HBA-LCA H.B. 2307 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2307
By: Keffer
Public Education
7/28/1999
Enrolled



BACKGROUND AND PURPOSE 

H.B. 2307 creates the Master Reading Teacher Grant Program (program) and
establishes the manner in which school districts are funded for the
program, as well as criteria teachers must meet in order to receive a
stipend from the program.  Furthermore, this bill requires the State Board
for Educator Certification to establish a master reading teacher
certificate in order to attain the program goals and sets forth eligibility
requirements teachers must meet in order to receive this certificate. 

H.B. 2307 also creates a staff development account in the general revenue
fund which consists of gifts, grants, donations, appropriations for staff
development, and any other money transferred by law to the account.  This
bill authorizes the commissioner of education to allocate funds from the
account to provide staff development resources to a school district that is
rated academically unacceptable, has one or more low-performing campuses,
or otherwise needs assistance. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 1 (Section 21.410, Education Code) and SECTION 3 (Section 21.453,
Education Code), and to the State Board for Educator Certification in
SECTION 6 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter I, Chapter 21, Education Code, by adding
Section 21.410, as follows:  

Sec. 21.410.  MASTER READING TEACHER GRANT PROGRAM. (a) Requires the
commissioner of education (commissioner) or a person designated by the
commissioner of education to establish a master reading teacher grant
program to fulfill certain goals with respect to teacher certification and
improving student reading performance.  

(b)  Requires the commissioner to make grants from appropriated funds to
school districts (districts) to pay stipends to selected certified master
reading teachers who teach at highneed campuses. 

(c) Requires the commissioner, using certain criteria, including those
established by the commissioner by rule, to annually identify each
high-need campus in a district.  Requires the commissioner to also use this
criteria to rank campuses in order of greatest need.  

(d)  Authorizes a district to apply to the commissioner for grants for each
identified highneed campus to pay stipends to certified master reading
teachers.  Provides that each grant is in the amount of $5,000, unless
reduced under Subsection (g) or (i).  Sets forth conditions under which the
commissioner shall approve an application from a district.  

(e)  Provides that a stipend under Subsection (d) is in the amount of
$5,000, unless reduced under Subsection (g) or (i).  

(f)  Requires the commissioner to adopt rules for the distribution of
grants to districts in  years following the initial grant.  Sets forth
conditions under which a district need not reapply for a grant for two
consecutive school years following the year of the initial grant.  

(g)  Requires the commissioner to reduce payments to a district
proportionately to the extent that the teacher does not meet the
requirements for the entire school year as specified under Subsection (d).
Establishes conditions under which the board of trustees (board) of a
district is required to select certified master reading teachers to receive
stipends based on a policy adopted by the board in the event that there are
more certified teachers than grants available.  Provides that the
district's decision is final and may not be appealed.   Prohibits the
district from apportioning among teachers a stipend paid for with a grant.
Authorizes a district to use local money to pay additional stipends in
amounts determined by the district.  

(h)  Specifies that a grant a district receives under this section is in
addition to any funding it receives under Chapter 42 (Foundation School
Program), Education Code.  Requires the commissioner to distribute funds
under this section with the Foundation School Program payment to which the
district is entitled as soon as practicable after the school year's end a
determined by the commissioner.  Entitles a district to which Chapter 41
(Equalized Wealth Level), Education Code, applies to grants paid under this
section. Requires the commissioner to determine the timing of the
distribution of grants to a district not receiving Foundation School
Program payments.  

(i)  Establishes that this section does not create a property right to a
grant or stipend. Entitles a district entitled to a grant to carry out the
purposes of this section to the extent the commissioner makes the grant in
accordance with this section and only to the extent that sufficient state
funds are appropriated.   Requires the commissioner to reduce the grant
paid to each district if the appropriated funds are insufficient to fully
fund the grant, and requires each district to reduce the stipend to each
teacher, so that each teacher receives the same amount of money,
proportionately.  

(j)  Establishes that the commissioner's decision regarding the amount of
money each district is entitled to is final and may not be appealed.
Requires each district to provide necessary proof to the commissioner of
the master reading teacher certification of the teacher receiving the
stipend, in the manner and time the commissioner prescribes.  

(k)  Authorizes the commissioner to audit the expenditure of appropriated
money. Requires a district's use of the appropriated money to be verified
as part of the district audit under Section 44.008 (Annual Audit; Report),
Education Code. 

(l)  Provides that the stipend awarded to a teacher is not considered in
determining whether the district is paying the teacher the minimum monthly
salary under Section 21.402 (Minimum Salary Schedule for Classroom Teachers
and Full-Time Librarians), Education Code.  

(m)  Authorizes the commissioner to adopt other rules as necessary to
implement this section.  

SECTION 2.  Amends Subchapter B, Chapter 21, Education Code, by adding
Section 21.0481, as follows:  

Sec. 21.0481.  MASTER READING TEACHER CERTIFICATION.  Requires the State
Board for Educator Certification to establish a master reading teacher
certificate and to issue a master reading certificate to each eligible
person.  Sets forth requirements to be eligible for a master reading
teacher certificate.  

SECTION 3.  Amends Subchapter J, Chapter 21, Education Code, by adding
Section 21.453, as follows: 

 Sec. 21.453.  STAFF DEVELOPMENT ACCOUNT.  (a)  Provides that the staff
development account (account) is an account in the general revenue fund
consisting of gifts, grants, donations, appropriations for staff
development, and any other money transferred by law to the account.
Authorizes funds in the account to be used only as provided by this
section. 

(b) Authorizes the commissioner to allocate funds from the account to
regional education service centers to provide staff development resources
to school districts that are rated academically unacceptable, have one or
more low-performing campuses, or otherwise need assistance, as determined
by the commissioner. 

(c)  Provides that a school district receiving staff development resources
must pay to the commissioner half its cost of the resources provided for
deposit to the account. 

(d)  Authorizes the commissioner to adopt rules governing the allocation
and use of funds under this section. 

SECTION 4.  Amends Section 39.075(c), Education Code, to authorize the
commissioner to take action under Sections 39.131(a) (1) through (8)
(Sanctions) to improve any area of a district's performance, including its
financial accounting practice, regardless of whether the commissioner
lowers its accreditation rating under Subchapter G (Accreditation
Sanctions). 

SECTION 5.  Amend Section 822.201(b), Government Code, as amended by
Chapters 330 and 1035, Acts of the 75th Legislature, Regular Session, 1997,
as follows: 

(b)  Redefines "salary and wages" to make conforming changes with respect
to stipends paid to teachers according to Section 21.410, Education Code. 

SECTION 6.  Requires the State Board for Educator Certification to propose
rules establishing requirements and prescribing an examination for master
reading teacher certification no later than January 1, 2001.   

SECTION 7.  Makes this Act effective only if a specific appropriation for
its implementation is provided in H.B. 1 (General Appropriations Act), Acts
of the 76th Legislature, Regular Session, 1999.     

SECTION 8. Emergency clause.
  Effective date: upon passage.