By:  McCoulskey                                       H.B. No. 2101
       73R6005 CAE-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to staff development and performance appraisal for public
    1-3  school teachers.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 11, Education Code, is
    1-6  amended by adding Section 11.2071 to read as follows:
    1-7        Sec. 11.2071.  STAFF DEVELOPMENT GRANT PROGRAM.  (a)  The
    1-8  Central Education Agency may offer grants to school districts for
    1-9  campus staff development programs offered outside of the days
   1-10  required for instruction and preparation under Section 16.052 of
   1-11  this code.
   1-12        (b)  The agency shall issue a request for proposal for the
   1-13  grant program.  To receive a grant, a school district's proposed
   1-14  campus staff development program must be approved by the
   1-15  commissioner of education.
   1-16        (c)  The period of a program for which a district may receive
   1-17  a grant under this section is not more than:
   1-18              (1)  5 days for the 1993-1994 school year;
   1-19              (2)  10 days for the 1994-1995 school year;
   1-20              (3)  15 days for the 1995-1996 school year; and
   1-21              (4)  20 days for each school year thereafter.
   1-22        (d)  For each day of a program approved for a grant under
   1-23  this section, a district is entitled to an amount per teacher equal
   1-24  to the product of the statewide average of teachers' daily salaries
    2-1  multiplied by an amount equal to the difference between one and the
    2-2  statewide percentile ranking of the district for taxable value of
    2-3  property per weighted student.
    2-4        (e)  The commissioner of education may adopt rules for the
    2-5  administration of the grant program.
    2-6        (f)  For the purposes of this section, the number of weighted
    2-7  students in a district is the number of weighted students in
    2-8  average daily attendance determined under Section 16.302 of this
    2-9  code.
   2-10        (g)  In this section, "taxable value of property" is the
   2-11  value determined under Section 11.86 of this code.
   2-12        SECTION 2.  Sections 13.302(a) and (c), Education Code, are
   2-13  amended to read as follows:
   2-14        (a)  The State Board of Education shall adopt an appraisal
   2-15  process and criteria on which to appraise the performance of
   2-16  teachers <for career ladder level assignment purposes>.  The
   2-17  criteria must be based on observable, job-related behavior,
   2-18  including teachers' implementation of discipline management
   2-19  procedures.
   2-20        (c)  In developing the appraisal process, the board shall
   2-21  provide for using one appraiser <not fewer than two appraisers> for
   2-22  each appraisal.  A district shall provide a second appraiser on the
   2-23  request of the teacher being appraised.  <One appraiser must be the
   2-24  teacher's supervisor and one must be a person as approved by the
   2-25  board of trustees.>  An appraiser who is a classroom teacher may
   2-26  not appraise the performance of another classroom teacher who
   2-27  teaches at the same school campus at which the appraiser teaches,
    3-1  unless it is impractical because of the number of campuses or
    3-2  unless the appraiser is the chairman of a department or grade level
    3-3  whose job description includes classroom observation
    3-4  responsibilities.  <In a district that uses not more than two
    3-5  appraisers per appraisal, the board shall provide for an appraisal
    3-6  by a third appraiser from another campus if the difference between
    3-7  the appraisals is such that the teacher's performance cannot be
    3-8  accurately evaluated.>  The board <also> shall provide for a
    3-9  uniform training program and uniform certification standards for
   3-10  appraisers to be used throughout the state.  The board shall
   3-11  include teacher self-appraisal in the process.
   3-12        SECTION 3.  Sections 13.303(a) and (c), Education Code, are
   3-13  amended to read as follows:
   3-14        (a)  Each school district shall use the appraisal process and
   3-15  performance criteria developed by the board in appraising teachers
   3-16  unless the district has submitted an alternative appraisal system
   3-17  to the commissioner of education and the commissioner has approved
   3-18  the system <for career ladder level assignment purposes>.
   3-19        (c)  Appraisal shall be done <not fewer than:>
   3-20              <(1)  two times during each school year for
   3-21  probationary teachers and for teachers on level one of the career
   3-22  ladder; and>
   3-23              <(2)  once> during each school year, except that a
   3-24  second appraisal shall be done on the request of the teacher being
   3-25  appraised <for teachers on levels two, three, and four of the
   3-26  career ladder whose performance, on the most recent appraisal, was
   3-27  evaluated as exceeding expectations or clearly outstanding.  The
    4-1  performance of a teacher who, because of unusual circumstances, is
    4-2  appraised only once in a particular year shall be evaluated for
    4-3  career ladder purposes on the basis of a single appraisal>.
    4-4        SECTION 4.  The title of Subchapter E, Chapter 13, Education
    4-5  Code, is amended to read as follows:
    4-6           SUBCHAPTER E.  APPRAISAL PROCESS <CAREER LADDER>
    4-7        SECTION 5.  Section 13.912(a), Education Code, is amended to
    4-8  read as follows:
    4-9        (a)  A school district may not deny a teacher a salary bonus
   4-10  or similar compensation given in whole or in part on the basis of
   4-11  teacher attendance <or a career ladder advancement> because of the
   4-12  teacher's absence from school for observance of a religious holy
   4-13  day.
   4-14        SECTION 6.  Sections 16.056(b) and (c), Education Code, are
   4-15  amended to read as follows:
   4-16        (b)  Each individual shall advance one step per each year of
   4-17  experience until step 13 <10> is reached.  For each year, up to a
   4-18  maximum of two years, of work experience required for certification
   4-19  in a vocational field, a vocational teacher who is certified in
   4-20  that field is entitled to salary step credit as if the work
   4-21  experience were teaching experience.
   4-22        (c)  SALARY SCHEDULE BY STEPS
   4-23    0     1     2     3     4     5     6     7     8     9    10
   4-24  1700  1814  1928  2042  2156  2270  2384  2498  2612  2726  2840
   4-25   11       12       13
   4-26  2954     3068     3182
   4-27        SECTION 7.  Section 16.101, Education Code, is amended to
    5-1  read as follows:
    5-2        Sec. 16.101.  Basic Allotment.  For each student in average
    5-3  daily attendance, not including the time students spend each day in
    5-4  special education or vocational education programs for which an
    5-5  additional allotment is made under Subchapter D of this chapter, a
    5-6  district is entitled to an allotment of $____ each <$2,200 for the
    5-7  1991-1992 school year, $2,400 for the 1992-1993 school year, $2,600
    5-8  for the 1993-1994 school year, and $2,800 for the 1994-1995> school
    5-9  year <and thereafter> or a greater amount adopted by the foundation
   5-10  school fund budget committee under Section 16.256 of this code or
   5-11  <for the 1993-1994 school year and each school year thereafter.   A
   5-12  greater amount for any school year may be> provided by
   5-13  appropriation.
   5-14        SECTION 8.  Section 16.202, Education Code, is amended to
   5-15  read as follows:
   5-16        Sec. 16.202.  Studies.  On a biennial basis, the Legislative
   5-17  Education Board and the Legislative Budget Board, with the
   5-18  assistance of the Educational Economic Policy Center and the
   5-19  Central Education Agency, shall complete each of the following
   5-20  studies and develop recommended amounts where appropriate for each
   5-21  year of the next biennium:
   5-22              (1)  a study of the fiscal neutrality of the system to
   5-23  determine the status of the state and local finance system with
   5-24  regard to the policies established under the provisions of Section
   5-25  16.001 of this code, including recommendations for adjustments
   5-26  necessary to maintain fiscal neutrality;
   5-27              (2)  the accountable costs per student to school
    6-1  districts of providing educational programs, personnel, and other
    6-2  operating costs that meet accreditation criteria and the provisions
    6-3  of law and regulation;
    6-4              (3)  program cost differentials designed by program to
    6-5  provide support for the added expense of high-cost courses or
    6-6  programs for students participating in such courses or programs,
    6-7  with the program funding level expressed as dollar amounts and as
    6-8  weights applied to the adjusted basic allotment for the appropriate
    6-9  year;
   6-10              (4)  transportation allotment <and career ladder
   6-11  allotments>;
   6-12              (5)  the levels of tax effort necessary for each tier
   6-13  of the Foundation School Program necessary to fulfill the
   6-14  requirements of Sections 16.001 and 16.008 of this code; and
   6-15              (6)  capital outlay and debt service requirements and
   6-16  formula elements for the requirements of Subchapter I of this
   6-17  chapter or other provisions of this chapter.
   6-18        SECTION 9.  Section 16.302(a), Education Code, is amended to
   6-19  read as follows:
   6-20        (a)  Each school district is guaranteed a specified amount
   6-21  per weighted student in state and local funds for each cent of tax
   6-22  effort over that required for the local fund assignment of the
   6-23  county education district in which the school district is located
   6-24  up to the maximum level specified in this subchapter.  The amount
   6-25  of state support, subject only to the maximum amount under Section
   6-26  16.303 of this code, is determined by the formula:
   6-27  where:
    7-1        "GYA" is the guaranteed yield amount of state funds to be
    7-2  allocated to the district;
    7-3        "GL" is the dollar amount guaranteed level of state and local
    7-4  funds per weighted student per cent of tax effort, which is $21.50
    7-5  for the 1991-1992 school year, $22.50 for the 1992-1993 school
    7-6  year, $26 for the 1993-1994 school year, and $28 for each school
    7-7  year thereafter, or a greater amount for any year provided by
    7-8  appropriation, or a greater amount adopted by the foundation school
    7-9  fund budget committee under Section 16.256(d) of this code for the
   7-10  1993-1994 or 1994-1995 school year or thereafter;
   7-11        "WADA", except as provided by Section 16.206 of this code, is
   7-12  the number of weighted students in average daily attendance, which
   7-13  is calculated by dividing the sum of the school district's
   7-14  allotments under Subchapters C and D of this chapter, less any
   7-15  allotments to the district for transportation<, career ladder
   7-16  supplements,> or technology and 50 percent of the  adjustment under
   7-17  Section 16.102 of this code, by the basic allotment for the
   7-18  applicable year;
   7-19        "DTR" is the district enrichment and facilities tax rate of
   7-20  the school district, which is determined by dividing the total
   7-21  amount of taxes collected by the school district for the applicable
   7-22  school year by the quotient of the district's taxable value of
   7-23  property as determined under Section 11.86 of this code divided by
   7-24  100; and
   7-25        "LR" is the local revenue, which is determined by multiplying
   7-26  "DTR" by the quotient of the district's taxable value of property
   7-27  as determined under Section 11.86 of this code divided by 100.
    8-1        SECTION 10.  Section 825.405(b), Government Code, is amended
    8-2  to read as follows:
    8-3        (b)  For purposes of this section, the statutory minimum
    8-4  salary is the salary provided by Section 16.056, Education Code,
    8-5  multiplied by the cost of education adjustment applicable under
    8-6  Section 16.102, Education Code, to the district in which the member
    8-7  is employed<, plus any career ladder supplement under Section
    8-8  16.057, Education Code>.
    8-9        SECTION 11.  Sections 13.0321(c), 13.035(c), 13.301,
   8-10  13.304-13.323, 16.057, and 16.158, Education Code, are repealed.
   8-11        SECTION 12.  For the 1993-1994 school year, each teacher who
   8-12  received a career ladder supplement for the 1992-1993 school year
   8-13  shall be placed on the first step on the salary schedule under
   8-14  Section 16.056(c), Education Code, as amended by this Act, that
   8-15  provides a minimum monthly salary equal to or greater than the sum
   8-16  of:
   8-17              (1)  the minimum monthly salary to which the teacher
   8-18  would be entitled for the 1993-1994 school year according to the
   8-19  salary schedule that was provided under Section 16.056(c),
   8-20  Education Code, for the 1992-1993 school year; and
   8-21              (2)  the quotient of the annual career ladder
   8-22  supplement the teacher received for the 1992-1993 school year
   8-23  divided by 10.
   8-24        SECTION 13.  This Act applies beginning with the 1993-1994
   8-25  school year.
   8-26        SECTION 14.  The importance of this legislation and the
   8-27  crowded condition of the calendars in both houses create an
    9-1  emergency and an imperative public necessity that the
    9-2  constitutional rule requiring bills to be read on three several
    9-3  days in each house be suspended, and this rule is hereby suspended,
    9-4  and that this Act take effect and be in force from and after its
    9-5  passage, and it is so enacted.