By Salinas, Kitchen, Olivo, Dunnam, H.B. No. 1310
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Teachers' Excellence Program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 21, Education Code, is amended by adding
1-5 Subchapter M to read as follows:
1-6 SUBCHAPTER M. TEXAS TEACHERS' EXCELLENCE PROGRAM
1-7 Sec. 21.601. DEFINITIONS. In this subchapter:
1-8 (1) "Certification" means certification by the
1-9 National Board for Professional Teaching Standards.
1-10 (2) "Certification examination" means the National
1-11 Board for Professional Teaching Standards certification
1-12 examination.
1-13 (3) "Program" means the Texas Teachers' Excellence
1-14 Program.
1-15 Sec. 21.602. ESTABLISHMENT OF PROGRAM. The State Board for
1-16 Educator Certification shall establish the Texas Teachers'
1-17 Excellence Program to encourage teachers to become certified by the
1-18 National Board for Professional Teaching Standards. Under the
1-19 program:
1-20 (1) the State Board for Educator Certification shall:
1-21 (A) provide to teachers financial assistance as
1-22 provided by this subchapter to assist teachers in earning
1-23 certification; and
1-24 (B) provide staff to assist the selection
1-25 committee under Section 21.604; and
2-1 (2) school districts shall pay stipends to teachers
2-2 who hold certification.
2-3 Sec. 21.603. ELIGIBILITY. A teacher is eligible for
2-4 financial assistance under Section 21.605 if the teacher:
2-5 (1) is employed as a classroom teacher in this state;
2-6 (2) meets the eligibility requirements for
2-7 certification established by the National Board for Professional
2-8 Teaching Standards;
2-9 (3) applies to participate in the program on a form
2-10 developed by the State Board for Educator Certification for that
2-11 purpose; and
2-12 (4) meets other requirements adopted by the State
2-13 Board for Educator Certification.
2-14 Sec. 21.604. SELECTION COMMITTEE. (a) If the selection
2-15 committee appointed under this section receives not more than 100
2-16 applications in a fiscal year from eligible applicants for
2-17 financial assistance under Section 21.605, the committee shall
2-18 accept the application of each eligible applicant to receive
2-19 financial assistance under Section 21.605. If the committee
2-20 receives more than 100 applications in a fiscal year from eligible
2-21 applicants and accepting the applications of all of the eligible
2-22 applicants would result in the expenditure of an amount of money
2-23 greater than the amount available for that fiscal year for
2-24 financial awards under Section 21.605, the committee shall review
2-25 all of the applications and, from among the applicants, select not
2-26 more than 100 eligible applicants to receive financial assistance
2-27 under Section 21.605.
3-1 (b) The committee is composed of five members:
3-2 (1) two of whom are appointed by the State Board for
3-3 Educator Certification;
3-4 (2) two of whom are appointed by the State Board of
3-5 Education; and
3-6 (3) one of whom is appointed by the commissioner.
3-7 (c) At least one member appointed by the State Board for
3-8 Educator Certification and at least one member appointed by the
3-9 State Board of Education must be a teacher who is certified by the
3-10 National Board for Professional Teaching Standards.
3-11 (d) Members serve staggered terms of six years, with the
3-12 terms of as near as possible to one-third of the members expiring
3-13 on February 1 of each even-numbered year.
3-14 (e) The commissioner shall appoint the presiding officer
3-15 from among the members of the committee.
3-16 (f) The committee shall meet at least once each year in
3-17 Austin on a date determined by the presiding officer and may hold
3-18 other meetings as necessary at the call of the presiding officer or
3-19 of at least two-thirds of the members of the committee.
3-20 (g) A member of the committee is not entitled to
3-21 compensation. A member of the committee is entitled to
3-22 reimbursement of actual and necessary expenses incurred in
3-23 conducting the business of the committee.
3-24 Sec. 21.605. FINANCIAL ASSISTANCE; LEAVE. (a) To the
3-25 extent authorized under Subsection (b), the State Board for
3-26 Educator Certification shall pay the application fee for the
3-27 certification examination for each teacher selected by the
4-1 selection committee.
4-2 (b) The board shall establish the amount of a payment under
4-3 Subsection (a), except that the amount may not exceed:
4-4 (1) $1,500 paid from funds specified under Sections
4-5 21.608(1) and (3); and
4-6 (2) $1,000 paid from funds specified under Section
4-7 21.608(2).
4-8 (c) A teacher selected by the committee is entitled to three
4-9 days of leave to prepare the application for certification in
4-10 addition to any other leave to which a teacher is entitled under
4-11 this code or district policy.
4-12 Sec. 21.606. REIMBURSEMENT. (a) A teacher who receives
4-13 financial assistance under Section 21.605 but fails to complete
4-14 training for the certification examination, to take the
4-15 certification examination, or to teach at least one school year in
4-16 a public school after earning certification shall reimburse the
4-17 State Board for Educator Certification for the money received under
4-18 Section 21.605 unless the board determines that the teacher is not
4-19 required to pay reimbursement because the teacher's failure is due
4-20 to extenuating circumstances. A teacher may appeal the board's
4-21 decision to the selection committee in the manner and within the
4-22 period prescribed by the selection committee.
4-23 (b) A teacher who completes training for certification but
4-24 fails to perform satisfactorily on the certification examination is
4-25 not required to pay reimbursement under this section.
4-26 Sec. 21.607. SALARY STIPENDS. (a) Subject to Section
4-27 21.609, in addition to the minimum salary to which a teacher is
5-1 entitled under Section 21.402 and any additional salary amount the
5-2 school district employing a teacher pays, the district shall pay:
5-3 (1) an annual stipend of $4,000 to each classroom
5-4 teacher who, at the beginning of the school year, is certified by
5-5 the National Board for Professional Teaching Standards; and
5-6 (2) an additional stipend of $2,000 to each teacher
5-7 described by Subdivision (1) who works at least 40 hours during a
5-8 school year as a mentor providing assistance to other public school
5-9 teachers.
5-10 (b) A classroom teacher who is employed by a school district
5-11 in this state and becomes certified by the National Board for
5-12 Professional Teaching Standards during a school year is entitled to
5-13 a stipend under Subsection (a)(1) and, if applicable, under
5-14 Subsection (a)(2), beginning with the school year following the
5-15 school year in which certification is granted.
5-16 Sec. 21.608. FUNDING. The program, including salary
5-17 stipends under Section 21.607, shall be funded using:
5-18 (1) funds appropriated to the State Board for Educator
5-19 Certification that may be used for that purpose;
5-20 (2) funds provided to the board through federal grants
5-21 that may be used for that purpose; and
5-22 (3) gifts, grants, and donations received for that
5-23 purpose.
5-24 Sec. 21.609. EVALUATION OF TEACHERS HOLDING NATIONAL
5-25 CERTIFICATION. (a) The commissioner shall develop an assessment
5-26 system for evaluating teachers certified by the National Board for
5-27 Professional Teaching Standards. The system must:
6-1 (1) be based primarily on the academic performance of
6-2 students taught by those teachers; and
6-3 (2) specify criteria a teacher certified by the
6-4 National Board for Professional Teaching Standards must meet to
6-5 continue receiving a stipend under Section 21.607.
6-6 (b) Using the assessment system developed under Subsection
6-7 (a), the commissioner shall evaluate teachers certified by the
6-8 National Board for Professional Teaching Standards who receive a
6-9 stipend under Section 21.607. A district shall renew a teacher's
6-10 stipend every three years if the teacher meets the criteria for
6-11 stipend renewal established by the commissioner.
6-12 SECTION 2. Section 822.201(b), Government Code, is amended
6-13 to read as follows:
6-14 (b) "Salary and wages" as used in Subsection (a) means:
6-15 (1) normal periodic payments of money for service the
6-16 right to which accrues on a regular basis in proportion to the
6-17 service performed;
6-18 (2) amounts by which the member's salary is reduced
6-19 under a salary reduction agreement authorized by Chapter 610;
6-20 (3) amounts that would otherwise qualify as salary and
6-21 wages under Subdivision (1) but are not received directly by the
6-22 member pursuant to a good faith, voluntary written salary reduction
6-23 agreement in order to finance payments to a deferred compensation
6-24 or tax sheltered annuity program specifically authorized by state
6-25 law or to finance benefit options under a cafeteria plan qualifying
6-26 under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
6-27 Section 125)], if:
7-1 (A) the program or benefit options are made
7-2 available to all employees of the employer; and
7-3 (B) the benefit options in the cafeteria plan
7-4 are limited to one or more options that provide deferred
7-5 compensation, group health and disability insurance, group term
7-6 life insurance, dependent care assistance programs, or group legal
7-7 services plans;
7-8 (4) performance pay awarded to an employee by a school
7-9 district as part of a total compensation plan approved by the board
7-10 of trustees of the district and meeting the requirements of
7-11 Subsection (e); [and]
7-12 (5) the benefit replacement pay a person earns under
7-13 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
7-14 74th Legislature, 1995, except as provided by Subsection (c); [and]
7-15 (6) stipends paid to teachers in accordance with
7-16 Section 21.410, Education Code; and
7-17 (7) salary stipends paid to classroom teachers in
7-18 accordance with Section 21.607, Education Code.
7-19 SECTION 3. (a) Initial appointees to the selection
7-20 committee under Section 21.604, Education Code, as added by this
7-21 Act, take office February 1, 2002.
7-22 (b) The State Board for Educator Certification shall
7-23 designate one of its initial appointees to the selection committee
7-24 to serve a term expiring February 1, 2006, and one of its initial
7-25 appointees to serve a term expiring February 1, 2008. The State
7-26 Board of Education shall designate one of its initial appointees to
7-27 the selection committee to serve a term expiring February 1, 2006,
8-1 and one of its initial appointees to serve a term expiring February
8-2 1, 2008. The initial appointee of the commissioner of education
8-3 serves a term expiring February 1, 2004. Thereafter, members of
8-4 the committee serve terms of six years in accordance with Section
8-5 21.604, Education Code, as added by this Act.
8-6 (c) Section 21.607(a), Education Code, as added by this Act,
8-7 does not entitle a classroom teacher to a salary stipend for a year
8-8 before the effective date of this Act during which the teacher held
8-9 National Board for Professional Teaching Standards certification.
8-10 SECTION 4. This Act takes effect September 1, 2001.