By:  Hunter, Todd                                     H.B. No. 1389
       73R4841 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appraisal of teachers and termination of the
    1-3  teacher career ladder.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The following provisions of the Education Code
    1-6  are repealed:
    1-7              (1)  Subchapter E, Chapter 13; and
    1-8              (2)  Sections 13.0321(c) and 13.035(c).
    1-9        SECTION 2.  Subchapter Z, Chapter 13, Education Code, is
   1-10  amended by adding Section 13.914 to read as follows:
   1-11        Sec. 13.914.  TEACHER APPRAISAL.  (a)  Each school district
   1-12  may adopt an appraisal process and performance criteria on which to
   1-13  appraise the performance of teachers.  A district may use the
   1-14  appraisal process and performance criteria developed by the
   1-15  commissioner of education under Subsection (b) of this section or,
   1-16  after requesting and considering the advice of the district's
   1-17  certified education personnel, may establish its own appraisal
   1-18  process and performance criteria.
   1-19        (b)  The commissioner shall develop an appraisal process and
   1-20  performance criteria on which to appraise the performance of
   1-21  teachers.  In developing the appraisal process and performance
   1-22  criteria, the commissioner shall consider advice received at public
   1-23  hearings.  The commissioner shall hold one or more public hearings
   1-24  in each regional education service center service area.  In
    2-1  addition to any other notice of a hearing the commissioner gives,
    2-2  the commissioner shall give notice to certified education personnel
    2-3  in each service area through each school district in the area.
    2-4        SECTION 3.  Section 16.057, Education Code, is amended to
    2-5  read as follows:
    2-6        Sec. 16.057.  Career Ladder Salary Supplement.  (a)  Except
    2-7  as provided by Subsection (c) of this section, each teacher who was
    2-8  on level two, three, or four of a career ladder on or before July
    2-9  1, 1993, is entitled to the following annual supplement in addition
   2-10  to the minimum salary set by this subchapter for any school year in
   2-11  which the teacher teaches in a school district in this state:
   2-12                     Level 2 . . . . . . . $2,000
   2-13                     Level 3 . . . . . . . $4,000
   2-14                     Level 4 . . . . . . . $6,000
   2-15        (b)  If the district pays more than the state minimum salary
   2-16  prescribed by this subchapter, the teacher is entitled to the
   2-17  career ladder supplement in addition to the amount otherwise paid
   2-18  by the district for the teacher's step.
   2-19        (c)  If the allotment under Section 16.158 of this code that
   2-20  is designated for support of the career ladder will not fully fund
   2-21  the supplements under this section,<:>
   2-22              <(1)>  the district may reduce the supplements to not
   2-23  less than the following:
   2-24                     Level 2 . . . . . . . $1,500
   2-25                     Level 3 . . . . . . . $3,000
   2-26                     Level 4 . . . . . . . $4,500
   2-27  <or;>
    3-1              <(2)  provide for stricter performance criteria than
    3-2  that provided under Section 13.302 of this code, subject to the
    3-3  approval of the State Board of Education; or>
    3-4              <(3)  take action under both Subdivisions (1) and (2)
    3-5  of this subsection.>
    3-6        SECTION 4.  Section 16.158(c), Education Code, is amended to
    3-7  read as follows:
    3-8        (c)  From the funds designated for that purpose, the district
    3-9  shall supplement the salary of each teacher who was above level one
   3-10  on the career ladder on or before July 1, 1993.  The district shall
   3-11  decide the amount of supplement to be provided at each career
   3-12  ladder level.
   3-13        SECTION 5.  Section 13.912(a), Education Code, is amended to
   3-14  read as follows:
   3-15        (a)  A school district may not deny a teacher a salary bonus
   3-16  or similar compensation given in whole or in part on the basis of
   3-17  teacher attendance <or a career ladder advancement> because of the
   3-18  teacher's absence from school for observance of a religious holy
   3-19  day.
   3-20        SECTION 6.  This Act applies beginning with the 1993-1994
   3-21  school year.
   3-22        SECTION 7.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended,
   3-27  and that this Act take effect and be in force from and after its
    4-1  passage, and it is so enacted.