By Delisi H.B. No. 728
76R4081 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of a program that provides incentives for
1-3 teachers to acquire additional teaching knowledge and skills.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 21, Education Code, is
1-6 amended by adding Section 21.358 to read as follows:
1-7 Sec. 21.358. LONE STAR TEACHER INCENTIVE PROGRAM. (a) The
1-8 commissioner shall administer the Lone STAR Teacher Incentive
1-9 Program to recognize and reward classroom teachers for continuous
1-10 acquisition of knowledge and skills related to teaching.
1-11 (b) The program measures classroom teacher advancement in
1-12 the program using State Teacher Advancement and Remuneration
1-13 credits (STARs). The program contains 15 STARs grouped into three
1-14 clusters designated red, white, and blue, respectively, with each
1-15 cluster containing five STARs. Each STARs cluster is organized
1-16 into three tiers, with two tiers containing two STARs each and one
1-17 tier containing the highest STAR value in that cluster, as follows:
1-18 (1) tier one consists of the first red STAR and the
1-19 second red STAR;
1-20 (2) tier two consists of the third red STAR and the
1-21 fourth red STAR;
1-22 (3) tier three consists of the fifth red STAR;
1-23 (4) tier four consists of the first white STAR and the
1-24 second white STAR;
2-1 (5) tier five consists of the third white STAR and the
2-2 fourth white STAR;
2-3 (6) tier six consists of the fifth white STAR;
2-4 (7) tier seven consists of the first blue STAR and the
2-5 second blue STAR;
2-6 (8) tier eight consists of the third blue STAR and the
2-7 fourth blue STAR; and
2-8 (9) tier nine consists of the fifth blue STAR.
2-9 (c) A classroom teacher may participate in the program if
2-10 the teacher:
2-11 (1) submits an application to the commissioner in the
2-12 time and manner prescribed by the commissioner;
2-13 (2) is certified under Subchapter B; and
2-14 (3) is competent in the use of instructional
2-15 technology as determined by the commissioner in compliance with
2-16 guidelines adopted by the commissioner for that purpose.
2-17 (d) A classroom teacher is entitled to earn STARs as
2-18 follows:
2-19 (1) one STAR for:
2-20 (A) each additional certification under
2-21 Subchapter B to teach at a grade level or in a subject area not
2-22 covered by the teacher's initial certification;
2-23 (B) a certification as a reading specialist;
2-24 (C) a year-long assignment to teach a
2-25 specialized reading course, an advanced placement course, or a
2-26 course in a critical teaching shortage area, as identified and
2-27 defined by the commissioner, for which the teacher is certified; or
3-1 (D) completion of 100 hours of appropriate
3-2 continuing professional education or six college credit hours in an
3-3 area of the teacher's certification; or
3-4 (2) five STARs for:
3-5 (A) a National Board Certification as defined by
3-6 the National Board for Professional Teaching Standards;
3-7 (B) a master's degree in an area for which the
3-8 teacher is certified; or
3-9 (C) a doctoral degree in an area for which the
3-10 teacher is certified.
3-11 (e) Any hours of continuing professional education and
3-12 college credit hours earned in the completion of a master's or
3-13 doctoral degree may not be counted towards STARs under Subsection
3-14 (d).
3-15 (f) A classroom teacher is entitled to credit for a STAR
3-16 earned under Subsection (d)(1)(C) only for the year in which the
3-17 teacher earns the STAR. A teacher is entitled to credit for any
3-18 other STAR as long as the teacher complies with this subsection. A
3-19 teacher must advance at least one tier during every five-year
3-20 period of participation in the program. A teacher who does not
3-21 meet this requirement of continuous advancement falls back to or
3-22 remains at the lower STAR within the teacher's current tier. The
3-23 commissioner shall allow a teacher additional time to meet this
3-24 continuous advancement requirement if the teacher demonstrates to
3-25 the commissioner that the teacher is:
3-26 (1) enrolled full-time in an advanced degree program
3-27 at an institution of higher education;
4-1 (2) serving on active duty as a member of the armed
4-2 forces of the United States;
4-3 (3) unable to complete the continuous advancement
4-4 requirement because of a temporary disability; or
4-5 (4) subject to a special circumstance that the
4-6 commissioner determines prevents the teacher from meeting the
4-7 continuous advancement requirement.
4-8 (g) A certification other than that for a classroom teacher,
4-9 such as for principal, superintendent, counselor, or educational
4-10 aide, may not be counted towards STARs under Subsection (d).
4-11 (h) The commissioner shall:
4-12 (1) not later than June 1 of each year, compile and
4-13 publicize a list of critical teaching shortage areas for the
4-14 following school year using information from the Public Education
4-15 Information Management System (PEIMS) and the State Board for
4-16 Educator Certification;
4-17 (2) annually compute the number and distribution of
4-18 STARs to which classroom teachers are entitled for that school year
4-19 using information from the Public Education Information Management
4-20 System (PEIMS) and the State Board for Educator Certification and
4-21 report this information to the teachers, school districts, the
4-22 State Board of Education, and the governor;
4-23 (3) annually determine the monetary value of a STAR
4-24 based on available appropriations and the total number of STARs to
4-25 which classroom teachers were entitled for the preceding school
4-26 year, provided that each STAR has a value equal to all other STARs;
4-27 (4) subject to available money, annually award each
5-1 district an amount of money equal to the number of STARs to which
5-2 classroom teachers in the district were entitled for the preceding
5-3 school year, multiplied by the monetary value for that year
5-4 determined under Subdivision (3);
5-5 (5) annually provide each district with a list
5-6 specifying the uniform monetary value of STARs, the number of STARs
5-7 to which each classroom teacher in the district who participates in
5-8 the program is entitled, and the amount of money to be paid to each
5-9 teacher; and
5-10 (6) develop and publicize guidelines to determine
5-11 which continuing professional education programs, college courses,
5-12 and advanced degrees are considered to be in areas of teacher
5-13 certification.
5-14 (i) A district receiving grants under this section shall pay
5-15 each classroom teacher an amount of money equal to the number of
5-16 STARs to which the teacher was entitled for the preceding school
5-17 year multiplied by the monetary value of a STAR determined under
5-18 Subsection (h)(3). The district shall pay each teacher one-half of
5-19 the teacher's money on the last payday of the fall semester or
5-20 December 15, whichever is later, and one-half of the teacher's
5-21 money on the last payday of the spring semester or June 15,
5-22 whichever is later.
5-23 (j) A classroom teacher is responsible for:
5-24 (1) maintaining documentation of the teacher's
5-25 certifications, teaching assignments, continuing professional
5-26 education hours, and advanced degrees;
5-27 (2) ensuring that program records concerning the
6-1 teacher's participation are updated; and
6-2 (3) notifying the commissioner of errors or omissions
6-3 in the teacher's record.
6-4 (k) A classroom teacher is not required to participate in
6-5 the program as a condition of continued certification under
6-6 Subchapter B.
6-7 (l) The Lone STAR Teacher Incentive Program is funded by
6-8 amounts appropriated from the state lottery account or from other
6-9 available sources, including gifts, grants, and donations accepted
6-10 for that purpose.
6-11 SECTION 2. Section 466.355(b), Government Code, is amended
6-12 to read as follows:
6-13 (b) Money in the state lottery account may be used only for
6-14 the following purposes and shall be distributed as follows:
6-15 (1) the payment of prizes to the holders of winning
6-16 tickets;
6-17 (2) the payment of costs incurred in the operation and
6-18 administration of the lottery, including any fees received by a
6-19 lottery operator, provided that the costs incurred in a fiscal
6-20 biennium may not exceed an amount equal to 12 percent of the gross
6-21 revenue accruing from the sale of tickets in that biennium;
6-22 (3) the establishment of a pooled bond fund, lottery
6-23 prize reserve fund, unclaimed prize fund, and prize payment
6-24 account; [and]
6-25 (4) the transfer to the Texas Education Agency of any
6-26 amount appropriated for the current state fiscal year for the Lone
6-27 STAR Teacher Incentive Program under Section 21.358, Education
7-1 Code; and
7-2 (5) the balance, after creation of a reserve
7-3 sufficient to pay the amounts needed or estimated to be needed
7-4 under Subdivisions (1) through (3), to be transferred to the
7-5 foundation school fund, on or before the 15th day of each month.
7-6 SECTION 3. (a) This Act applies beginning with the
7-7 2000-2001 school year.
7-8 (b) A classroom teacher is entitled to credit for an
7-9 advanced degree, an additional certification, continuing education,
7-10 or college credit under the Lone STAR Teacher Incentive Program
7-11 under Section 21.358, Education Code, as added by this Act,
7-12 regardless of when the degree or certification was obtained or the
7-13 continuing professional education or college credit was completed.
7-14 A classroom teacher is entitled to credit under the Lone STAR
7-15 Teacher Incentive Program for an assignment to teach a course
7-16 specified by Section 21.358(d)(1)(C), Education Code, as added by
7-17 this Act, only for an assignment for the 2000-2001 school year or a
7-18 subsequent school year.
7-19 SECTION 4. The importance of this legislation and the
7-20 crowded condition of the calendars in both houses create an
7-21 emergency and an imperative public necessity that the
7-22 constitutional rule requiring bills to be read on three several
7-23 days in each house be suspended, and this rule is hereby suspended,
7-24 and that this Act take effect and be in force from and after its
7-25 passage, and it is so enacted.