By Grusendorf H.B. No. 500
77R1243 ESH/CAS/KKA/BDH
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 7, Education Code, is
1-5 amended by adding Section 7.006 to read as follows:
1-6 Sec. 7.006. COORDINATION OF RECORDS. The commissioner of
1-7 education and the commissioner of higher education shall ensure
1-8 that records relating to student performance held by the Texas
1-9 Education Agency and the Texas Higher Education Coordinating Board
1-10 are coordinated and maintained in standardized, compatible formats
1-11 that permit:
1-12 (1) the exchange of information between the agencies;
1-13 and
1-14 (2) the matching of individual student records so that
1-15 a student's academic performance may be assessed throughout the
1-16 student's educational career.
1-17 SECTION 2. Subchapter A, Chapter 21, Education Code, is
1-18 amended by adding Section 21.005 to read as follows:
1-19 Sec. 21.005. TEACHER MENTOR AND INDUCTION PROGRAMS. (a) To
1-20 the extent that funds are available, the commissioner shall make
1-21 grants to school districts of:
1-22 (1) $3,000 for each new teacher employed by the
1-23 district who holds a certificate under Section 21.049 or a permit
1-24 under Section 21.055; and
2-1 (2) $1,000 for each new teacher employed by the
2-2 district who holds a certificate under Section 21.044 or 21.052.
2-3 (b) A school district shall use money received under
2-4 Subsection (a) only to support one or more of the following
2-5 programs in the district:
2-6 (1) a mentor or induction program for new teachers;
2-7 (2) employment of new teachers under a 12-month
2-8 contract that provides training and professional development;
2-9 (3) signing bonuses for employment of new teachers in
2-10 shortage areas; or
2-11 (4) payment of college tuition for appropriate
2-12 semester credit hours received by a new teacher.
2-13 SECTION 3. Subchapter B, Chapter 21, Education Code, is
2-14 amended by adding Section 21.0491 to read as follows:
2-15 Sec. 21.0491. ALTERNATIVE CERTIFICATION OF PERSON HOLDING
2-16 BACHELOR'S DEGREE. (a) In addition to issuing teaching
2-17 certificates to persons to whom Section 21.050 applies, the board
2-18 may issue a teaching certificate to a person who:
2-19 (1) holds a bachelor's degree received with an
2-20 academic major or interdisciplinary academic major, including
2-21 reading, other than education, that is related to at least one area
2-22 of the curriculum as prescribed under Subchapter A, Chapter 28; and
2-23 (2) performs satisfactorily on the examination
2-24 prescribed under Section 21.048.
2-25 (b) A person who holds a bachelor's degree with an academic
2-26 major related to only one area of the curriculum prescribed under
2-27 Subchapter A, Chapter 28, may receive a certificate to teach only
3-1 in that subject area.
3-2 SECTION 4. Section 22.051(a), Education Code, is amended to
3-3 read as follows:
3-4 (a) A professional employee of a school district is not
3-5 personally liable for any act that is incident to or within the
3-6 scope of the duties of the employee's position of employment and
3-7 that involves the exercise of judgment or discretion on the part of
3-8 the employee, except in circumstances in which a professional
3-9 employee uses excessive force in the discipline of students or
3-10 negligence resulting in bodily injury to students. This subsection
3-11 also applies to a professional employee of a school district who
3-12 provides personnel information on a current or former employee of
3-13 the school district to another school or district.
3-14 SECTION 5. (a) Section 21.057, Education Code, is amended
3-15 to read as follows:
3-16 Sec. 21.057. PARENTAL NOTIFICATION. (a) A school district
3-17 shall provide notice to parents of students regarding the
3-18 qualifications of district teachers not less than once each school
3-19 year. The agency shall develop guidelines regarding the notice to
3-20 be provided, and each school district shall determine the format
3-21 and manner of distribution of the notice. The notice provided for
3-22 each teacher must identify:
3-23 (1) any degree held by the teacher and the institution
3-24 of higher education that granted the degree;
3-25 (2) the number of years of teaching experience of the
3-26 teacher in each subject taught; and
3-27 (3) any other experience or expertise of the teacher
4-1 relevant to the subject taught. [A school district that assigns an
4-2 inappropriately certified or uncertified teacher to the same
4-3 classroom for more than 30 consecutive instructional days during
4-4 the same school year shall provide written notice of the assignment
4-5 to a parent or guardian of each student in that classroom.]
4-6 (b) [The superintendent of the school district shall provide
4-7 the notice required by Subsection (a) not later than the 30th
4-8 instructional day after the date of the assignment of the
4-9 inappropriately certified or uncertified teacher.]
4-10 [(c)] The school district shall:
4-11 (1) make a good-faith effort to ensure that the notice
4-12 required by this section is provided in a bilingual form to any
4-13 parent or guardian whose primary language is not English;
4-14 (2) retain a copy of any notice provided under this
4-15 section; and
4-16 (3) make information relating to teacher certification
4-17 available to the public on request.
4-18 [(d) For purposes of this section, "inappropriately
4-19 certified or uncertified teacher":]
4-20 [(1) includes:]
4-21 [(A) an individual serving on an emergency
4-22 certificate issued under Section 21.041(b)(2); or]
4-23 [(B) an individual who does not hold any
4-24 certificate or permit issued under this chapter and is not employed
4-25 as specified by Subdivision (2)(E); and]
4-26 [(2) does not include an individual:]
4-27 [(A) who is a certified teacher assigned to
5-1 teach a class or classes outside his or her area of certification,
5-2 as determined by rules proposed by the board in specifying the
5-3 certificate required for each assignment;]
5-4 [(B) serving on a certificate issued due to a
5-5 hearing impairment under Section 21.048;]
5-6 [(C) serving on a certificate issued pursuant to
5-7 enrollment in an approved alternative certification program under
5-8 Section 21.049;]
5-9 [(D) certified by another state or country and
5-10 serving on a certificate issued under Section 21.052;]
5-11 [(E) serving on a school district teaching
5-12 permit issued under Section 21.055; or]
5-13 [(F) employed under a waiver granted by the
5-14 commissioner pursuant to Section 7.056.]
5-15 (b) The Texas Education Agency shall develop guidelines
5-16 regarding notice to be provided under Section 21.057, Education
5-17 Code, as amended by Subsection (a) of this section, not later than
5-18 October 1, 2001. For the 2001-2002 school year, a school district
5-19 shall provide the required notice to parents of students not later
5-20 than November 1, 2001.
5-21 SECTION 6. Subchapter I, Chapter 21, Education Code, is
5-22 amended by adding Section 21.411 to read as follows:
5-23 Sec. 21.411. BONUSES FOR SERVICE AT LOW-PERFORMING SCHOOL
5-24 CAMPUS. (a) As provided by this section, a teacher or principal
5-25 who is identified by the commissioner as an experienced,
5-26 extraordinary educator and who agrees to serve for three school
5-27 years at a school campus that is identified as low-performing by
6-1 the commissioner under Subchapter D, Chapter 39, is entitled to a
6-2 bonus of $3,000.
6-3 (b) The commissioner shall adopt criteria for identifying
6-4 experienced, extraordinary educators under this section. The
6-5 criteria must include:
6-6 (1) an educator's demonstrated ability to improve
6-7 student performance;
6-8 (2) an educator's subject matter expertise;
6-9 (3) if applicable, performance by the educator's
6-10 students or former students on the Scholastic Assessment Test
6-11 (SAT), the American College Test (ACT), the test instrument
6-12 required under Section 51.306, and in courses at an institution of
6-13 higher education; and
6-14 (4) any other criteria determined by the commissioner
6-15 to be appropriate in determining that an educator's performance is
6-16 superior.
6-17 (c) A bonus under this section must be paid at the beginning
6-18 of the first year in which the educator serves at the
6-19 low-performing campus.
6-20 (d) An educator who does not serve at the low-performing
6-21 campus during the entire period for which a bonus under this
6-22 section was awarded forfeits the bonus and shall, in accordance
6-23 with rules adopted by the commissioner, repay the bonus.
6-24 (e) The State Board for Educator Certification shall impose
6-25 sanctions on an educator who receives a bonus under this section
6-26 but does not serve at the low-performing campus during the entire
6-27 period for which the bonus was awarded.
7-1 (f) The commissioner and the State Board for Educator
7-2 Certification may waive the provisions of Subsections (d) and (e)
7-3 for good cause.
7-4 SECTION 7. Subchapter J, Chapter 21, Education Code, is
7-5 amended by adding Section 21.454 to read as follows:
7-6 Sec. 21.454. PROFESSIONAL DEVELOPMENT INSTITUTES IN
7-7 MATHEMATICS. (a) The commissioner shall develop and make available
7-8 professional development institutes for teachers who provide
7-9 instruction in mathematics to students at the fifth through eighth
7-10 grade levels.
7-11 (b) A professional development institute developed under
7-12 this section must address:
7-13 (1) the underlying mathematical skills required to be
7-14 taught at the relevant grade levels; and
7-15 (2) effective mathematical instruction techniques.
7-16 (c) The commissioner shall adopt criteria for selection of
7-17 teachers authorized to attend a professional development institute
7-18 developed under this section.
7-19 SECTION 8. Section 39.023, Education Code, is amended by
7-20 adding Subsection (d) and amending Subsections (e) and (i) to read
7-21 as follows:
7-22 (d) The commissioner may participate in multistate efforts
7-23 to develop voluntary standardized end-of-course assessment
7-24 instruments. The commissioner by rule may require a school
7-25 district to administer an end-of-course assessment instrument
7-26 developed through the multistate efforts. The admission, review,
7-27 and dismissal committee of a student in a special education program
8-1 under Subchapter A, Chapter 29, shall determine whether any
8-2 allowable modification is necessary in administering to the student
8-3 an end-of-course assessment instrument or whether the student
8-4 should be exempted under Section 39.027(a)(2).
8-5 (e) Under rules adopted by the State Board of Education, the
8-6 agency shall release the questions and answer keys to each
8-7 assessment instrument administered under Subsection (a), (b), (c),
8-8 (d), or (l) after the last time the instrument is administered for
8-9 a school year. To ensure a valid bank of questions for use each
8-10 year, the agency is not required to release a question that is
8-11 being field-tested and was not used to compute the student's score
8-12 on the instrument. The agency shall also release, under board
8-13 rule, each question that is no longer being field-tested and that
8-14 was not used to compute a student's score.
8-15 (i) The provisions of this section, except Subsection (d),
8-16 are subject to modification by rules adopted under Section 39.022.
8-17 Each assessment instrument adopted under those rules and each
8-18 assessment instrument required under Subsection (d) must be
8-19 reliable and valid and must meet any applicable federal
8-20 requirements for measurement of student progress.
8-21 SECTION 9. (a) Subchapter D, Chapter 39, Education Code, is
8-22 amended by adding Section 39.0721 to read as follows:
8-23 Sec. 39.0721. VOLUNTARY GOLD PERFORMANCE RATING PROGRAM. (a)
8-24 In addition to district and campus performance ratings reported
8-25 under Section 39.072, the commissioner, in consultation with an
8-26 advisory committee appointed under this section, shall develop a
8-27 voluntary gold performance rating program based on enhanced
9-1 performance. The agency shall administer the program.
9-2 (b) Under the voluntary gold performance rating program, a
9-3 district or campus rated exemplary under Section 39.072 may apply
9-4 to the agency for an exemplary gold rating, a district or campus
9-5 rated recognized may apply for a recognized gold rating, and a
9-6 district or campus rated academically acceptable may apply for an
9-7 academically acceptable gold rating.
9-8 (c) The performance standards on which a voluntary gold
9-9 performance rating is based should include:
9-10 (1) student proficiency on:
9-11 (A) assessment instruments administered under
9-12 Sections 39.023(a), (c), and (l); and
9-13 (B) other measures of proficiency determined by
9-14 the commissioner;
9-15 (2) student performance on one or more nationally
9-16 recognized norm-referenced assessment instruments;
9-17 (3) improvement in student performance;
9-18 (4) in the case of middle or junior high school
9-19 campuses, student proficiency in mathematics, including algebra;
9-20 and
9-21 (5) in the case of high school campuses:
9-22 (A) the extent to which graduating students are
9-23 academically prepared to attend institutions of higher education;
9-24 and
9-25 (B) the percentage of students who take advanced
9-26 placement tests and student performance on those tests.
9-27 (d) The advisory committee assisting the commissioner in
10-1 developing the voluntary gold performance rating program consists
10-2 of seven members appointed by the commissioner as follows:
10-3 (1) two public school teachers;
10-4 (2) two public school administrators; and
10-5 (3) three persons with experience in the area of
10-6 public school accountability.
10-7 (e) The commissioner may adopt rules as necessary to
10-8 implement and administer this section, including rules establishing
10-9 a procedure and form a district or campus must use in applying to
10-10 the agency for a voluntary rating.
10-11 (b) Not later than March 1, 2002, the commissioner of
10-12 education shall appoint members to the advisory committee for the
10-13 voluntary gold performance rating program as provided by Section
10-14 39.0721(d), Education Code, as added by Subsection (a) of this
10-15 section.
10-16 (c) Not later than March 30, 2006, the commissioner of
10-17 education shall complete development of the voluntary gold
10-18 performance rating system as provided by Section 39.0721, Education
10-19 Code, as added by Subsection (a) of this section, and shall adopt
10-20 any rules necessary for implementation and administration of
10-21 Section 39.0721, Education Code.
10-22 (d) Beginning with the 2006-2007 school year or an earlier
10-23 school year, the Texas Education Agency shall implement the
10-24 voluntary gold performance rating program under Section 39.0721,
10-25 Education Code, as added by Subsection (a) of this section.
10-26 SECTION 10. Sections 39.131(b) and (c), Education Code, are
10-27 amended to read as follows:
11-1 (b) If a campus performance is below any standard under
11-2 Section 39.073(b), the campus is considered a low-performing campus
11-3 and the commissioner may either authorize the board of trustees of
11-4 the district in which the campus is located to declare emergency
11-5 status at the campus as provided by Section 39.132 or take any of
11-6 the following actions, listed in order of severity, to the extent
11-7 the commissioner determines necessary:
11-8 (1) issue public notice of the deficiency to the board
11-9 of trustees;
11-10 (2) order a hearing conducted by the board of trustees
11-11 at the campus for the purpose of notifying the public of the
11-12 unacceptable performance, the improvements in performance expected
11-13 by the agency, and the sanctions that may be imposed under this
11-14 section if the performance does not improve within a designated
11-15 period of time and of soliciting public comment on the initial
11-16 steps being taken to improve performance;
11-17 (3) order the preparation of a report regarding the
11-18 parental involvement program at the campus and a plan describing
11-19 strategies for improving parental involvement at the campus;
11-20 (4) order the preparation of a report regarding the
11-21 effectiveness of the district- and campus-level planning and
11-22 decision-making committees established under Subchapter F, Chapter
11-23 11, and a plan describing strategies for improving the
11-24 effectiveness of those committees;
11-25 (5) order the preparation of a student achievement
11-26 improvement plan that addresses each academic excellence indicator
11-27 for which the campus's performance is unacceptable, the submission
12-1 of the plan to the commissioner for approval, and implementation of
12-2 the plan;
12-3 (6) order a hearing to be held before the commissioner
12-4 or the commissioner's designee at which the president of the board
12-5 of trustees, the superintendent, and the campus principal shall
12-6 appear and explain the campus's low performance, lack of
12-7 improvement, and plans for improvement;
12-8 (7) appoint a special campus intervention team to:
12-9 (A) conduct a comprehensive on-site evaluation
12-10 of each low-performing campus to determine the cause for the
12-11 campus's low performance and lack of progress;
12-12 (B) recommend actions, including reallocation of
12-13 resources and technical assistance, changes in school procedures or
12-14 operations, staff development for instructional and administrative
12-15 staff, intervention for individual administrators or teachers,
12-16 waivers from state statute or rule, or other actions the team
12-17 considers appropriate;
12-18 (C) assist in the development of a campus plan
12-19 for student achievement; and
12-20 (D) assist the commissioner in monitoring the
12-21 progress of the campus in implementing the campus plan for
12-22 improvement of student achievement;
12-23 (8) if a campus has been a low-performing campus for a
12-24 period of one year or more, appoint a board of managers composed of
12-25 residents of the district to exercise the powers and duties of the
12-26 board of trustees of the district in relation to the campus; or
12-27 (9) if a campus has been a low-performing campus for a
13-1 period of two years or more, order closure of the school program on
13-2 the campus.
13-3 (c) The commissioner shall review annually the performance
13-4 of a district or campus subject to this section to determine the
13-5 appropriate actions to be implemented under this section. The
13-6 commissioner must review at least annually the performance of a
13-7 district for which the accreditation rating has been lowered due to
13-8 unacceptable student performance and may not raise the rating until
13-9 the district has demonstrated improved student performance. If the
13-10 review reveals a lack of improvement, the commissioner shall
13-11 increase the level of state intervention and sanction unless the
13-12 commissioner finds good cause for maintaining the current status.
13-13 This subsection does not apply to a campus at which emergency
13-14 status is declared under Section 39.132.
13-15 SECTION 11. Subchapter G, Chapter 39, is amended by adding
13-16 Section 39.132 to read as follows:
13-17 Sec. 39.132. DECLARATION OF EMERGENCY STATUS AT
13-18 LOW-PERFORMING CAMPUSES. (a) The board of trustees of a school
13-19 district may apply to the commissioner for authorization for the
13-20 board to declare emergency status at any low-performing campus in
13-21 the district.
13-22 (b) A campus at which emergency status is declared is
13-23 subject to federal and state laws and rules governing public
13-24 schools, except that in order to overcome impediments to efforts to
13-25 aggressively address the problems at the campus, the commissioner
13-26 may exempt the campus from this code and rules adopted under this
13-27 code.
14-1 (c) The commissioner shall prescribe the form and content of
14-2 an application for a declaration of emergency status.
14-3 (d) If the commissioner objects to an application for a
14-4 declaration of emergency status, the commissioner must notify the
14-5 board of trustees in writing that the application is denied not
14-6 later than the 30th day after the date the application is received.
14-7 If the commissioner does not notify the board of an objection
14-8 within that time, the application is considered granted.
14-9 (e) The commissioner may not approve emergency status at a
14-10 campus under this section for a period of longer than two years,
14-11 except that the board of trustees may submit a written application
14-12 to the commissioner for an extension of the emergency status for a
14-13 period of not longer than one year. The application must explain
14-14 the reason an extension is necessary.
14-15 (f) The commissioner may adopt rules to administer this
14-16 section.
14-17 SECTION 12. Section 42.152, Education Code, is amended by
14-18 adding Subsection (u) to read as follows:
14-19 (u) From the total amount of funds appropriated for
14-20 allotments under this section, the commissioner shall, each fiscal
14-21 year, withhold an amount to be determined by the commissioner and
14-22 distribute that amount for bonuses under Section 21.411. After
14-23 deducting the amount withheld under this subsection from the total
14-24 amount appropriated for the allotment under Subsection (a), the
14-25 commissioner shall reduce each district's tier one allotments in
14-26 the same manner described for a reduction in allotments under
14-27 Section 42.253 and shall allocate funds to each district
15-1 accordingly.
15-2 SECTION 13. Subchapter C, Chapter 42, Education Code, is
15-3 amended by adding Section 42.159 to read as follows:
15-4 Sec. 42.159. CAMPUS BONUS ALLOTMENT. (a) A school district
15-5 is entitled to an annual allotment of $3,000 for each full-time
15-6 equivalent teacher at a school campus determined by the
15-7 commissioner to have shown extraordinary improvement in the
15-8 preceding school year. A school district is entitled to an annual
15-9 allotment of $1,000 for each full-time equivalent teacher at a
15-10 school campus determined by the commissioner to have shown
15-11 significant improvement in the preceding school year.
15-12 (b) An allotment under this section may be used only to
15-13 provide additional funding to the campus for which the allotment
15-14 was made. The campus-level committee established under Subchapter
15-15 F, Chapter 11, for a campus for which an allotment under this
15-16 section was made shall determine the manner in which the allotment
15-17 is used.
15-18 (c) The commissioner may adopt rules to administer this
15-19 section.
15-20 SECTION 14. This Act applies beginning with the 2001-2002
15-21 school year.
15-22 SECTION 15. (a) Except as provided by Subsection (b) of
15-23 this section, this Act takes effect immediately if it receives a
15-24 vote of two-thirds of all the members elected to each house, as
15-25 provided by Section 39, Article III, Texas Constitution. If this
15-26 Act does not receive the vote necessary for immediate effect, this
15-27 Act takes effect September 1, 2001.
16-1 (b) Sections 2, 6, 7, 12, and 13 of this Act take effect
16-2 September 1, 2001.