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.