By: Barrientos S.B. No. 1163
73R6465 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school education and to certain programs
1-3 financed under the foundation school program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. TEACHER APPRAISAL AND SALARY SUPPLEMENT ALLOTMENT
1-6 SECTION 1.01. Section 11.33, Education Code, is amended by
1-7 adding Subsection (e) to read as follows:
1-8 (e) A Regional Education Service Center may provide
1-9 technical assistance to a school district in developing an
1-10 appraisal process and performance criteria.
1-11 SECTION 1.02. Subchapter E, Chapter 13, Education Code, is
1-12 amended to read as follows:
1-13 SUBCHAPTER E. APPRAISAL OF TEACHER PERFORMANCE <CAREER LADDER>
1-14 Sec. 13.301. APPRAISAL PROCESS AND PERFORMANCE CRITERIA FOR
1-15 EXPERIENCED TEACHERS <CAREER LADDER>. (a) The board of trustees
1-16 of each school district shall develop an appraisal process and
1-17 performance criteria for evaluating the teaching performance of
1-18 teachers in the district with three or more complete school years
1-19 of teaching experience. The appraisal process may not provide for
1-20 evaluating a teacher's performance more than once each school year
1-21 <Each teacher shall be assigned to a career ladder level>.
1-22 (b) The board shall submit the appraisal process and
1-23 performance criteria to the commissioner of education for approval.
1-24 The commissioner may approve the appraisal process and performance
2-1 criteria or may require the board to make changes before granting
2-2 approval <A teacher's career ladder level assignment is based on
2-3 performance, experience, job-related education, advanced academic
2-4 training, and job assignments>.
2-5 (c) After the commissioner has approved a district's
2-6 appraisal process and performance criteria, the appraisal process
2-7 and performance criteria shall be used to appraise the teaching
2-8 performance of each teacher in the district with three or more
2-9 complete school years of teaching experience <Career ladder levels
2-10 are level one, level two, level three, and level four>.
2-11 (d) To be approved by the commissioner, a district's
2-12 performance criteria must provide for evaluation of a teacher's:
2-13 (1) commitment to students and their learning;
2-14 (2) knowledge of the subject the teacher teaches and
2-15 of how to teach the subject to students;
2-16 (3) management of student learning;
2-17 (4) ability to think systematically about teaching
2-18 practices and to learn from experience; and
2-19 (5) participation in activities designed to promote
2-20 professional growth.
2-21 Sec. 13.302. ADOPTION OF APPRAISAL PROCESS AND PERFORMANCE
2-22 CRITERIA BY STATE BOARD OF EDUCATION FOR TEACHERS WITH FEWER THAN
2-23 THREE YEARS OF EXPERIENCE. (a) The State Board of Education shall
2-24 adopt an appraisal process and criteria on which to appraise the
2-25 performance of teachers with fewer than three complete school years
2-26 of teaching experience <for career ladder level assignment
2-27 purposes>. The criteria must be based on observable, job-related
3-1 behavior, including teachers' implementation of discipline
3-2 management procedures.
3-3 (b) The board shall solicit and consider the advice of
3-4 teachers in developing the appraisal process and performance
3-5 criteria.
3-6 (c) In developing the appraisal process, the board shall
3-7 provide for using not fewer than two appraisers for each appraisal.
3-8 One appraiser must be the teacher's supervisor and one must be a
3-9 person as approved by the board of trustees. An appraiser who is a
3-10 classroom teacher may not appraise the performance of another
3-11 classroom teacher who teaches at the same school campus at which
3-12 the appraiser teaches, unless it is impractical because of the
3-13 number of campuses or unless the appraiser is the chairman of a
3-14 department or grade level whose job description includes classroom
3-15 observation responsibilities. In a district that uses not more
3-16 than two appraisers per appraisal, the board shall provide for an
3-17 appraisal by a third appraiser from another campus if the
3-18 difference between the appraisals is such that the teacher's
3-19 performance cannot be accurately evaluated. The board also shall
3-20 provide for a uniform training program and uniform certification
3-21 standards for appraisers to be used throughout the state. The
3-22 board shall include teacher self-appraisal in the process.
3-23 (d) The State Board of Education shall develop or adopt and
3-24 validate an assessment instrument which may be administered to
3-25 teaching personnel for the purpose of evaluating the performance of
3-26 those personnel in the jobs for which they were hired. The
3-27 assessment process may:
4-1 (1) be administered by or under the supervision of the
4-2 Central Education Agency on a statewide basis;
4-3 (2) provide opportunities for preparation and
4-4 remediation;
4-5 (3) provide reasonable opportunities for individuals
4-6 to attain an acceptable score set by the board;
4-7 (4) include provision for substitution of the results
4-8 of alternative assessment instruments approved by the board;
4-9 (5) be an integral part of the appraisal process and
4-10 shall not be considered as a substitute for any evaluation by
4-11 observation as may otherwise be required; and
4-12 (6) be administered by local districts.
4-13 (e) It is the intent of Subsection (d) of this section that
4-14 the assessment instrument described therein be used to assess
4-15 specific skills primarily for the purpose of remediation and
4-16 improvement.
4-17 (f) Appraisal for teachers must be detailed by category of
4-18 professional skill and characteristic and must provide for separate
4-19 ratings per category. The appraisal process shall guarantee a
4-20 conference between teacher and appraisers, and the conference shall
4-21 be diagnostic and prescriptive with regard to remediation as needed
4-22 in overall summary of performance by category <and identify the
4-23 required performance for advancement to the next level>.
4-24 (g) The State Board of Education by rule shall require the
4-25 renewal of an appraiser's certification at regular intervals of not
4-26 more than three years and shall require certification renewal
4-27 within that period if substantial changes are made to the appraisal
5-1 process.
5-2 (h) The State Board of Education shall evaluate the
5-3 effectiveness of the appraisal process. The Central Education
5-4 Agency shall monitor the implementation of the appraisal process
5-5 and biennially recommend modifications to the process to the board.
5-6 Sec. 13.303. LOCAL USE OF APPRAISAL PROCESS FOR TEACHERS
5-7 WITH FEWER THAN THREE YEARS OF EXPERIENCE <ROLE>. (a) Each school
5-8 district shall use the appraisal process and performance criteria
5-9 developed by the State Board of Education <board> in appraising
5-10 teachers with fewer than three complete school years of teaching
5-11 experience <for career ladder level assignment purposes>.
5-12 (b) The school district shall determine the number of
5-13 appraisers used if the number is to exceed the minimum required.
5-14 (c) Appraisal shall be done not fewer than<:>
5-15 <(1)> two times during each school year <for
5-16 probationary teachers and for teachers on level one of the career
5-17 ladder; and>
5-18 <(2) once during each school year for teachers on
5-19 levels two, three, and four of the career ladder whose performance,
5-20 on the most recent appraisal, was evaluated as exceeding
5-21 expectations or clearly outstanding>. The performance of a teacher
5-22 who, because of unusual circumstances, is appraised only once in a
5-23 particular year shall be evaluated <for career ladder purposes> on
5-24 the basis of a single appraisal.
5-25 Sec. 13.304. Performance Categories. <In appraisals of
5-26 teacher performance for career ladder level assignment purposes,
5-27 performance shall be evaluated in the same manner and under the
6-1 same criteria regardless of level.> Performance of a teacher with
6-2 fewer than three complete school years of teaching experience shall
6-3 be evaluated as:
6-4 (1) unsatisfactory (if the teacher's performance is
6-5 clearly not acceptable in some major area);
6-6 (2) below expectations (if the teacher's performance
6-7 needs improvement in some major areas);
6-8 (3) satisfactory (if the teacher's performance meets
6-9 expectations);
6-10 (4) exceeding expectations (if the teacher's
6-11 performance excels in some major areas); or
6-12 (5) clearly outstanding.
6-13 Sec. 13.305. <CLASSES OF TEACHING CERTIFICATES. (a) Level
6-14 One. A teacher who successfully completes the requirements of the
6-15 probationary year as provided in Section 13.306 of this subchapter
6-16 shall be granted a level one certificate. A level one certificate
6-17 shall be valid for three full years from the date of recommendation
6-18 by a school district and shall be renewable once for three
6-19 additional years upon recommendation of the current or last
6-20 employing school district and with completion of six semester hours
6-21 at an institution of higher education in an approved program in the
6-22 area of certification or teaching assignment, or with completion of
6-23 90 hours of advanced academic training as approved by the district,
6-24 or an equivalent combination so that one semester hour of higher
6-25 education course work is equivalent to 15 hours of academic
6-26 training.>
6-27 <(b) Level Two. A level two certificate shall be valid for
7-1 five years from the date of recommendation by a school district and
7-2 shall be renewable. Requirements for the initial level two
7-3 certificate shall be as follows:>
7-4 <(1) possession of a valid level one certificate;>
7-5 <(2) completion of three years of teaching experience
7-6 and a bachelor's degree, or two years of teaching experience and a
7-7 master's degree, or one year of teaching experience with a
7-8 doctorate; and>
7-9 <(3) recommendation by the current or last employing
7-10 school district. The level two certificate shall be renewable upon
7-11 compliance with the following requirements:>
7-12 <(A) possession of a valid level two
7-13 certificate;>
7-14 <(B) completion of six semester hours of upper
7-15 division or graduate studies course work beyond the bachelor's
7-16 degree in an approved program in the area of certification or
7-17 teaching assignment, or completion of 90 hours of advanced academic
7-18 training as approved by the school district, or an equivalent
7-19 combination; and>
7-20 <(C) recommendation by the current or last
7-21 employing school district.>
7-22 <(c) Level Three. A level three certificate shall be valid
7-23 for five years from the date of recommendation by a school district
7-24 and shall be renewable. Requirements for the initial level three
7-25 certificate shall be as follows:>
7-26 <(1) possession of a valid level two certificate;>
7-27 <(2) completion of eight years of teaching experience
8-1 and a bachelor's degree, or five years of teaching experience and a
8-2 master's degree, or three years of teaching experience and a
8-3 doctorate; and>
8-4 <(3) recommendation by the current or last employing
8-5 school district. The level three certificate shall be renewable
8-6 upon compliance with the following requirements:>
8-7 <(A) possession of a valid level three
8-8 certificate;>
8-9 <(B) completion of six semester hours of upper
8-10 division or graduate studies course work beyond the current
8-11 certificate requirements in an approved program in the area of
8-12 certification or teaching assignment, or completion of 90 hours of
8-13 advanced academic training as approved by the school district, or
8-14 an equivalent combination; and>
8-15 <(C) recommendation by the current or last
8-16 employing school district.>
8-17 <(d) Master Teacher Certificate. A master teacher
8-18 certificate shall be valid for life. Requirements for the master
8-19 teacher certificate shall be as follows:>
8-20 <(1) possession of a valid level three certificate;>
8-21 <(2) eleven years of teaching experience and a
8-22 bachelor's degree, or eight years of teaching experience and a
8-23 master's degree, or five years of teaching experience with a
8-24 doctoral degree in an approved program of study; and>
8-25 <(3) recommendation by the current or last employing
8-26 school district.>
8-27 <(e) A school district shall recommend a teacher for
9-1 appropriate certificate level if the teacher is evaluated
9-2 satisfactory, exceeding expectation, or clearly outstanding and
9-3 meets the other requirements specified in this section.>
9-4 <Sec. 13.306.> Probationary Year. (a) The first year of
9-5 teaching shall be probationary, with the following requirements for
9-6 a teacher to enter into an initial contract for teaching:
9-7 (1) completion of a baccalaureate degree, or other
9-8 requirements as established by the State Board of Education;
9-9 (2) completion of an approved teacher education
9-10 program or admission into an alternative certification program;
9-11 (3) recommendation by an approved institution of
9-12 higher education; and
9-13 (4) satisfactory scores on a comprehensive examination
9-14 as prescribed by rule of the State Board of Education under Section
9-15 13.032 of this code.
9-16 (b) <At the end of the probationary year, a teacher shall
9-17 demonstrate satisfactory performance in every appraisal category in
9-18 order to receive district recommendation for level one
9-19 certification and entry to level one.>
9-20 <(c)> In the event that a first year teacher fails to
9-21 perform satisfactorily in each category of appraisal, the
9-22 probationary level may be extended to a second year upon
9-23 recommendation of the district, and the teacher shall be retained
9-24 at the beginning salary level. The district shall be required to
9-25 prescribe specific remediation for the second probationary year.
9-26 (c) <(d)> In the event that a probationary teacher fails to
9-27 perform satisfactorily in each category of appraisal at the end of
10-1 the second year, the teacher's contract shall not be renewed for
10-2 one year and thereafter until such time as the teacher completes
10-3 remedial instruction as recommended by the appraisal team that
10-4 evaluated that teacher.
10-5 <Sec. 13.307. LEVEL ONE ENTRY. (a) To enter level one, a
10-6 teacher must hold a level one certificate.>
10-7 <(b) A district may not renew the contract of a teacher who
10-8 fails to achieve at least satisfactory performance during either of
10-9 the first two years of experience at level one.>
10-10 <Sec. 13.308. LEVEL TWO ENTRY. To enter level two, a
10-11 teacher must have at least performance exceeding expectations
10-12 during the preceding year and satisfactory performance the other
10-13 year(s), hold a level two certificate, and must have:>
10-14 <(1) a B.A. or B.S. degree, three years of teaching
10-15 experience, and nine semester hours of higher education course work
10-16 or 135 hours of advanced academic training or an equivalent
10-17 combination so that one semester hour of higher education course
10-18 work is equivalent to 15 hours of advanced academic training; or>
10-19 <(2) an M.A. or M.S. degree in the subject taught and
10-20 two years of teaching experience.>
10-21 <Sec. 13.309. LEVEL THREE ENTRY. To enter level three, a
10-22 teacher must hold a level three certificate and must have:>
10-23 <(1) at least performance exceeding expectations
10-24 during three of the preceding four years and at least satisfactory
10-25 performance during the other year, five years of teaching at level
10-26 two, and six semester hours of higher education course work or 90
10-27 hours of advanced academic training or an equivalent combination so
11-1 that one semester hour of higher education course work is
11-2 equivalent to 15 hours of advanced academic training; or>
11-3 <(2) clearly outstanding performance during two of the
11-4 preceding three years and at least satisfactory performance during
11-5 the other year, three years of teaching at level two, and three
11-6 semester hours of training or an equivalent combination so that one
11-7 semester hour of higher education course work is equivalent to 15
11-8 hours of advanced academic training.>
11-9 <Sec. 13.310. LEVEL FOUR ENTRY. To enter level four, a
11-10 teacher must hold a master teacher certificate and must have:>
11-11 <(1) clearly outstanding performance during two of the
11-12 preceding three years and at least satisfactory performance during
11-13 the other year, three years of teaching at or above level three,
11-14 satisfactory performance on the master teacher examination, and six
11-15 semester hours of higher education course work or 90 hours of
11-16 advanced academic training or an equivalent combination so that one
11-17 semester hour of higher education course work is equivalent to 15
11-18 hours of advanced academic training; or>
11-19 <(2) clearly outstanding performance during three
11-20 consecutive years, two years of teaching at or above level three,
11-21 at least satisfactory performance on the master teacher
11-22 examination, and three semester hours of higher education course
11-23 work or 45 hours of advanced academic training or an equivalent
11-24 combination so that one semester hour of higher education course
11-25 work is equivalent to 15 hours of advanced academic training.>
11-26 <Sec. 13.311. LEVEL FOUR MAINTENANCE. (a) To remain at
11-27 level four, a teacher must have:>
12-1 <(1) clearly outstanding performance during two of
12-2 every three years and at least satisfactory performance during the
12-3 other year, been teaching in a classroom for not less than 60
12-4 percent of the school day, performance of two master teacher duties
12-5 every three years, and three semester hours of higher education
12-6 course work or 45 hours of advanced academic training or an
12-7 equivalent combination so that one semester hour of higher
12-8 education course work is equivalent to 15 hours of advanced
12-9 academic training; or>
12-10 <(2) clearly outstanding performance each year, been
12-11 teaching in a classroom for not less than 60 percent of the school
12-12 day, and performance of two master teacher duties every three
12-13 years.>
12-14 <(b) A teacher shall be reassigned from level four to level
12-15 three if the teacher does not meet the requirements of this
12-16 section.>
12-17 <Sec. 13.312. LEVEL TWO OR THREE MAINTENANCE. (a) A
12-18 teacher shall be reassigned from career ladder level three to
12-19 career ladder level two if the teacher has not better than
12-20 satisfactory performance at level three for two consecutive years.>
12-21 <(b) A teacher shall be reassigned from career ladder levels
12-22 three or two, as applicable, to career ladder level one if the
12-23 teacher's performance is below expectations.>
12-24 <(c) In the event that a school district determines that
12-25 reassignment to a lower level resulted from performance appraisals
12-26 that were influenced by extraordinary personal circumstances and
12-27 the teacher receives a clearly outstanding performance appraisal in
13-1 the year following reassignment, the school district may reinstate
13-2 the teacher to the former level. In any other case, a teacher
13-3 reassigned under this section may reenter higher levels only by
13-4 requalifying under the performance standards for entry into the
13-5 higher levels.>
13-6 <Sec. 13.313. REASSIGNMENT OF DUTIES. If a school district
13-7 reassigns a teacher to another grade level or another subject over
13-8 the objections of the teacher, the teacher may not be reassigned to
13-9 a lower career ladder level on the basis of performance appraisals
13-10 during the first three years in which the teacher teaches the new
13-11 grade level or subject.>
13-12 <Sec. 13.314. OUT-OF-STATE TEACHERS ENTERING CAREER LADDER
13-13 PROGRAM. A teacher who holds a teaching certificate from another
13-14 state may enter the career ladder program at the level assigned by
13-15 the school district, at the commensurate salary step, under a
13-16 probationary contract, with the following requirements:>
13-17 <(1) at the end of the first year teaching in the
13-18 state, the teacher must meet the requirements as established for
13-19 that level, other than the requirement for the prior certificate
13-20 held;>
13-21 <(2) in the event that such requirements are not met
13-22 satisfactorily, the teacher shall be maintained at the level below
13-23 assignment with no salary step increase; and>
13-24 <(3) failure to achieve satisfactory requirements
13-25 after the end of the second year of teaching shall result in
13-26 termination of contract. Upon satisfactory achievement of level
13-27 requirements, the district may recommend certification for that
14-1 level as established in Section 13.303 of this chapter.>
14-2 <Sec. 13.315. HIGHER EDUCATION COURSE WORK AND ADVANCED
14-3 ACADEMIC TRAINING. (a) Higher education course work and advanced
14-4 academic training must relate to the general subject area taught
14-5 and must be accredited by the board.>
14-6 <(b) The board shall include classroom management training
14-7 among the advanced academic training it accredits and shall specify
14-8 the amount of classroom management training required at each level.>
14-9 <Sec. 13.316. MASTER TEACHER COMPREHENSIVE EXAMINATION. (a)
14-10 The board shall promulgate rules for the active participation of
14-11 classroom teachers in developing and administering a comprehensive
14-12 master teacher examination and shall adopt guidelines for
14-13 determining the level of performance that is considered
14-14 satisfactory. The board shall promulgate rules for the active
14-15 participation of school librarians in developing and administering
14-16 an examination to be given to public school librarians and shall
14-17 adopt guidelines for determining the level of performance that is
14-18 considered satisfactory.>
14-19 <(b) The examination must include oral and written tests and
14-20 other assessment instruments.>
14-21 <Sec. 13.317. MASTER TEACHER DUTIES. The board shall define
14-22 master teacher duties. Among the duties that must be included are
14-23 supervising student teachers; acting as team leader, mentor, or
14-24 department chairman; conducting advanced academic training; and
14-25 assessing level four candidates. The master teacher shall be,
14-26 insofar as is practicable, maintained in the classroom and shall
14-27 not be assigned duties of an administrator. However, this
15-1 provision shall not prohibit the master teacher from serving on an
15-2 evaluation team.>
15-3 Sec. 13.306 <13.318>. APPRAISAL ON BASIS OF CLASSROOM
15-4 TEACHING PERFORMANCE. A teacher who directs extracurricular
15-5 activities in addition to performing classroom teaching duties
15-6 shall be appraised only on the basis of classroom teaching
15-7 performance and not on performance in connection with the
15-8 extracurricular activities.
15-9 Sec. 13.307 <13.319>. FINALITY OF DISTRICT DECISION. A
15-10 decision of the district is final and is subject to appeal only if
15-11 the decision of the district was arbitrary and capricious or made
15-12 in bad faith.
15-13 <Sec. 13.320. NOT PROPERTY RIGHT. A teacher who has earned
15-14 a level one, level two, level three, or master teacher certificate
15-15 in accordance with this chapter has a right to retain that
15-16 certificate until it has expired or is duly suspended, revoked, or
15-17 otherwise removed in accordance with law. However, assignment to
15-18 career ladder level one, level two, level three, or level four is
15-19 neither a property right nor the equivalent of tenure.>
15-20 <Sec. 13.321. TRANSFER BETWEEN DISTRICTS. (a) A teacher is
15-21 entitled to transfer a career ladder level assignment between
15-22 districts, and a district may recognize the appraisal of a district
15-23 previously employing the teacher in determining a career ladder
15-24 level assignment.>
15-25 <(b) A teacher may waive entitlement to a particular career
15-26 ladder level assignment when changing employment from one district
15-27 to another.>
16-1 <Sec. 13.322. CREDIT RETAINED. A teacher is entitled to
16-2 retain credit given before the effective date of this subchapter
16-3 for higher education course work or advanced academic training. A
16-4 teacher is also entitled to be given credit for higher education
16-5 course work or advanced academic training begun before and in
16-6 progress on the effective date of this subchapter if the teacher
16-7 would have been given credit for the course if it had been
16-8 completed before that date.>
16-9 Sec. 13.308 <13.323>. EFFECT ON OTHER RIGHTS. Nothing in
16-10 this subchapter affects a teacher's rights to challenge nonrenewal
16-11 of a contract under Subchapter G, Chapter 21, of this code, or
16-12 affects a teacher's rights to challenge discharge during the year,
16-13 dismissal at the end of the year, or the return to probationary
16-14 contract status under Subchapter C, Chapter 13, of this code, or
16-15 affects a teacher's right to present grievances under Chapter 135,
16-16 Acts of the 50th Legislature, Regular Session, 1947 (Article 5154c,
16-17 Vernon's Texas Civil Statutes).
16-18 SECTION 1.03. Sections 16.057 and 16.158, Education Code,
16-19 are repealed.
16-20 SECTION 1.04. This article applies beginning with the
16-21 1993-1994 school year.
16-22 ARTICLE 2. SCHOOL DISTRICT AND SITE-BASED DECISION MAKING
16-23 SECTION 2.01. Sections 21.930(a), (b), (c), and (g),
16-24 Education Code, are amended to read as follows:
16-25 (a) The board of trustees of each school district shall
16-26 adopt a policy to involve the professional staff of the district
16-27 and parents of district students in establishing and reviewing the
17-1 district's educational goals, objectives, and major district-wide
17-2 classroom instructional programs.
17-3 (b) The board shall establish a procedure under which
17-4 meetings are held regularly with representative professional staff
17-5 and parents and the board or board designee.
17-6 (c) The board shall adopt a procedure, consistent with
17-7 Section 21.904(a) of this code, for the professional staff within
17-8 the district to nominate and elect the staff representatives and
17-9 for parents of district students to nominate and elect the parent
17-10 representatives who will meet with the board or the board designee
17-11 as required under the provisions of this section. Two-thirds of
17-12 the elected representatives must be classroom teachers. The
17-13 remaining representatives shall be campus-based staff and parents.
17-14 (g) Each district shall annually report to the Central
17-15 Education Agency the involvement of the district's professional
17-16 staff and parents in district-level decisions under the policy and
17-17 procedures adopted under this section. The agency shall compile
17-18 the district reports into a single report and present that report
17-19 annually to the legislature.
17-20 SECTION 2.02. Section 21.931, Education Code, is amended to
17-21 read as follows:
17-22 Sec. 21.931. SITE-BASED DECISION MAKING. (a) Each school
17-23 district shall develop and implement a plan for site-based decision
17-24 making <not later than September 1, 1992>. Each district shall
17-25 submit its plan to the commissioner of education for approval.
17-26 (b) Each district's plan:
17-27 (1) shall establish school committees;
18-1 (2) may expand on the process established by the
18-2 district under Section 21.7532 of this code for the establishment
18-3 of campus performance objectives; and
18-4 (3) shall outline the role of the school committees
18-5 regarding decision making related to goal setting, curriculum,
18-6 budgeting, staffing patterns, and school organization.
18-7 (c) A school committee established under this section shall
18-8 include parents of children attending the school and community
18-9 representatives. The community representatives may include
18-10 business representatives.
18-11 (d) <The commissioner may not approve a plan that the
18-12 commissioner determines contains one or more provisions that may be
18-13 construed as limiting or affecting the power of the board of
18-14 trustees of the school district to govern and manage the district
18-15 or as limiting the responsibilities of the trustees.>
18-16 <(e)> The commissioner shall identify or make available to
18-17 school districts various models for implementing site-based
18-18 decision making under this section <not later than January 1,
18-19 1992>. The commissioner shall arrange for training in site-based
18-20 decision making through one or more sources for school board
18-21 trustees, superintendents, principals, teachers, parents, and other
18-22 members of school committees.
18-23 (e) <(f)> Nothing in this section may be construed as
18-24 creating a new cause of action or requiring collective bargaining.
18-25 SECTION 2.03. Section 13.352(d), Education Code, is
18-26 repealed.
18-27 SECTION 2.04. This article applies beginning with the
19-1 1993-1994 school year.
19-2 ARTICLE 3. EXCELLENCE AWARDS
19-3 SECTION 3.01. Subchapter A, Chapter 34, Education Code, is
19-4 amended by adding Section 34.008 to read as follows:
19-5 Sec. 34.008. GOLDEN APPLE AWARDS. (a) The Golden Apple
19-6 Award Program is established to reward teachers, librarians, and
19-7 principals nominated for recognition for excellence in student
19-8 achievement. The program is part of the Texas Successful School
19-9 Award System.
19-10 (b) The commissioner of education shall administer the
19-11 program and shall promulgate rules governing the presentation of
19-12 golden apple awards to nominees under this section.
19-13 (c) The awards may include tuition for one or more semesters
19-14 of study at a state institution of higher education, a sabbatical,
19-15 cash, or other forms of recognition designated by the commissioner.
19-16 The aggregate annual cost of the awards may not exceed $1 million.
19-17 ARTICLE 4. STAFF DEVELOPMENT
19-18 SECTION 4.01. Subchapter A, Chapter 11, Education Code, is
19-19 amended by adding Section 11.2082 to read as follows:
19-20 Sec. 11.2082. STAFF DEVELOPMENT FACULTY GROUP. (a) The
19-21 commissioner of education shall establish a staff development
19-22 faculty group to instruct teachers and administrators in effective
19-23 teaching practices.
19-24 (b) The commissioner shall select a total of not more than
19-25 100 teachers, administrators, and other educators from throughout
19-26 the state to serve on the faculty.
19-27 (c) Each member of the faculty shall receive training in
20-1 teaching practices the commissioner has determined to be the most
20-2 effective, based on national and international research.
20-3 (d) The principal of a school may request a staff
20-4 development faculty group member or team to visit the school to
20-5 provide instruction.
20-6 (e) Instruction provided under this section may be applied
20-7 to staff development requirements under Section 16.052(b) of this
20-8 code.
20-9 (f) Based on the commissioner's recommendations, the State
20-10 Board of Education shall adopt rules necessary to carry out this
20-11 section, including rules establishing qualifications and a training
20-12 program for faculty members and rules governing application and
20-13 funding approval for a faculty visit to a school.
20-14 SECTION 4.02. The State Board of Education shall adopt rules
20-15 necessary to carry out Section 11.2082, Education Code, as added by
20-16 this article, not later than January 1, 1994.
20-17 ARTICLE 5. THREE-YEAR HIGH SCHOOL INCENTIVE: TUITION
20-18 CREDITS PROGRAM
20-19 SECTION 5.01. Chapter 56, Education Code, is amended by
20-20 adding Subchapter J to read as follows:
20-21 SUBCHAPTER J. THREE-YEAR HIGH SCHOOL
20-22 INCENTIVE: TUITION CREDITS
20-23 Sec. 56.161. PROGRAM NAME. The student financial assistance
20-24 program authorized by this subchapter is known as the Three-Year
20-25 High School Incentive: Tuition Credits program.
20-26 Sec. 56.162. PURPOSE. (a) The Three-Year High School
20-27 Incentive: Tuition Credits program is created to increase
21-1 efficiency in the foundation school program and to provide tuition
21-2 assistance to an eligible person to enable that person to attend a
21-3 Texas public or private institution of higher education.
21-4 (b) A portion of the savings to the foundation school
21-5 program that occur as a result of the program is dedicated to
21-6 tuition credits provided by the program.
21-7 Sec. 56.163. ELIGIBLE PERSON. (a) To be eligible for the
21-8 Three-Year High School Incentive: Tuition Credits program, a
21-9 person must:
21-10 (1) have successfully completed the requirements for a
21-11 public high school diploma in not more than three years and
21-12 graduated or be eligible for graduation from a Texas public high
21-13 school; and
21-14 (2) be a Texas resident as defined by Texas Higher
21-15 Education Coordinating Board rules.
21-16 (b) Each school district shall certify annually to the
21-17 coordinating board the names and other identifying information of
21-18 those students in the district who are eligible under this section.
21-19 Sec. 56.164. ENTITLEMENT. An eligible person under the
21-20 Three-Year High School Incentive: Tuition Credits program is
21-21 entitled to $1,000 in tuition credits at a Texas public or private
21-22 institution of higher education. The use of a credit at a Texas
21-23 private institution is contingent upon a private institution's
21-24 agreement to match the state's credit. A student's credit expires
21-25 at the end of two years unless the Texas Higher Education
21-26 Coordinating Board's rules authorize an extension.
21-27 Sec. 56.165. ADMINISTRATIVE AUTHORITY. The Texas Higher
22-1 Education Coordinating Board shall provide a certificate for
22-2 tuition credit to an eligible person.
22-3 Sec. 56.166. PAYMENT OF TUITION CREDIT; AMOUNT. On the
22-4 receipt of a report from an eligible institution of higher
22-5 education of the enrollment of an eligible person, the Texas Higher
22-6 Education Coordinating Board shall distribute to the eligible
22-7 institution of higher education the lesser of the amount of the
22-8 tuition credit or the actual amount of the person's tuition charges
22-9 for that enrollment period.
22-10 Sec. 56.167. ADOPTION AND DISTRIBUTION OF RULES. (a) The
22-11 Texas Higher Education Coordinating Board shall adopt rules to
22-12 administer this subchapter.
22-13 (b) The coordinating board shall distribute copies of all
22-14 rules adopted under this subchapter to each eligible institution of
22-15 higher education and to each school district.
22-16 Sec. 56.168. FUNDING. (a) The Three-Year High School
22-17 Incentive: Tuition Credits program is financed under the
22-18 foundation school program. Funding for the credits is not subject
22-19 to the provisions of Section 16.254(d) of this code.
22-20 (b) Not later than October 1 of each year, the Texas Higher
22-21 Education Coordinating Board shall file a report with the
22-22 commissioner of education and the foundation school fund budget
22-23 committee. The report shall include the number of students who are
22-24 entitled to the tuition credits, the tuition credits disbursed
22-25 under the program, and a projection of future funding for the
22-26 program.
22-27 (c) Out of funds appropriated for the foundation school
23-1 program, the commissioner of education shall transfer to the
23-2 coordinating board each year an amount sufficient to fund tuition
23-3 credits for students who satisfy the eligibility requirements under
23-4 Section 56.163 of this code.
23-5 (d) The commissioner of education and the foundation school
23-6 fund budget committee shall consider the costs of the program in
23-7 estimating the funds needed for foundation school program purposes.
23-8 ARTICLE 6. EMERGENCY
23-9 SECTION 6.01. The importance of this legislation and the
23-10 crowded condition of the calendars in both houses create an
23-11 emergency and an imperative public necessity that the
23-12 constitutional rule requiring bills to be read on three several
23-13 days in each house be suspended, and this rule is hereby suspended,
23-14 and that this Act take effect and be in force from and after its
23-15 passage, and it is so enacted.