By: Patrick, Allen, Ratliff, Villalba,	H.B. No. 1751
	Aycock

	A BILL TO BE ENTITLED
	AN ACT
	relating to the public school educator excellence innovation
	program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter O, Chapter 21,
	Education Code, is amended to read as follows:
	SUBCHAPTER O. EDUCATOR EXCELLENCE INNOVATION [AWARDS] PROGRAM
	SECTION 2.  Section 21.701, Education Code, is amended to
	read as follows:
	Sec. 21.701.  DEFINITION. In this subchapter, "program"
	means the educator excellence innovation [awards] program.
	SECTION 3.  Subchapter O, Chapter 21, Education Code, is
	amended by adding Section 21.7011 to read as follows:
	Sec. 21.7011.  PURPOSES. The purposes of the educator
	excellence innovation program are to:
	(1)  systemically transform:
	(A)  educator quality and effectiveness through
	improved and innovative school district-level recruitment,
	preparation, hiring, induction, evaluation, professional
	development, strategic compensation, career pathways, and
	retention; and
	(B)  district administrative practices to improve
	quality, effectiveness, and efficiency; and
	(2)  use the enhanced educator and administrative
	quality and effectiveness to improve student learning and student
	academic performance, especially the learning and academic
	performance of students enrolled in districts that:
	(A)  receive federal funding under Title I of the
	Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
	6301 et seq.); and
	(B)  have at a majority of district campuses a
	student enrollment of which at least 50 percent is educationally
	disadvantaged.
	SECTION 4.  The heading to Section 21.702, Education Code,
	is amended to read as follows:
	Sec. 21.702.  EDUCATOR EXCELLENCE INNOVATION [AWARDS]
	PROGRAM.
	SECTION 5.  Sections 21.702(a) and (b), Education Code, are
	amended to read as follows:
	(a)  The commissioner by rule shall establish the [an
	educator excellence awards] program under which school districts,
	in accordance with local educator excellence innovation [awards]
	plans approved by the commissioner, receive competitive program
	grants from the agency for carrying out the purposes of the program
	as described [purpose of providing awards to district employees in
	the manner provided] by Section 21.7011 [21.705].
	(b)  In establishing the program, the commissioner shall
	adopt program guidelines in accordance with this subchapter for a
	school district to follow in developing a local educator excellence
	innovation [awards] plan under Section 21.704.
	SECTION 6.  Section 21.703, Education Code, is amended to
	read as follows:
	Sec. 21.703.  EDUCATOR EXCELLENCE INNOVATION FUND; AMOUNT OF
	GRANT AWARD. (a) Each state fiscal year, the commissioner shall
	deposit an amount determined by the General Appropriations Act to
	the credit of the educator excellence innovation fund in the
	general revenue fund.  Each state fiscal year, the agency shall use
	money [funds] in the educator excellence innovation fund to provide
	each [a qualifying] school district approved on a competitive basis
	under this subchapter with a grant in an amount determined by the
	agency in accordance with commissioner rule[:
	[(1)     dividing the amount of money available for
	distribution in the educator excellence fund by the total number of
	students in average daily attendance in qualifying districts for
	that fiscal year; and
	[(2)     multiplying the amount determined under
	Subdivision (1) by the number of students in average daily
	attendance in the district].
	(b)  Not later than April 1 of each state fiscal year, the
	agency shall provide written notice to each school district that
	will be provided a grant under this section that the district will
	be provided the grant and the amount of that grant.
	SECTION 7.  Section 21.704, Education Code, is amended to
	read as follows:
	Sec. 21.704.  LOCAL EDUCATOR EXCELLENCE INNOVATION [AWARDS]
	PLANS. (a) In [A district-level committee for] a school district
	that intends to participate in the program, [such as] the
	district-level planning and decision-making committee established
	under Subchapter F, Chapter 11, shall develop a local educator
	excellence innovation [awards] plan for the district.  The local
	educator excellence innovation [awards] plan may provide for all
	campuses in the district to participate in the program or only
	certain campuses selected by the district-level committee.  [A
	majority of classroom teachers assigned to a campus that is
	selected by the district-level committee to participate in the
	program must approve participation to be included in the local
	awards plan.]
	(c)  A school district must [shall] submit a local educator
	excellence innovation [awards] plan to the agency for approval.
	[The plan must be submitted together with evidence of significant
	teacher involvement in the development of the plan.]
	(c-1)  A local educator excellence innovation [awards] plan
	must be designed to carry out each purpose of the program as
	described by Section 21.7011 [provide for teachers and principals
	eligible to receive awards under the plan to be notified of the
	specific criteria and any formulas on which the awards will be based
	before the beginning of the period on which the awards will be
	based].
	(d)  The agency may approve only a local educator excellence
	innovation [awards] plan that meets program guidelines adopted by
	the commissioner under Section 21.702 and that satisfies this
	section and Section 21.706 [21.705]. From among the local educator
	excellence innovation plans submitted and depending on the amount
	of money available for distribution in the educator excellence
	innovation fund, the agency shall approve plans that most
	comprehensively and innovatively address the purposes of the
	program as described by Section 21.7011 so that the effectiveness
	of various plans in achieving those purposes can be compared and
	evaluated.
	(e)  [The agency shall make model local awards plans
	available to school districts that wish to participate in the
	program.
	[(f)]  A school district whose local educator excellence
	innovation [awards] plan is approved by the agency to receive a
	program grant under this subchapter may renew the plan for three
	consecutive school years without resubmitting the plan to the
	agency for approval.  A school district may amend a local educator
	excellence innovation [awards] plan for approval by the agency for
	each school year the district receives a program grant.
	SECTION 8.  Subchapter O, Chapter 21, Education Code, is
	amended by adding Sections 21.706 and 21.7061 to read as follows:
	Sec. 21.706.  INNOVATION PLAN PAYMENTS; AUTHORIZED GENERAL
	AND SPECIFIC USES.  A school district may use grant funds awarded to
	the district under this subchapter only to carry out purposes of the
	program as described by Section 21.7011, in accordance with the
	district's local educator excellence innovation plan, which may
	include the following specific methods or procedures:
	(1)  implementation and administration of a
	high-quality mentoring program for teachers in a teacher's first
	three years of classroom teaching using mentors who meet the
	qualifications prescribed by Section 21.458(b);
	(2)  implementation of a teacher evaluation system
	using multiple measures that include:
	(A)  the results of classroom observation, which
	may include student comments;
	(B)  the degree of student educational growth and
	learning; and
	(C)  the results of teacher self-evaluation;
	(3)  to the extent permitted under Subchapter C,
	Chapter 25, restructuring of the school day or school year to
	provide for embedded and collaborative learning communities for the
	purpose of professional development;
	(4)  establishment of an alternative teacher
	compensation or retention system; and
	(5)  implementation of incentives designed to reduce
	teacher turnover.
	Sec. 21.7061.  IMPLEMENTATION FLEXIBILITY. (a)
	Notwithstanding any other provision of this code and subject to
	Subsection (b), a school district may apply to the commissioner in
	writing in accordance with commissioner rule for a waiver to exempt
	the district or one or more district campuses from Section
	21.352(a)(2)(B), 21.353, 21.354(d), 21.3541(g), 21.402, 21.451, or
	21.458, as specified in the waiver application. The district's
	application for a waiver under this section must demonstrate that
	the waiver is necessary to carry out purposes of the program as
	described by Section 21.7011, in accordance with the district's
	local educator excellence innovation plan.
	(b)  Before an application for a waiver is submitted to the
	commissioner under Subsection (a), the application specifying the
	provision for which the waiver is sought must be approved by a vote
	of:
	(1)  a majority of the members of the school district
	board of trustees; and
	(2)  a majority of the educators employed at each
	campus for which the waiver is sought.
	(b-1)  Voting for purposes of Subsection (b) must be
	conducted:
	(1)  in accordance with commissioner rule;
	(2)  during the school year; and
	(3)  in a manner that ensures that all educators
	entitled to vote have a reasonable opportunity to participate in
	the voting.
	(c)  The commissioner shall grant or deny an application
	under this section based on standards adopted by commissioner rule.
	The commissioner shall notify in writing each district that applies
	for a waiver under this section whether the application has been
	granted or denied not later than April 1 of the year in which the
	application is submitted.
	(d)  Neither the board of trustees of a school district nor
	the district superintendent may compel a waiver of rights under
	this section.
	(e)  A waiver granted under this section expires when the
	waiver is no longer necessary to carry out the purposes of the
	program as described by Section 21.7011, in accordance with the
	district's local educator excellence innovation plan.
	SECTION 9.  Section 21.705, Education Code, is repealed.
	SECTION 10.  This Act applies beginning with the 2014-2015
	school year.
	SECTION 11.  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, 2013.