into collective bargaining contracts with labor organizations regarding wages, hours, and working conditions. Additionally, it permits officials to formally recognize labor organizations as bargaining agents for public employees.

The bill makes significant changes to strike regulations and employee protections by eliminating penalties for public employees who participate in work stoppages. While maintaining restrictions on organized strikes, the legislation protects an individual's right to cease work when not acting in concert with others. The bill also modifies grievance procedures, allowing public employees to present concerns through representatives who claim the right to strike. These substantial changes to Texas public sector labor law would take effect Sept. 1, 2025, marking a major shift in how public employees can organize and advocate for their interests.

Empowered educators produce engaged students. The working conditions for educators are children's learning conditions. If educators have a voice in their workplace, free from fear of retaliation, they can negotiate and win better working and learning environments - the same right their fellow public employees, firefighters and police officers, already have codified in Texas state law.

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