By: Bailey H.B. No. 763
73R2774 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appraisal of public school teachers for career
1-3 ladder purposes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 13.302(a), (c), and (f), Education Code,
1-6 are amended to read as follows:
1-7 (a) The State Board of Education shall adopt an appraisal
1-8 process and criteria on which to appraise the performance of
1-9 teachers for career ladder level assignment purposes. The criteria
1-10 must be based on observable classroom performance, <job-related
1-11 behavior,> including teachers' implementation of discipline
1-12 management procedures.
1-13 (c) In developing the appraisal process, the board shall
1-14 provide for <using not fewer than> two appraisers for each
1-15 appraisal. One appraiser must be the teacher's supervisor and one
1-16 must be a person certified to teach in the area of certification in
1-17 which the teacher is being appraised as approved by the board of
1-18 trustees. An appraiser who is a classroom teacher may not appraise
1-19 the performance of another classroom teacher who teaches at the
1-20 same school campus at which the appraiser teaches, unless it is
1-21 impractical because of the number of campuses or unless the
1-22 appraiser is the chairman of a department or grade level whose job
1-23 description includes classroom observation responsibilities. The
1-24 <In a district that uses not more than two appraisers per
2-1 appraisal, the> board shall provide for an appraisal by a third
2-2 appraiser from another campus if the difference between the
2-3 appraisals is such that the teacher's performance cannot be
2-4 accurately evaluated. The board also shall provide for a uniform
2-5 training program and uniform certification standards for appraisers
2-6 to be used throughout the state. Teachers must be given access to
2-7 the uniform training program. On request of the teacher, only the
2-8 teacher's supervisor may perform the appraisal. <The board shall
2-9 include teacher self-appraisal in the process.>
2-10 (f) Appraisal for teachers must be detailed by category of
2-11 professional skill and characteristic and must provide for separate
2-12 ratings per category. The appraisal process must be designed to
2-13 permit a teacher to obtain the highest rating without exhibiting
2-14 each skill and characteristic within a single observation period
2-15 and must allow for the different skills, characteristics, and
2-16 educational philosophies that may be used to teach students in
2-17 various educational settings or to teach special student
2-18 populations. The appraisal process shall guarantee a conference
2-19 between teacher and appraisers after each appraisal, and the
2-20 conference shall be diagnostic and prescriptive with regard to
2-21 remediation as needed in overall summary of performance by category
2-22 and identify the required performance by category of professional
2-23 skill and characteristic needed for advancement to the next level.
2-24 The supervisor of a teacher who is rated satisfactory, below
2-25 expectations, or unsatisfactory shall provide the teacher with a
2-26 growth plan specifying the steps the teacher must take to achieve a
2-27 higher rating. A teacher is entitled to make, at the teacher's
3-1 expense, a video or audio recording of lessons observed by
3-2 appraisers.
3-3 SECTION 2. Subchapter E, Chapter 13, Education Code, is
3-4 amended by adding Section 13.3031 to read as follows:
3-5 Sec. 13.3031. FREQUENCY OF APPRAISAL. (a) A teacher who is
3-6 not on a career ladder shall be appraised annually. Except as
3-7 provided by Subsections (b) and (c) of this section, a teacher who
3-8 is on level one, two, three, or four of the career ladder shall be
3-9 appraised every three years.
3-10 (b) A teacher who is on level two of the career ladder as of
3-11 August 1, 1993, may request annual appraisals to qualify for level
3-12 three. A teacher who is on level three of the career ladder may
3-13 request annual appraisals to qualify for level four. A teacher may
3-14 request an appraisal during any year for remedial purposes or
3-15 improvement of the teacher's performance.
3-16 (c) If an appraisal indicates that a teacher's performance
3-17 is unsatisfactory or below expectations, the teacher shall be
3-18 appraised the following year.
3-19 (d) Except as provided by Subsection (e) of this section,
3-20 during a school year in which a teacher is to be appraised, the
3-21 appraisal shall be performed at least two times. The first
3-22 appraisal shall be a formative appraisal and the results may not be
3-23 considered for career ladder purposes.
3-24 (e) Under unusual circumstances, a teacher may be evaluated
3-25 for career ladder purposes on the basis of a single appraisal.
3-26 (f) Each observation of classroom performance used in the
3-27 appraisal process must be scheduled in advance with the teacher
4-1 unless the teacher requests an unscheduled observation.
4-2 SECTION 3. Section 13.304, Education Code, is amended to
4-3 read as follows:
4-4 Sec. 13.304. PERFORMANCE CATEGORIES. In appraisals of
4-5 teacher performance for career ladder level assignment purposes,
4-6 performance shall be evaluated in the same manner and under the
4-7 same criteria regardless of level. Performance shall be evaluated
4-8 as:
4-9 (1) unsatisfactory (if the teacher's overall
4-10 performance is clearly not acceptable <in some major area>);
4-11 (2) below expectations (if the teacher's overall
4-12 performance needs improvement <in some major areas>);
4-13 (3) satisfactory (if the teacher's performance meets
4-14 expectations);
4-15 (4) exceeding expectations (if the teacher's
4-16 performance excels in some major areas); or
4-17 (5) clearly outstanding.
4-18 SECTION 4. Subchapter E, Chapter 13, Education Code, is
4-19 amended by adding Section 13.324 to read as follows:
4-20 Sec. 13.324. DUE PROCESS. The board of trustees of a school
4-21 district shall ensure that a teacher is not denied placement on the
4-22 career ladder except through due process of law.
4-23 SECTION 5. Section 13.303(c), Education Code, is repealed.
4-24 SECTION 6. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.