Bill Text: TX HB1751 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the public school educator excellence innovation program.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2013-06-14 - Effective immediately [HB1751 Detail]

Download: Texas-2013-HB1751-Enrolled.html

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H.B. No. 1751

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),
21.451, 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1751 was passed by the House on May 4,
2013, by the following vote: Yeas 133, Nays 5, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1751 on May 24, 2013, by the following vote: Yeas 140, Nays 3,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1751 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor