By: Bivins S.B. No. 767
73R4534 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing the career ladder for public school teachers
1-3 and to appraisals of public school teachers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Subchapter E, Chapter 13,
1-6 Education Code, is amended to read as follows:
1-7 SUBCHAPTER E. TEACHER APPRAISAL <CAREER LADDER>
1-8 SECTION 2. Sections 13.302(a), (c), and (f), Education Code,
1-9 are amended to read as follows:
1-10 (a) The State Board of Education shall adopt an appraisal
1-11 process and criteria on which to appraise the performance of
1-12 teachers <for career ladder level assignment purposes>. The
1-13 criteria must be based on observable, job-related behavior,
1-14 including teachers' implementation of discipline management
1-15 procedures.
1-16 (c) An <In developing the appraisal process, the board shall
1-17 provide for using not fewer than two appraisers for each appraisal.
1-18 One> appraiser must be the teacher's supervisor or <and one must
1-19 be> a person <as> approved by the board of trustees. An appraiser
1-20 who is a classroom teacher may not appraise the performance of
1-21 another classroom teacher who teaches at the same school campus at
1-22 which the appraiser teaches, unless it is impractical because of
1-23 the number of campuses or unless the appraiser is the chairman of a
1-24 department or grade level whose job description includes classroom
2-1 observation responsibilities. <In a district that uses not more
2-2 than two appraisers per appraisal, the board shall provide for an
2-3 appraisal by a third appraiser from another campus if the
2-4 difference between the appraisals is such that the teacher's
2-5 performance cannot be accurately evaluated.> The board also shall
2-6 provide for a uniform training program and uniform certification
2-7 standards for appraisers to be used throughout the state. The
2-8 board shall include teacher self-appraisal in the process.
2-9 (f) Appraisal for teachers must be detailed by category of
2-10 professional skill and characteristic and must provide for separate
2-11 ratings per category. The appraisal process shall guarantee a
2-12 conference between the teacher and the appraiser <appraisers>, and
2-13 the conference shall be diagnostic and prescriptive with regard to
2-14 remediation as needed in overall summary of performance by category
2-15 and identify the required performance for advancement <to the next
2-16 level>.
2-17 SECTION 3. Subchapter E, Chapter 13, Education Code, is
2-18 amended by adding Section 13.3021 to read as follows:
2-19 Sec. 13.3021. TEACHER APPRAISAL ADVISORY COMMITTEE. (a)
2-20 The teacher appraisal advisory committee consists of 16 members
2-21 appointed by the Foundation School Fund Budget Committee. The
2-22 budget committee shall appoint the members as follows:
2-23 (1) eight members must be public school teachers;
2-24 (2) four members must be public school administrators;
2-25 and
2-26 (3) four members must be parents of children enrolled
2-27 in public schools.
3-1 (b) The teacher appraisal advisory committee shall:
3-2 (1) study different methods of appraising teachers;
3-3 and
3-4 (2) recommend to the State Board of Education any
3-5 necessary changes in the appraisal process developed under Section
3-6 13.302 of this code.
3-7 (c) Committee members hold office for terms of two years
3-8 expiring February 1 of each odd-numbered year. In the event of a
3-9 vacancy during a term, the Foundation School Fund Budget Committee
3-10 shall appoint a replacement who meets the qualifications of the
3-11 vacated position to fill the unexpired portion of the term.
3-12 (d) The committee shall select one of its members to serve
3-13 as presiding officer for a term of one year.
3-14 (e) A committee member may not receive compensation for
3-15 serving on the committee. A member is not entitled to
3-16 reimbursement for travel expenses while serving on the committee.
3-17 SECTION 4. Sections 13.303(a) and (c), Education Code, are
3-18 amended to read as follows:
3-19 (a) Each school district shall use the appraisal process and
3-20 performance criteria developed by the board in appraising teachers
3-21 <for career ladder level assignment purposes>.
3-22 (c) Appraisal shall be done at least <not fewer than:>
3-23 <(1) two times during each school year for
3-24 probationary teachers and for teachers on level one of the career
3-25 ladder; and>
3-26 <(2)> once during each school year <for teachers on
3-27 levels two, three, and four of the career ladder whose performance,
4-1 on the most recent appraisal, was evaluated as exceeding
4-2 expectations or clearly outstanding. The performance of a teacher
4-3 who, because of unusual circumstances, is appraised only once in a
4-4 particular year shall be evaluated for career ladder purposes on
4-5 the basis of a single appraisal>.
4-6 SECTION 5. Section 13.304, Education Code, is amended to
4-7 read as follows:
4-8 Sec. 13.304. PERFORMANCE CATEGORIES. In appraisals of
4-9 teacher performance <for career ladder level assignment purposes>,
4-10 performance <shall be evaluated in the same manner and under the
4-11 same criteria regardless of level. Performance> shall be
4-12 evaluated as:
4-13 (1) unsatisfactory (if the teacher's performance is
4-14 clearly not acceptable in some major area);
4-15 (2) below expectations (if the teacher's performance
4-16 needs improvement in some major areas);
4-17 (3) satisfactory (if the teacher's performance meets
4-18 expectations);
4-19 (4) exceeding expectations (if the teacher's
4-20 performance excels in some major areas); or
4-21 (5) clearly outstanding.
4-22 SECTION 6. Subchapter B, Chapter 16, Education Code, is
4-23 amended by adding Section 16.058 to read as follows:
4-24 Sec. 16.058. SALARY OF TEACHER FORMERLY ON CAREER LADDER.
4-25 (a) Notwithstanding any provision to the contrary, a teacher who
4-26 was assigned to a career ladder level under Subchapter E, Chapter
4-27 13, of this code on August 31, 1993, is entitled to receive for the
5-1 1993-1994 school year and each school year thereafter a minimum
5-2 monthly salary equal to the teacher's base monthly salary plus the
5-3 quotient of the teacher's career ladder supplement in the 1992-1993
5-4 school year, or the most recent earlier school year in which the
5-5 teacher received a career ladder supplement, divided by the number
5-6 of months in the teacher's contract.
5-7 (b) In this section, "base monthly salary" means the minimum
5-8 monthly salary prescribed by Section 16.056 of this code plus any
5-9 amount in excess of the minimum monthly salary that a school
5-10 district pays a teacher.
5-11 SECTION 7. Section 16.158, Education Code, is amended to
5-12 read as follows:
5-13 Sec. 16.158. TEACHER COMPENSATION <CAREER LADDER> ALLOTMENT.
5-14 (a) Each district is entitled to an allotment for teacher
5-15 compensation <support of the career ladder> equal to its unadjusted
5-16 average daily attendance multiplied by $90.
5-17 (b) Except as provided by Subsection (d) of this section, an
5-18 <An> allotment under this section may be used only for the purposes
5-19 of paying the salaries of teachers who were entitled to career
5-20 ladder supplements.
5-21 (c) <From the funds designated for that purpose, the
5-22 district shall supplement the salary of each teacher above level
5-23 one on the career ladder. The district shall decide the amount of
5-24 supplement to be provided at each career ladder level.>
5-25 <(d)> Money received under this section may not be used to
5-26 supplement the salary of an employee for directing cocurricular or
5-27 extracurricular activities.
6-1 (d) If an allotment under this section exceeds the amount
6-2 necessary to pay the salaries of teachers who were entitled to
6-3 career ladder supplements as provided by Section 16.058 of this
6-4 code, a district may use the excess to supplement salaries of other
6-5 teachers or to provide benefits for teachers.
6-6 SECTION 8. Section 16.202, Education Code, is amended to
6-7 read as follows:
6-8 Sec. 16.202. STUDIES. On a biennial basis, the Legislative
6-9 Education Board and the Legislative Budget Board, with the
6-10 assistance of the Educational Economic Policy Center and the
6-11 Central Education Agency, shall complete each of the following
6-12 studies and develop recommended amounts where appropriate for each
6-13 year of the next biennium:
6-14 (1) a study of the fiscal neutrality of the system to
6-15 determine the status of the state and local finance system with
6-16 regard to the policies established under the provisions of Section
6-17 16.001 of this code, including recommendations for adjustments
6-18 necessary to maintain fiscal neutrality;
6-19 (2) the accountable costs per student to school
6-20 districts of providing educational programs, personnel, and other
6-21 operating costs that meet accreditation criteria and the provisions
6-22 of law and regulation;
6-23 (3) program cost differentials designed by program to
6-24 provide support for the added expense of high-cost courses or
6-25 programs for students participating in such courses or programs,
6-26 with the program funding level expressed as dollar amounts and as
6-27 weights applied to the adjusted basic allotment for the appropriate
7-1 year;
7-2 (4) transportation and teacher compensation <career
7-3 ladder> allotments;
7-4 (5) the levels of tax effort necessary for each tier
7-5 of the Foundation School Program necessary to fulfill the
7-6 requirements of Sections 16.001 and 16.008 of this code; and
7-7 (6) capital outlay and debt service requirements and
7-8 formula elements for the requirements of Subchapter I of this
7-9 chapter or other provisions of this chapter.
7-10 SECTION 9. Section 16.302(a), Education Code, is amended to
7-11 read as follows:
7-12 (a) Each school district is guaranteed a specified amount
7-13 per weighted student in state and local funds for each cent of tax
7-14 effort over that required for the local fund assignment of the
7-15 county education district in which the school district is located
7-16 up to the maximum level specified in this subchapter. The amount
7-17 of state support, subject only to the maximum amount under Section
7-18 16.303 of this code, is determined by the formula:
7-19 where:
7-20 "GYA" is the guaranteed yield amount of state funds to be
7-21 allocated to the district;
7-22 "GL" is the dollar amount guaranteed level of state and local
7-23 funds per weighted student per cent of tax effort, which is $21.50
7-24 for the 1991-1992 school year, $22.50 for the 1992-1993 school
7-25 year, $26 for the 1993-1994 school year, and $28 for each school
7-26 year thereafter, or a greater amount for any year provided by
7-27 appropriation, or a greater amount adopted by the foundation school
8-1 fund budget committee under Section 16.256(d) of this code for the
8-2 1993-1994 or 1994-1995 school year or thereafter;
8-3 "WADA", except as provided by Section 16.206 of this code, is
8-4 the number of weighted students in average daily attendance, which
8-5 is calculated by dividing the sum of the school district's
8-6 allotments under Subchapters C and D of this chapter, less any
8-7 allotments to the district for transportation, teacher compensation
8-8 <career ladder supplements>, or technology and 50 percent of the
8-9 adjustment under Section 16.102 of this code, by the basic
8-10 allotment for the applicable year;
8-11 "DTR" is the district enrichment and facilities tax rate of
8-12 the school district, which is determined by dividing the total
8-13 amount of taxes collected by the school district for the applicable
8-14 school year by the quotient of the district's taxable value of
8-15 property as determined under Section 11.86 of this code divided by
8-16 100; and
8-17 "LR" is the local revenue, which is determined by multiplying
8-18 "DTR" by the quotient of the district's taxable value of property
8-19 as determined under Section 11.86 of this code divided by 100.
8-20 SECTION 10. Section 822.201(b), Government Code, is amended
8-21 to read as follows:
8-22 (b) "Salary and wages" as used in Subsection (a) means:
8-23 (1) normal periodic payments of money for service the
8-24 right to which accrues on a regular basis in proportion to the
8-25 service performed;
8-26 (2) <career ladder payments of money authorized by
8-27 Section 16.057, Education Code;>
9-1 <(3)> amounts by which the member's salary is reduced
9-2 under a salary reduction agreement authorized by Article 6252-3d,
9-3 Revised Statutes; and
9-4 (3) <(4)> amounts that would otherwise qualify as
9-5 salary and wages under Subdivision (1) <or (2)> but are not
9-6 received directly by the member pursuant to a good faith, voluntary
9-7 written salary reduction agreement in order to finance payments to
9-8 a deferred compensation or tax sheltered annuity program
9-9 specifically authorized by state law or to finance benefit options
9-10 under a cafeteria plan qualifying under Section 125 of the Internal
9-11 Revenue Code of 1986 (26 U.S.C. Section 125), if:
9-12 (A) the program or benefit options are made
9-13 available to all employees of the employer; and
9-14 (B) the benefit options in the cafeteria plan
9-15 are limited to one or more options that provide deferred
9-16 compensation, group health and disability insurance, group term
9-17 life insurance, dependent care assistance programs, or group legal
9-18 services plans.
9-19 SECTION 11. Section 825.405(b), Government Code, is amended
9-20 to read as follows:
9-21 (b) For purposes of this section, the statutory minimum
9-22 salary is the salary provided by Sections <Section> 16.056 and
9-23 16.058, Education Code, multiplied by the cost of education
9-24 adjustment applicable under Section 16.102, Education Code, to the
9-25 district in which the member is employed<, plus any career ladder
9-26 supplement under Section 16.057, Education Code>.
9-27 SECTION 12. Sections 13.301, 13.305, 13.306(b),
10-1 13.307-13.323, and 16.057, Education Code, are repealed.
10-2 SECTION 13. This Act takes effect September 1, 1993.
10-3 SECTION 14. The importance of this legislation and the
10-4 crowded condition of the calendars in both houses create an
10-5 emergency and an imperative public necessity that the
10-6 constitutional rule requiring bills to be read on three several
10-7 days in each house be suspended, and this rule is hereby suspended.