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. 1-3 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 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: 2-5 Sec. 21.0491. ALTERNATIVE CERTIFICATION OF PERSON HOLDING 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: 3-13 Sec. 21.411. BONUSES FOR SERVICE AT LOW-PERFORMING SCHOOL 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.