By Grusendorf                                         H.B. No. 1143
         77R5531 BDH-D                           
                                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)  To
 1-7     the extent that funds are available, the commissioner shall make
 1-8     grants to school districts of:
 1-9                 (1)  $3,000 for each new teacher employed by the
1-10     district who holds a certificate under Section 21.049 or a permit
1-11     under Section 21.055; and
1-12                 (2)  $1,000 for each new teacher employed by the
1-13     district who holds a certificate under Section 21.044 or 21.052.
1-14           (b)  A school district shall use money received under
1-15     Subsection (a) only to support one or more of the following in the
1-16     district:
1-17                 (1)  a mentor or induction program for new teachers;
1-18                 (2)  employment of new teachers under a 12-month
1-19     contract that provides training and professional development;
1-20                 (3)  signing bonuses for employment of new teachers in
1-21     shortage areas; or
1-22                 (4)  payment of college tuition for appropriate
1-23     semester credit hours received by a new teacher.
1-24           SECTION 2.  Subchapter B, Chapter 21, Education Code, is
 2-1     amended by adding Section 21.0491 to read as follows:
 2-3     BACHELOR'S DEGREE. (a)  In addition to issuing teaching
 2-4     certificates to persons to whom Section 21.050 applies, the board
 2-5     may issue a teaching certificate to a person who:
 2-6                 (1)  holds a bachelor's degree received with an
 2-7     academic major or interdisciplinary academic major, including
 2-8     reading, other than education, that is related to at least one area
 2-9     of the curriculum as prescribed under Subchapter A, Chapter 28; and
2-10                 (2)  performs satisfactorily on the examination
2-11     prescribed under Section 21.048.
2-12           (b)  A person who holds a bachelor's degree with an academic
2-13     major related to only one area of the curriculum prescribed under
2-14     Subchapter A, Chapter 28, may receive a certificate to teach only
2-15     in that subject area.
2-16           SECTION 3.  (a)  Section 21.057, Education Code, is amended
2-17     to read as follows:
2-18           Sec. 21.057.  PARENTAL NOTIFICATION. (a)  A school district
2-19     shall provide notice to parents of students regarding the
2-20     qualifications of district teachers not less than once each school
2-21     year.  The agency shall develop guidelines regarding the notice to
2-22     be provided, and each school district shall determine the format
2-23     and manner of distribution of the notice.  The notice provided for
2-24     each teacher must identify:
2-25                 (1)  any degree held by the teacher and the institution
2-26     of higher education that granted the degree;
2-27                 (2)  the number of years of teaching experience of the
 3-1     teacher in each subject taught; and
 3-2                 (3)  any other experience or expertise of the teacher
 3-3     relevant to the subject taught  [that assigns an inappropriately
 3-4     certified or uncertified teacher to the same classroom for more
 3-5     than 30 consecutive instructional days during the same school year
 3-6     shall provide written notice of the assignment to a parent or
 3-7     guardian of each student in that classroom].
 3-8           (b)  [The superintendent of the school district shall provide
 3-9     the notice required by Subsection (a) not later than the 30th
3-10     instructional day after the date of the assignment of the
3-11     inappropriately certified or uncertified teacher.]
3-12           [(c)]  The school district shall:
3-13                 (1)  make a good-faith effort to ensure that the notice
3-14     required by this section is provided in a bilingual form to any
3-15     parent or guardian whose primary language is not English;
3-16                 (2)  retain a copy of any notice provided under this
3-17     section; and
3-18                 (3)  make information relating to teacher certification
3-19     available to the public on request.
3-20           [(d)  For purposes of this section, "inappropriately
3-21     certified or uncertified teacher":]
3-22                 [(1)  includes:]
3-23                       [(A)  an individual serving on an emergency
3-24     certificate issued under Section 21.041(b)(2); or]
3-25                       [(B)  an individual who does not hold any
3-26     certificate or permit issued under this chapter and is not employed
3-27     as specified by Subdivision (2)(E); and]
 4-1                 [(2)  does not include an individual:]
 4-2                       [(A)  who is a certified teacher assigned to
 4-3     teach a class or classes outside his or her area of certification,
 4-4     as determined by rules proposed by the board in specifying the
 4-5     certificate required for each assignment;]
 4-6                       [(B)  serving on a certificate issued due to a
 4-7     hearing impairment under Section 21.048;]
 4-8                       [(C)  serving on a certificate issued pursuant to
 4-9     enrollment in an approved alternative certification program under
4-10     Section 21.049;]
4-11                       [(D)  certified by another state or country and
4-12     serving on a certificate issued under Section 21.052;]
4-13                       [(E)  serving on a school district teaching
4-14     permit issued under Section 21.055; or]
4-15                       [(F)  employed under a waiver granted by the
4-16     commissioner pursuant to Section 7.056.]
4-17           (b)  The Texas Education Agency shall develop guidelines
4-18     regarding notice to be provided under Section 21.057, Education
4-19     Code, as amended by Subsection (a) of this section, not later than
4-20     October 1, 2001.  For the 2001-2002 school year, a school district
4-21     shall provide the required notice to parents of students not later
4-22     than November 1, 2001.
4-23           SECTION 4.  Subchapter I, Chapter 21, Education Code, is
4-24     amended by adding Section 21.411 to read as follows:
4-26     CAMPUS. (a)  As provided by this section and to the extent that
4-27     funds are available, a teacher or principal who is identified by
 5-1     the commissioner as an experienced, extraordinary educator and who
 5-2     agrees to serve for three school years at a school campus that is
 5-3     identified as low-performing by the commissioner under Subchapter
 5-4     D, Chapter 39, is entitled to a bonus of $3,000.
 5-5           (b)  The commissioner shall adopt criteria for identifying
 5-6     experienced, extraordinary educators under this section.  The
 5-7     criteria must include:
 5-8                 (1)  an educator's demonstrated ability to improve
 5-9     student performance;
5-10                 (2)  an educator's subject matter expertise;
5-11                 (3)  if applicable, performance by the educator's
5-12     students or former students on the Scholastic Assessment Test
5-13     (SAT), the American College Test (ACT), and the test instrument
5-14     required under Section 51.306 and in courses at an institution of
5-15     higher education; and
5-16                 (4)  any other criteria determined by the commissioner
5-17     to be appropriate in determining that an educator's performance is
5-18     superior.
5-19           (c)  A bonus under this section must be paid at the beginning
5-20     of the first year in which the educator serves at the
5-21     low-performing campus.
5-22           (d)  An educator who does not serve at the low-performing
5-23     campus during the entire period for which a bonus under this
5-24     section was awarded forfeits the bonus and shall, in accordance
5-25     with rules adopted by the commissioner, repay the bonus.
5-26           (e)  The State Board for Educator Certification shall impose
5-27     sanctions on an educator who receives a bonus under this section
 6-1     but does not serve at the low-performing campus during the entire
 6-2     period for which the bonus was awarded.
 6-3           (f)  The commissioner and the State Board for Educator
 6-4     Certification may waive the provisions of Subsections (d) and (e)
 6-5     for good cause.
 6-6           (g)  The commissioner shall pay any bonuses under this
 6-7     section from funds appropriated for that purpose.
 6-8           SECTION 5.  Section 22.051(a), Education Code, is amended to
 6-9     read as follows:
6-10           (a)  A professional employee of a school district is not
6-11     personally liable for any act that is incident to or within the
6-12     scope of the duties of the employee's position of employment and
6-13     that involves the exercise of judgment or discretion on the part of
6-14     the employee, except in circumstances in which a professional
6-15     employee uses excessive force in the discipline of students or
6-16     negligence resulting in bodily injury to students.  This subsection
6-17     also applies to a professional employee of a school district who
6-18     provides personnel information on a current or former employee of
6-19     the school district to another school or district.
6-20           SECTION 6.  This Act applies beginning with the 2001-2002
6-21     school year.
6-22           SECTION 7.  (a)  Except as provided by Subsection (b) of this
6-23     section, this Act takes effect immediately if it receives a vote of
6-24     two-thirds of all the members elected to each house, as provided by
6-25     Section 39, Article III, Texas Constitution.  If this Act does not
6-26     receive the vote necessary for immediate effect, this Act takes
6-27     effect September 1, 2001.
 7-1           (b)  Sections 1 and 4 of this Act take effect September 1,
 7-2     2001.