By Grusendorf, Burnam, Hope, Averitt, H.B. No. 1143
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school teachers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 21, Education Code, is
1-5 amended by adding Section 21.005 to read as follows:
1-6 Sec. 21.005. TEACHER MENTOR AND INDUCTION PROGRAMS. (a)
1-7 From amounts appropriated for the purposes of this section, the
1-8 commissioner shall make grants to school districts of:
1-9 (1) not more than $3,000, as determined by the
1-10 commissioner, for each new teacher employed by the district who
1-11 holds a certificate under Section 21.049 or a permit under Section
1-12 21.055; and
1-13 (2) not more than $1,000, as determined by the
1-14 commissioner, for each new teacher employed by the district who
1-15 holds a certificate under Section 21.044 or 21.052.
1-16 (b) A school district shall use money received under
1-17 Subsection (a) only to support one or more of the following in the
1-18 district:
1-19 (1) a mentor or induction program for new teachers;
1-20 (2) employment of new teachers under a 12-month
1-21 contract that provides for significant training and professional
1-22 development;
1-23 (3) signing bonuses of not more than $1,000 for
1-24 employment of new teachers in shortage areas; or
1-25 (4) payment of college tuition for appropriate
2-1 semester credit hours received by a new teacher.
2-2 SECTION 2. Subchapter A, Chapter 21, Education Code, is
2-3 amended by adding Section 21.006 to read as follows:
2-4 Sec. 21.006. ASSIGNMENT OF INEXPERIENCED TEACHERS. A school
2-5 district may not assign a person who has less than one year of
2-6 experience in the classroom to teach at a school campus that is
2-7 identified as low-performing by the commissioner under Subchapter
2-8 D, Chapter 39.
2-9 SECTION 3. Subchapter B, Chapter 21, Education Code, is
2-10 amended by adding Section 21.0491 to read as follows:
2-11 Sec. 21.0491. ALTERNATIVE CERTIFICATION OF PERSON HOLDING
2-12 BACHELOR'S DEGREE. (a) In addition to issuing teaching
2-13 certificates to persons to whom Section 21.050 applies, the board
2-14 may issue a teaching certificate to a person who:
2-15 (1) holds a bachelor's degree received with an
2-16 academic major or interdisciplinary academic major, including
2-17 reading, other than education, that is related to at least one area
2-18 of the curriculum as prescribed under Subchapter A, Chapter 28; and
2-19 (2) performs satisfactorily on the examination
2-20 prescribed under Section 21.048.
2-21 (b) A person who holds a bachelor's degree with an academic
2-22 major related to only one area of the curriculum prescribed under
2-23 Subchapter A, Chapter 28, may receive a certificate to teach only
2-24 in that subject area and may teach only in that subject area.
2-25 SECTION 4. Section 21.057(d), Education Code, is amended to
2-26 read as follows:
2-27 (d) For purposes of this section, "inappropriately certified
3-1 or uncertified teacher":
3-2 (1) includes:
3-3 (A) an individual serving on an emergency
3-4 certificate issued under Section 21.041(b)(2); [or]
3-5 (B) an individual who does not hold any
3-6 certificate or permit issued under this chapter and is not employed
3-7 as specified by Subdivision (2)(E); or [and]
3-8 (C) an individual [(2) does not include an
3-9 individual:]
3-10 [(A)] who is a certified teacher assigned to
3-11 teach a class or classes outside his or her area of certification,
3-12 as determined by rules proposed by the board in specifying the
3-13 certificate required for each assignment; and
3-14 (2) does not include an individual:
3-15 (A) [(B)] serving on a certificate issued due to
3-16 a hearing impairment under Section 21.048;
3-17 (B) [(C)] serving on a certificate issued
3-18 pursuant to enrollment in an approved alternative certification
3-19 program under Section 21.049;
3-20 (C) [(D)] certified by another state or country
3-21 and serving on a certificate issued under Section 21.052;
3-22 (D) [(E)] serving on a school district teaching
3-23 permit issued under Section 21.055; or
3-24 (E) [(F)] employed under a waiver granted by the
3-25 commissioner pursuant to Section 7.056.
3-26 SECTION 5. Section 21.052(a), Education Code, is amended to
3-27 read as follows:
4-1 (a) The board may issue a certificate to an educator who:
4-2 (1) holds:
4-3 (A) a degree issued by an institution accredited
4-4 by a regional accrediting agency or group that is recognized by a
4-5 nationally recognized accreditation board; or
4-6 (B) a degree issued by an institution located in
4-7 a foreign country, if the degree is equivalent to a degree
4-8 described by Paragraph (A);
4-9 (2) holds an appropriate certificate or other
4-10 credential issued by another state or country; and
4-11 (3) performs satisfactorily on:
4-12 (A) the examination prescribed under Section
4-13 21.048; or
4-14 (B) if the educator holds a certificate or other
4-15 credential issued by another state, an examination similar to and
4-16 at least as rigorous as that described by Paragraph (A)
4-17 administered to the educator under the authority of that state.
4-18 SECTION 6. Subchapter I, Chapter 21, Education Code, is
4-19 amended by adding Section 21.411 to read as follows:
4-20 Sec. 21.411. BONUSES FOR SERVICE AT LOW-PERFORMING SCHOOL
4-21 CAMPUS. (a) From amounts appropriated for the purposes of this
4-22 section, a teacher or principal who is identified by the
4-23 commissioner as an experienced, extraordinary educator and who
4-24 agrees to serve for three school years at a school campus that is
4-25 identified as low-performing by the commissioner under Subchapter
4-26 D, Chapter 39, is entitled to a bonus of not more than $3,000, as
4-27 determined by the commissioner.
5-1 (b) The commissioner shall adopt criteria for identifying
5-2 experienced, extraordinary educators under this section. The
5-3 criteria must include:
5-4 (1) an educator's demonstrated ability to improve
5-5 student performance;
5-6 (2) an educator's subject matter expertise;
5-7 (3) if applicable, performance by the educator's
5-8 students or former students on the Scholastic Assessment Test
5-9 (SAT), the American College Test (ACT), and the test instrument
5-10 required under Section 51.306 and in courses at an institution of
5-11 higher education; and
5-12 (4) any other criteria determined by the commissioner
5-13 to be appropriate in determining that an educator's performance is
5-14 superior.
5-15 (c) A bonus under this section must be paid at the beginning
5-16 of the first year in which the educator serves at the
5-17 low-performing campus.
5-18 (d) An educator who does not serve at the low-performing
5-19 campus during the entire period for which a bonus under this
5-20 section was awarded forfeits the bonus and shall, in accordance
5-21 with rules adopted by the commissioner, repay the bonus.
5-22 (e) The State Board for Educator Certification shall impose
5-23 sanctions on an educator who receives a bonus under this section
5-24 but does not serve at the low-performing campus during the entire
5-25 period for which the bonus was awarded.
5-26 (f) The commissioner and the State Board for Educator
5-27 Certification may waive the provisions of Subsections (d) and (e)
6-1 for good cause.
6-2 (g) The commissioner shall pay any bonuses under this
6-3 section from funds appropriated for that purpose.
6-4 (h) In order to receive a bonus under this section, a
6-5 teacher must be appropriately certified to teach the subject matter
6-6 of the class or classes that the teacher is assigned to teach.
6-7 SECTION 7. Section 824.602, Government Code, is amended by
6-8 amending Subsection (a) and adding Subsection (m) to read as
6-9 follows:
6-10 (a) Subject to Section 825.506, the retirement system may
6-11 not, under Section 824.601, withhold a monthly benefit payment if
6-12 the retiree is employed in a Texas public educational institution:
6-13 (1) as a substitute only with pay not more than the
6-14 daily rate of substitute pay established by the employer and, if
6-15 the retiree is a disability retiree, the employment has not
6-16 exceeded a total of 90 days in the school year;
6-17 (2) in a position, other than as a substitute, on no
6-18 more than a one-half time basis for the month;
6-19 (3) in one or more positions on as much as a full-time
6-20 basis, if the work occurs in not more than six months of a school
6-21 year that begins after the retiree's effective date of retirement;
6-22 (4) in a position, other than as a substitute, on no
6-23 more than a one-half time basis for no more than 90 days in the
6-24 school year, if the retiree is a disability retiree; [or]
6-25 (5) in a position as a classroom teacher on as much as
6-26 a full-time basis, if the retiree has retired under Section
6-27 824.202(a) without reduction for retirement at an early age, is
7-1 certified under Subchapter B, Chapter 21, Education Code, to teach
7-2 the subjects assigned, is teaching in an acute shortage area as
7-3 defined by the commissioner of education, and has been separated
7-4 from service with all public schools for at least 12 months; or
7-5 (6) in a position as a mentor for a classroom teacher
7-6 on as much as a full-time basis, if the retiree has retired under
7-7 Section 824.202(a) without reduction for retirement at an early
7-8 age, is certified under Subchapter B, Chapter 21, Education Code,
7-9 and has been separated from service with all public schools for at
7-10 least 12 months.
7-11 (m) For purposes of Subsection (a)(6), a mentor for a
7-12 classroom teacher must have taught in a public school for at least
7-13 10 years and must have demonstrated:
7-14 (1) outstanding classroom teaching ability;
7-15 (2) talent in written and oral communications;
7-16 (3) the ability to work cooperatively and effectively
7-17 with other professional staff; and
7-18 (4) extensive knowledge of a variety of classroom
7-19 management and instructional techniques.
7-20 SECTION 8. (a) This Act applies beginning with the
7-21 2001-2002 school year.
7-22 (b) Section 21.052(a), Education Code, as amended by this
7-23 Act, applies only to a certificate issued under Section 21.052,
7-24 Education Code, on or after the effective date of this Act. A
7-25 certificate issued under Section 21.052, Education Code, before the
7-26 effective date of this Act is governed by the law in effect on the
7-27 date the certificate is issued, and the former law is continued in
8-1 effect for that purpose.
8-2 SECTION 9. (a) Except as provided by Subsection (b) of this
8-3 section, this Act takes effect immediately if it receives a vote of
8-4 two-thirds of all the members elected to each house, as provided by
8-5 Section 39, Article III, Texas Constitution. If this Act does not
8-6 receive the vote necessary for immediate effect, this Act takes
8-7 effect September 1, 2001.
8-8 (b) Sections 1 and 6 of this Act take effect September 1,
8-9 2001.