SRC-JJJ S.B. 3 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 3
76R9436 CAS-DBy: Bivins
Education
4/19/1999
As Filed


DIGEST 

Currently, there are approximately 7,000 certified reading  specialists in
Texas, but of that number, over 40 percent are not working in public
schools.  While the number of reading proficient students is improving, the
state has not reached the goal of having all students reading at grade
level.  S.B. 3 would establish conditions regarding master reading teacher
certification and allotments. 

PURPOSE

As proposed, S.B. 3 establishes conditions regarding master reading teacher
certification and allotments. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education in SECTION
2 (Section 21.410(k), Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21B, Education Code, by adding Section 21.0481,
as follows: 

Sec. 21.0481.  MASTER READING TEACHER CERTIFICATION.  Requires the State
Board for Educator Certification (board) to issue a master reading teacher
certificate to each eligible person.  Sets forth requirements to be
eligible for a master reading teacher certificate.  
SECTION 2.  Amends Chapter 21I, Education Code, by adding Section 21.410,
as follows: 

Sec. 21.410.  MASTER READING TEACHER ALLOTMENTS.  Entitles a school
district or open-enrollment charter school to an annual allotment out of
state funds specifically appropriated for that purpose in an amount equal
to $5,000 for every 1,000 students in average daily attendance in the
district, not including student enrolled at a low-performing campus,
providing certain exceptions.  Entitles a district or open-enrollment
charter school, in addition to the allotment, to an annual allotment out of
state funds specifically appropriated for that purpose of $14,000 for each
individual low-performing campus. Requires a district or open-enrollment
charter school to use the money the district or school receives to pay one
$5,000 stipend for every $5,000 received, and two $7,000 stipends for every
$14,000 received for low-performing campuses.  Authorizes a stipend to be
paid to a master reading teacher only if certain requirements are
fulfilled.  Requires the district or open-enrollment charter school to pay
a $5,000 stipend to a properly certified teacher at a campus that is not
low-performing and a $7,000 stipend to a properly certified teacher who
teaches at a low-performing school.  Requires the commissioner of education
(commissioner) to reduce payments to a district or school proportionately
to the extent a teacher does not meet the requirements for the entire
school year.  Requires a district or school that employs more master
reading teachers than the number of stipends available to select the
certified teachers to whom to pay those stipends based on a policy adopted
by the board of trustees of the district or the governing body of the
school.  Provides that the decision of the district or school is final and
may not be appealed.  Prohibits the district or school from apportioning
the stipends among teachers.  Authorizes the school to use local money to
pay additional stipends in amounts determined by the district or school.
Authorizes a district to  distribute the assignment of certified master
reading teachers among campuses as the district determines best meets the
needs of district students.  Provides that an allotment under this section
is in addition to any other funding received by the district or school.
Requires the commissioner to distribute funds with the next entitled
Foundation School Program payment. Requires the commissioner to determine
the timing of the distribution of funds to a district that does not receive
Foundation School Program payments.  Provides that this section does not
create a property right to an allotment or stipend.  Entitles a district or
school to carry out the purposes of this section only to the extent
sufficient state funds are appropriated. Requires the commissioner to
reduce the allotment per school district or school and the stipend to each
teacher, if the appropriated state funds are insufficient to fully fund the
allotment, so that each teacher receives the same amount of money.
Prohibits an appeal of a decision of the commissioner concerning the amount
of money each district or school receives.  Sets forth requirements from
each district or school prescribed by the commissioner.  Authorizes the
commissioner to audit the expenditure of appropriated money. Requires that
a district's use of the appropriated money shall be verified.  Provides
that a stipend under this section is not considered in determining whether
the district is paying the teacher the minimum monthly salary.  Requires
the commissioner by rule to define "campus" for this section.  Authorizes
the commissioner to adopt other rules as necessary to implement this
section.   
  
SECTION 3.  Amends Section 822.201(b), Education Code, to redefine "salary
and wages." 

SECTION 4.  (a)  Requires the board to propose rules establishing
requirements and prescribing an examination for master reading teacher
certification not later than January 1, 2001. 

(b)  Authorizes a district or school, for the 2000-2001 school year, to pay
stipends as added by this Act to teachers who hold a reading specialist
certificate rather than a master reading teacher certificate, and who
satisfactorily complete training prescribed  by the Texas Education Agency
to teach reading to students.  Provides that after the 2000-2001 school
year only teachers with the master reading teacher certificate are eligible
for the stipends.   
 
SECTION 5.  Emergency clause.
            Effective date: upon passage.