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.