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.