77R11343 BDH-D                           
         By Grusendorf, Burnam, Averitt                        H.B. No. 1143
         Substitute the following for H.B. No. 1143:
         By Hardcastle                                     C.S.H.B. No. 1143
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to public school teachers.
 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 for employment of new teachers in
1-24     shortage areas; or
 2-1                 (4)  payment of college tuition for appropriate
 2-2     semester credit hours received by a new teacher.
 2-3           SECTION 2.  Subchapter B, Chapter 21, Education Code, is
 2-4     amended by adding Section 21.0491 to read as follows:
 2-6     BACHELOR'S DEGREE. (a)  In addition to issuing teaching
 2-7     certificates to persons to whom Section 21.050 applies, the board
 2-8     may issue a teaching certificate to a person who:
 2-9                 (1)  holds a bachelor's degree received with an
2-10     academic major or interdisciplinary academic major, including
2-11     reading, other than education, that is related to at least one area
2-12     of the curriculum as prescribed under Subchapter A, Chapter 28; and
2-13                 (2)  performs satisfactorily on the examination
2-14     prescribed under Section 21.048.
2-15           (b)  A person who holds a bachelor's degree with an academic
2-16     major related to only one area of the curriculum prescribed under
2-17     Subchapter A, Chapter 28, may receive a certificate to teach only
2-18     in that subject area.
2-19           SECTION 3.  Section 21.052(a), Education Code, is amended to
2-20     read as follows:
2-21           (a)  The board may issue a certificate to an educator who:
2-22                 (1)  holds:
2-23                       (A)  a degree issued by an institution accredited
2-24     by a regional accrediting agency or group that is recognized by a
2-25     nationally recognized accreditation board; or
2-26                       (B)  a degree issued by an institution located in
2-27     a foreign country, if the degree is equivalent to a degree
 3-1     described by Paragraph (A);
 3-2                 (2)  holds an appropriate certificate or other
 3-3     credential issued by another state or country; and
 3-4                 (3)  performs satisfactorily on:
 3-5                       (A)  the examination prescribed under Section
 3-6     21.048; or
 3-7                       (B)  if the educator holds a certificate or other
 3-8     credential issued by another state, an examination similar to and
 3-9     at least as rigorous as that described by Paragraph (A)
3-10     administered to the educator under the authority of that state.
3-11           SECTION 4.  Subchapter I, Chapter 21, Education Code, is
3-12     amended by adding Section 21.411 to read as follows:
3-14     CAMPUS. (a)  From amounts appropriated for the purposes of this
3-15     section, a teacher or principal who is identified by the
3-16     commissioner as an experienced, extraordinary educator and who
3-17     agrees to serve for three school years at a school campus that is
3-18     identified as low-performing by the commissioner under Subchapter
3-19     D, Chapter 39, is entitled to a bonus of not more than $3,000, as
3-20     determined by the commissioner.
3-21           (b)  The commissioner shall adopt criteria for identifying
3-22     experienced, extraordinary educators under this section.  The
3-23     criteria must include:
3-24                 (1)  an educator's demonstrated ability to improve
3-25     student performance;
3-26                 (2)  an educator's subject matter expertise;
3-27                 (3)  if applicable, performance by the educator's
 4-1     students or former students on the Scholastic Assessment Test
 4-2     (SAT), the American College Test (ACT), and the test instrument
 4-3     required under Section 51.306 and in courses at an institution of
 4-4     higher education; and
 4-5                 (4)  any other criteria determined by the commissioner
 4-6     to be appropriate in determining that an educator's performance is
 4-7     superior.
 4-8           (c)  A bonus under this section must be paid at the beginning
 4-9     of the first year in which the educator serves at the
4-10     low-performing campus.
4-11           (d)  An educator who does not serve at the low-performing
4-12     campus during the entire period for which a bonus under this
4-13     section was awarded forfeits the bonus and shall, in accordance
4-14     with rules adopted by the commissioner, repay the bonus.
4-15           (e)  The State Board for Educator Certification shall impose
4-16     sanctions on an educator who receives a bonus under this section
4-17     but does not serve at the low-performing campus during the entire
4-18     period for which the bonus was awarded.
4-19           (f)  The commissioner and the State Board for Educator
4-20     Certification may waive the provisions of Subsections (d) and (e)
4-21     for good cause.
4-22           (g)  The commissioner shall pay any bonuses under this
4-23     section from funds appropriated for that purpose.
4-24           SECTION 5.  Section 22.051(a), Education Code, is amended to
4-25     read as follows:
4-26           (a)  A professional employee of a school district is not
4-27     personally liable for any act that is incident to or within the
 5-1     scope of the duties of the employee's position of employment and
 5-2     that involves the exercise of judgment or discretion on the part of
 5-3     the employee, except in circumstances in which a professional
 5-4     employee uses excessive force in the discipline of students or
 5-5     negligence resulting in bodily injury to students.  This subsection
 5-6     also applies to a professional employee of a school district who
 5-7     provides personnel information on a current or former employee of
 5-8     the school district to another school or district.
 5-9           SECTION 6.  (a)  This Act applies beginning with the
5-10     2001-2002 school year.
5-11           (b)  Section 21.052(a), Education Code, as amended by this
5-12     Act, applies only to a certificate issued under Section 21.052,
5-13     Education Code, on or after the effective date of this Act.  A
5-14     certificate issued under Section 21.052, Education Code, before the
5-15     effective date of this Act is governed by the law in effect on the
5-16     date the certificate is issued, and the former law is continued in
5-17     effect for that purpose.
5-18           SECTION 7.  (a)  Except as provided by Subsection (b) of this
5-19     section, this Act takes effect immediately if it receives a vote of
5-20     two-thirds of all the members elected to each house, as provided by
5-21     Section 39, Article III, Texas Constitution.  If this Act does not
5-22     receive the vote necessary for immediate effect, this Act takes
5-23     effect September 1, 2001.
5-24           (b)  Sections 1 and 4 of this Act take effect September 1,
5-25     2001.