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.