By: Villalba	H.B. No. 2977

	A BILL TO BE ENTITLED
	AN ACT
	relating to the evaluation of public school teachers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 21.351, Education Code,
	is amended to read as follows:
	Sec. 21.351.  TEACHER EVALUATION FRAMEWORK [RECOMMENDED
	APPRAISAL PROCESS AND PERFORMANCE CRITERIA].
	SECTION 2.  Section 21.351, Education Code, is amended by
	amending Subsections (a), (b), and (d) and by adding Subsections
	(e)-(h) to read as follows:
	(a)  The commissioner shall adopt a teacher evaluation
	framework that includes a recommended appraisal process and
	criteria on which to appraise the performance of teachers. The
	criteria must be based on objective measures of teaching
	performance [observable, job related behavior], including:
	(1)  teachers' implementation of discipline management
	procedures; and
	(2)  objective measures of teaching performance as
	required by Subsection (e) [the performance of teachers' students].
	(b)  The commissioner shall solicit and consider the advice
	of teachers and other affected stakeholders in developing the
	teacher evaluation framework, recommended appraisal process, and
	performance criteria.
	(d)  Under the teacher evaluation framework and recommended
	appraisal process, appraisal for teachers must be detailed by
	category of professional skill and characteristic [and must provide
	for separate ratings for each category]. The appraisal process
	shall guarantee a conference between the teacher and the appraiser.
	The conference shall be diagnostic and prescriptive with regard to
	remediation needed in overall performance and by category.
	(e)  The teacher evaluation framework must incorporate the
	following:
	(1)  teaching standards that articulate expected
	teacher knowledge, understanding, skill, and practice to ensure
	student achievement and growth;
	(2)  professional context data based on teaching and
	learning conditions at the school;
	(3)  multiple evaluation measures, including measures
	based on student achievement and growth, classroom observations,
	and professional engagement and growth; and
	(4)  expectations regarding use of evaluations to
	inform individualized professional development plans.
	(f)  The objective measures of teaching performance under
	Subsection (e) shall be based on student learning, with objective
	measures of student achievement and growth comprising no less than
	the minimum percentage of the evaluation prescribed by commissioner
	rule.
	(g)  Student achievement and growth shall be required as
	necessary, but not sufficient, bases for determining effective
	teaching under Subsection (e).
	(h)  Decisions regarding teacher employment and advancement
	shall be based on evaluations from multiple, consecutive years if
	available.
	(i)  The commissioner shall:
	(1)  review school district practice under the teacher
	evaluation framework, including the use of objective measures of
	teaching performance; and
	(2)  consult teachers and other affected stakeholders
	to review and revise the teacher evaluation framework as needed but
	at least every five years.
	SECTION 3.  Sections 21.352(a) and (c), Education Code, are
	amended to read as follows:
	(a)  In appraising teachers, each school district shall
	use:
	(1)  the appraisal process and performance criteria
	developed by the commissioner in conformance with the teacher
	evaluation framework required by Section 21.351; or
	(2)  an appraisal process and performance criteria:
	(A) developed by the district- and campus-level
	committees established under Section 11.251;
	(B)  containing the items described by Sections
	21.351 (a) (1) and (2); and
	(C)  adopted by the board of trustees.
	(c)  Appraisal [Except as otherwise provided by this
	subsection, appraisal] must be done at least once during each
	school year[.   A teacher may be appraised less frequently if   the
	teacher agrees in writing and the teacher's most recent evaluation
	rated the teacher as at least proficient, or the equivalent, and did
	not identify any area of deficiency. A teacher who is appraised less
	frequently than annually must be appraised at least once during
	each period of five school years]. The district shall maintain a
	written copy of the evaluation of each teacher's performance in the
	teacher's personnel file. Each teacher is entitled to receive a
	written copy of the evaluation on its completion. After receiving a
	written copy of the evaluation, a teacher is entitled to a second
	appraisal by a different appraiser or to submit a written rebuttal
	to the evaluation to be attached to the evaluation in the teacher's
	personnel file. The evaluation and any rebuttal may be given to
	another school district at which the teacher has applied for
	employment at the request of that district.
	SECTION 4.  The changes in law made by this Act apply
	beginning with the 2013-2014 school year.
	SECTION 5.  The changes in law made by this Act supersede any
	other law to the extent of a conflict.
	SECTION 6. 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.