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.