Bill Text: TX SB1403 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to public school teachers.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2013-05-21 - Placed on General State Calendar [SB1403 Detail]

Download: Texas-2013-SB1403-Introduced.html

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83R6596 KKA-D
By: Patrick, Hancock, Seliger S.B. No. 1403

A BILL TO BE ENTITLED
AN ACT
relating to public school teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.044, Education Code, as amended by
Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd
Legislature, Regular Session, 2011, is reenacted and amended to
read as follows:
Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall
propose rules establishing the training requirements a person must
accomplish to obtain a certificate, enter an internship, or enter
an induction-year program. The board shall specify the minimum
academic qualifications required for a certificate.
(b) Any minimum academic qualifications for a certificate
specified under Subsection (a) that require a person to possess a
bachelor's degree must also require that the person receive, as
part of the curriculum for that degree, instruction in detection
and education of students with dyslexia. This subsection does not
apply to a person who obtains a certificate through an alternative
certification program adopted under Section 21.049.
(c) The instruction under Subsection (b) must:
(1) be developed by a panel of experts in the diagnosis
and treatment of dyslexia who are:
(A) employed by institutions of higher
education; and
(B) approved by the board; and
(2) include information on:
(A) characteristics of dyslexia;
(B) identification of dyslexia; and
(C) effective, multisensory strategies for
teaching students with dyslexia.
(d) [(b)] In proposing rules under this section, the board
shall specify that to obtain a certificate to teach an "applied STEM
course," as that term is defined by Section 28.027, at a secondary
school, a person must:
(1) pass the certification test administered by the
recognized national or international business and industry group
that created the curriculum the applied STEM course is based on; and
(2) have at a minimum:
(A) an associate degree from an accredited
institution of higher education; and
(B) three years of work experience in an
occupation for which the applied STEM course is intended to prepare
the student.
(e) Each educator preparation program must provide
information regarding:
(1) the skills that educators are required to possess,
the responsibilities that educators are required to accept, and the
high expectations for students in this state;
(2) the effect of supply and demand forces on the
educator workforce in this state;
(3) the performance over time of the educator
preparation program;
(4) the importance of building strong classroom
management skills; and
(5) the framework in this state for teacher and
principal evaluation, including the procedures followed in
accordance with Subchapter H.
SECTION 2. Section 21.048, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board shall propose rules prescribing comprehensive
examinations for each class of certificate issued by the board. The
board shall determine the satisfactory level of performance
required for each certification examination. For the issuance of a
generalist certificate, the board shall require a satisfactory
level of examination performance in each core subject covered by
the examination.
(a-1) The board may not require that more than 45 days
elapse before a person may retake an examination.
SECTION 3. Section 21.049, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The rules must provide that a person is not eligible
for admission to an alternative educator preparation program unless
the person:
(1) satisfies minimum grade point average
requirements prescribed by the board and equivalent to the
requirements applicable to admission to a traditional educator
preparation program; and
(2) has completed at least 18 credit hours, or a
greater amount as prescribed by the board, in the subject area for
which the person seeks certification.
SECTION 4. Section 21.351, Education Code, is amended to
read as follows:
Sec. 21.351. RECOMMENDED APPRAISAL FRAMEWORK, PROCESSES,
[PROCESS] AND PERFORMANCE CRITERIA. (a) The commissioner shall
adopt a recommended appraisal framework for evaluating the
performance of teachers. The framework must [process and criteria
on which to appraise the performance of teachers. The criteria must
be based on observable, job-related behavior, including]:
(1) include standards for teaching practice, context
for teacher evaluations, and teacher-evaluation components and
process [teachers' implementation of discipline management
procedures]; [and]
(2) identify the required elements for any teacher
evaluation system used in this state;
(3) be grounded on the principle that the primary goal
of a high-quality evaluation system is to assess and improve
teaching and learning, resulting in higher student performance; and
(4) require evaluations to be based on multiple
measures within each component that are easily understood,
transparent, job-related, and observable [the performance of
teachers' students].
(a-1) In a manner consistent with the framework required
under Subsection (a), the commissioner shall develop a variety of
recommended appraisal processes and performance criteria.
(b) The commissioner shall solicit and consider the advice
of teachers in developing the recommended appraisal framework,
processes, [process] and performance criteria.
(c) Under a [the] recommended appraisal process, an
appraiser must be the teacher's supervisor or a person approved by
the board of trustees. An appraiser who is a classroom teacher may
not appraise the performance of another classroom teacher who
teaches at the same school campus at which the appraiser teaches,
unless it is impractical because of the number of campuses or unless
the appraiser is the chair of a department or grade level whose job
description includes classroom observation responsibilities.
(d) Under a [the] 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.
SECTION 5. Section 21.352, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (c-1),
(c-2), (e), and (f) to read as follows:
(a) In appraising teachers, each school district shall use:
(1) an [the] appraisal process and performance
criteria recommended [developed] by the commissioner; 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 elements identified under
Section 21.351(a)(2) and multiple measures within each component of
evaluation [items described by Sections 21.351(a)(1) and (2)]; and
(C) adopted by the board of trustees.
(c) Except as otherwise provided by this subsection,
appraisal must be done at least once during each school year. An
experienced [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. An experienced [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 promptly 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.
(c-1) In addition to conducting a complete appraisal as
frequently as required by Subsection (c), a school district shall
require that appropriate components of the appraisal process, such
as classroom observations and walk-throughs, occur more frequently
as necessary to ensure that a teacher receives adequate evaluation
and guidance. A school district shall give priority to conducting
appropriate components more frequently for inexperienced teachers
or experienced teachers with identified areas of deficiency.
(c-2) The board of trustees shall adopt a policy regarding
the number of years that a teacher must have provided instruction to
students to be considered an experienced teacher for purposes of
Subsections (c) and (c-1).
(e) A district shall use a teacher's consecutive appraisals
from more than one year, if available, in making the district's
employment decisions and developing career recommendations for the
teacher.
(f) The district shall notify a teacher of the results of
any appraisal of the teacher in a timely manner so that the
appraisal may be used as a developmental tool by the district and
the teacher to improve the overall performance of the teacher.
SECTION 6. The heading to Section 21.402, Education Code,
is amended to read as follows:
Sec. 21.402. MINIMUM SALARY [SCHEDULE] FOR CERTAIN
PROFESSIONAL STAFF.
SECTION 7. Sections 21.402(a), (b), (c), and (g), Education
Code, are amended to read as follows:
(a) A [Except as provided by Subsection (f), a] school
district must pay each classroom teacher, full-time librarian,
full-time counselor certified under Subchapter B, or full-time
school nurse not less than $41,000 annually [the minimum monthly
salary, based on the employee's level of experience in addition to
other factors, as determined by commissioner rule, determined by
the following formula:
[MS = SF x FS
where:
["MS" is the minimum monthly salary;
["SF" is the applicable salary factor specified by Subsection
(c); and
["FS" is the amount, as determined by the commissioner under
Subsection (b), of the basic allotment as provided by Section
42.101(a) or (b) for a school district with a maintenance and
operations tax rate at least equal to the state maximum compressed
tax rate, as defined by Section 42.101(a)].
(b) Each year the agency shall collect information from
school districts regarding salaries paid to employees entitled to
the minimum salary specified in Subsection (a). Based on the
information collected, the agency shall:
(1) determine the median salaries of teachers in this
state based on grade level and subject matter taught;
(2) post the median salaries on the agency Internet
website; and
(3) report the median salaries to members of the
legislature [Not later than June 1 of each year, the commissioner
shall determine the basic allotment and resulting monthly salaries
to be paid by school districts as provided by Subsection (a)].
(c) Each year the agency shall analyze the cost of living in
each region of this state to determine if teacher salaries paid by
school districts in a region are comparable to salaries paid in that
region to persons engaged in comparable professions. The agency
shall post the results of the analysis on the agency's Internet
website and report the results to members of the legislature. [The
salary factors per step are as follows:
[Years Experience 0 1 2 3 4
Salary Factor .5464 .5582 .5698 .5816 .6064
Years Experience 5 6 7 8 9
Salary Factor .6312 .6560 .6790 .7008 .7214
Years Experience 10 11 12 13 14
Salary Factor .7408 .7592 .7768 .7930 .8086
Years Experience 15 16 17 18 19
Salary Factor .8232 .8372 .8502 .8626 .8744
Years Experience 20 and over
Salary Factor .8854]
application of this section, including rules that:
(1) require the payment of a minimum salary under this
section to a person employed in more than one capacity for which a
minimum salary is provided and whose combined employment in those
capacities constitutes full-time employment; and
(2) specify the credentials a person must hold to be
considered a [speech pathologist or] school nurse under this
section.
SECTION 8. Section 21.4031, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) In this section, "service[:
[(1) "Salary schedule" means the minimum salary
schedule under Section 21.402 or a comparable salary schedule used
by a school district that specifies salary amounts based on an
employee's level of experience.
[(2) "Service] record" means a school district
document that indicates the total years of service provided to the
district by a classroom teacher, librarian, counselor, or nurse.
(c) If a school district fails to provide an individual's
service record as required by Subsection (b), the agency shall, to
the extent that information is available to the agency, provide the
employing school district with the information [sufficient to
enable the district to determine proper placement of the individual
on the district's salary schedule].
(d) The commissioner shall adopt rules for determining the
experience as a classroom teacher, librarian, counselor, or nurse
for a school district for which an individual is to be given credit
for years of service for purposes of a service record. Each
district shall maintain service records in accordance with
commissioner rules adopted under this subsection.
SECTION 9. Section 21.410(l), Education Code, is amended to
read as follows:
(l) A stipend a teacher receives under this section is not
considered in determining whether the district is paying the
teacher the minimum [monthly] salary under Section 21.402.
SECTION 10. Section 21.411(l), Education Code, is amended
to read as follows:
(l) A stipend a teacher receives under this section is not
considered in determining whether the district is paying the
teacher the minimum [monthly] salary under Section 21.402.
SECTION 11. Section 21.412(l), Education Code, is amended
to read as follows:
(l) A stipend a teacher receives under this section is not
considered in determining whether the district is paying the
teacher the minimum [monthly] salary under Section 21.402.
SECTION 12. Section 21.413(l), Education Code, is amended
to read as follows:
(l) A stipend a teacher receives under this section is not
considered in determining whether the district is paying the
teacher the minimum [monthly] salary under Section 21.402.
SECTION 13. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.4513 to read as follows:
Sec. 21.4513. PROFESSIONAL DEVELOPMENT REQUIREMENTS
AUDIT. (a) The agency shall periodically conduct an audit of the
professional development requirements applicable to educators in
this state, including state and federal requirements and
requirements imposed by school districts.
(b) Based on audit results, the agency shall seek to
eliminate conflicting requirements and consolidate duplicative
requirements through the following methods, as appropriate:
(1) taking administrative action;
(2) encouraging school districts to make appropriate
changes to district policies; or
(3) recommending statutory changes to the
legislature.
(b-1) The agency shall complete the initial audit required
by Subsection (b) not later than August 1, 2014. This subsection
expires September 1, 2014.
(c) The agency shall provide guidance to school districts
regarding high-quality professional development and the outcomes
expected to result from providing that caliber of professional
development.
SECTION 14. Section 21.4551(e), Education Code, is amended
to read as follows:
(e) From funds appropriated for that purpose, a teacher who
attends a reading academy is entitled to receive a stipend in the
amount determined by the commissioner. A stipend received under
this subsection is not considered in determining whether a district
is paying the teacher the minimum [monthly] salary under Section
21.402.
SECTION 15. Section 21.458, Education Code, is amended by
amending Subsection (c) and adding Subsections (e) and (e-1) to
read as follows:
(c) From the funds appropriated to the agency for purposes
of this section, the commissioner shall adopt rules and provide
funding to school districts that assign mentor teachers under this
section. Funding provided to districts under this section may be
used only for providing:
(1) mentor teacher stipends;
(2) scheduled release time for mentor teachers and the
classroom teachers to whom they are assigned for meeting and
engaging in [to provide] mentoring activities [to assigned
classroom teachers]; and
(3) mentoring support through providers of mentor
training.
(e) Each year the commissioner shall report to the
legislature regarding the effectiveness of school district
mentoring programs.
(e-1) Not later than November 1, 2013, the lieutenant
governor and speaker of the house of representatives shall form an
advisory committee to evaluate the implementation of this section
and make recommendations for improvement. The committee shall
develop recommended guidelines that align teacher induction and
mentoring activities with expectations for new teachers based on
teaching practice standards. The agency shall provide
administrative support for the committee. The committee shall
submit a report of its recommendations to the legislature not later
than January 1, 2015. This subsection expires January 31, 2015.
SECTION 16. Section 22.107(a), Education Code, is amended
to read as follows:
(a) A school district shall pay each full-time district
employee, other than an administrator or an employee entitled
[subject] to the minimum salary [schedule] under Section 21.402, an
amount at least equal to $500.
SECTION 17. Section 30.102(b), Education Code, is amended
to read as follows:
(b) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, Chapter 21, or full-time
school nurse employed by the commission is entitled to receive as a
minimum salary the [monthly] salary specified by Section 21.402. A
classroom teacher, full-time librarian, full-time counselor, or
full-time school nurse may be paid, from funds appropriated to the
commission, a salary in excess of the minimum specified by that
section, but the salary may not exceed the rate of pay for a similar
position in the public schools of an adjacent school district.
SECTION 18. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.162 to read as follows:
Sec. 42.162. TEACHER ALLOTMENT. (a) A school district is
entitled to an annual allotment of $____ for each classroom teacher
employed by the district if the district satisfies the requirements
of this section.
(b) To be eligible for an allotment under this section, a
school district must:
(1) adopt and implement a strategic teacher
compensation plan that provides additional compensation to a
classroom teacher who meets at least one of the following criteria:
(A) demonstrates effectiveness in improving
student achievement, as indicated in the teacher's evaluations;
(B) serves as a mentor for other classroom
teachers;
(C) assumes work responsibilities in addition to
classroom teacher duties;
(D) teaches in a subject area or position
experiencing a critical shortage of teachers, as determined by the
commissioner, provided that the teacher is qualified to teach in
that subject or position;
(E) teaches at a campus that is among the
campuses in the state with the greatest difficulty in hiring or
retaining classroom teachers, as determined by the commissioner; or
(F) is determined by the district to meet
specific local market needs;
(2) dedicate a percentage, as specified by the
commissioner, of the district's total state and local funding under
this chapter each year to classroom teacher compensation, with a
portion of that amount, as specified by the commissioner, reserved
for additional compensation provided in accordance with the
district's strategic teacher compensation plan; and
(3) ensure that a classroom teacher does not receive
less compensation than the amount provided to the teacher before
implementation of the strategic teacher compensation system.
(c) The commissioner shall adopt rules necessary to
implement this section.
SECTION 19. Section 42.2513(a), Education Code, is amended
to read as follows:
(a) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount equal to the sum of:
(1) the product of $500 multiplied by the number of
full-time district employees, other than administrators or
employees entitled [subject] to the minimum salary [schedule] under
Section 21.402; and
(2) the product of $250 multiplied by the number of
part-time district employees, other than administrators.
SECTION 20. Section 42.302(a), Education Code, is amended
to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount of
state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment under Section
42.158, [or] 42.160, or 42.161, and 50 percent of the adjustment
under Section 42.102, by the basic allotment for the applicable
year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 21. Section 823.404(a), Government Code, is amended
to read as follows:
(a) An eligible member may establish equivalent membership
service credit for one or two years of work experience if the work
experience was required for certification under Chapter 21,
Education Code, in a career or technological field [for which the
member is entitled to salary step credit under Section 21.403(b),
Education Code].
SECTION 22. (a) Sections 21.402(c-1), (f), and (h) and
21.403, Education Code, are repealed.
(b) Section 57.05, Chapter 4 (S.B. 1), Acts of the 82nd
Legislature, 1st Called Session, 2011, which amended Section
21.402, Education Code, effective September 1, 2017, by amending
Subsection (a) and adding Subsection (e-1), is repealed.
SECTION 23. Not later than September 1, 2014, the Texas
Education Agency, the State Board for Educator Certification, and
the Texas Higher Education Coordinating Board shall jointly review
existing standards that are applicable to educator preparation
programs, including alternative educator certification programs,
and develop and implement modifications necessary to reflect
updated standards for the teaching profession.
SECTION 24. (a) Subject to the availability of funds
appropriated for the purpose, the Texas Education Agency shall
conduct a statewide survey of working conditions for public school
teachers.
(b) The survey must seek information regarding factors that
affect the quality of teacher working conditions, such as demands
on a teacher's time during the school day and at other times, campus
and district leadership, support for new teachers, professional
development opportunities and requirements, opportunities for
teacher leadership and collaboration, resources for teachers, and
the adequacy of available facilities.
(c) In designing the survey, the agency shall:
(1) evaluate the teacher working conditions survey
conducted in North Carolina and incorporate any elements in that
survey that the agency considers appropriate for use in this state;
and
(2) seek to produce a survey that can be used as a
resource by a school district in improving the district's
instructional environment and in evaluating and setting standards
for principals and superintendents.
(d) A teacher may not be required to participate in the
survey.
(e) To encourage the uninhibited participation of teachers:
(1) the survey must be designed to prevent the
disclosure of the identity of a survey participant; and
(2) survey results may not be released to the public.
(f) The agency shall complete the survey not later than
September 1, 2014.
SECTION 25. Section 21.402, Education Code, as amended by
this Act, does not affect the entitlement of a person to a greater
salary for the 2013-2014 school year or a subsequent school year
under a contract entered into before the effective date of this Act.
SECTION 26. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 27. This Act takes effect September 1, 2013.