77R11102 CAS-F
By Salinas, Kitchen, Olivo, Dunnam, et al. H.B. No. 1310
Substitute the following for H.B. No. 1310:
By Dutton C.S.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
2-1 committee under Section 21.604; and
2-2 (2) school districts shall pay stipends to teachers
2-3 who hold certification.
2-4 Sec. 21.603. ELIGIBILITY. A teacher is eligible for
2-5 financial assistance under Section 21.605 if the teacher:
2-6 (1) is employed as a classroom teacher in this state;
2-7 (2) meets the eligibility requirements for
2-8 certification established by the National Board for Professional
2-9 Teaching Standards;
2-10 (3) applies to participate in the program on a form
2-11 developed by the State Board for Educator Certification for that
2-12 purpose; and
2-13 (4) meets other requirements adopted by the State
2-14 Board for Educator Certification.
2-15 Sec. 21.604. SELECTION COMMITTEE. (a) If the selection
2-16 committee appointed under this section receives not more than 100
2-17 applications in a fiscal year from eligible applicants for
2-18 financial assistance under Section 21.605, the committee shall
2-19 accept the application of each eligible applicant to receive
2-20 financial assistance under Section 21.605. If the committee
2-21 receives more than 100 applications in a fiscal year from eligible
2-22 applicants and accepting the applications of all of the eligible
2-23 applicants would result in the expenditure of an amount of money
2-24 greater than the amount available for that fiscal year for
2-25 financial awards under Section 21.605, the committee shall review
2-26 all of the applications and, from among the applicants, select not
2-27 more than 100 eligible applicants to receive financial assistance
3-1 under Section 21.605.
3-2 (b) The committee is composed of five members:
3-3 (1) two of whom are appointed by the State Board for
3-4 Educator Certification;
3-5 (2) two of whom are appointed by the State Board of
3-6 Education; and
3-7 (3) one of whom is appointed by the commissioner.
3-8 (c) At least one member appointed by the State Board for
3-9 Educator Certification and at least one member appointed by the
3-10 State Board of Education must be a teacher who is certified by the
3-11 National Board for Professional Teaching Standards.
3-12 (d) Members serve staggered terms of six years, with the
3-13 terms of as near as possible to one-third of the members expiring
3-14 on February 1 of each even-numbered year.
3-15 (e) The commissioner shall appoint the presiding officer
3-16 from among the members of the committee.
3-17 (f) The committee shall meet at least once each year in
3-18 Austin on a date determined by the presiding officer and may hold
3-19 other meetings as necessary at the call of the presiding officer or
3-20 of at least two-thirds of the members of the committee.
3-21 (g) A member of the committee is not entitled to
3-22 compensation. A member of the committee is entitled to
3-23 reimbursement of actual and necessary expenses incurred in
3-24 conducting the business of the committee.
3-25 Sec. 21.605. FINANCIAL ASSISTANCE; LEAVE. (a) The State
3-26 Board for Educator Certification shall pay the application fee for
3-27 the certification examination for each teacher selected by the
4-1 selection committee and shall provide to each of those teachers a
4-2 scholarship to pay other expenses of applying for certification.
4-3 (b) The board shall establish the amount of a scholarship
4-4 under Subsection (a), except that the amount may not exceed:
4-5 (1) $1,500 paid from funds specified under Sections
4-6 21.608(1) and (3); and
4-7 (2) $1,000 paid from funds specified under Section
4-8 21.608(2).
4-9 (c) A teacher selected by the committee is entitled to three
4-10 days of leave to prepare the application for certification in
4-11 addition to any other leave to which a teacher is entitled under
4-12 this code or district policy.
4-13 Sec. 21.606. REIMBURSEMENT. (a) A teacher who receives
4-14 financial assistance under Section 21.605 but fails to complete
4-15 training for the certification examination, to take the
4-16 certification examination, or to teach at least one school year in
4-17 a public school after earning certification shall reimburse the
4-18 State Board for Educator Certification for the money received under
4-19 Section 21.605 unless the board determines that the teacher is not
4-20 required to pay reimbursement because the teacher's failure is due
4-21 to extenuating circumstances. A teacher may appeal the board's
4-22 decision to the selection committee in the manner and within the
4-23 period prescribed by the selection committee.
4-24 (b) A teacher who completes training for certification but
4-25 fails to perform satisfactorily on the certification examination is
4-26 not required to pay reimbursement under this section.
4-27 Sec. 21.607. SALARY STIPENDS. (a) In addition to the
5-1 minimum salary to which a teacher is entitled under Section 21.402
5-2 and any additional salary amount the school district employing a
5-3 teacher pays, the district shall pay:
5-4 (1) an annual stipend of $4,000 to each classroom
5-5 teacher who, at the beginning of the school year, is certified by
5-6 the National Board for Professional Teaching Standards; and
5-7 (2) an additional stipend of $2,000 to each teacher
5-8 described by Subdivision (1) who works at least 40 hours during a
5-9 school year as a mentor providing assistance to other public school
5-10 teachers.
5-11 (b) A classroom teacher who is employed by a school district
5-12 in this state and becomes certified by the National Board for
5-13 Professional Teaching Standards during a school year is entitled to
5-14 a stipend under Subsection (a)(1) and, if applicable, under
5-15 Subsection (a)(2), beginning with the school year following the
5-16 school year in which certification is granted.
5-17 Sec. 21.608. FUNDING. The program, including salary
5-18 stipends under Section 21.607, shall be funded using:
5-19 (1) funds appropriated to the State Board for Educator
5-20 Certification that may be used for that purpose;
5-21 (2) funds provided to the board through federal grants
5-22 that may be used for that purpose; and
5-23 (3) gifts, grants, and donations received for that
5-24 purpose.
5-25 SECTION 2. Section 822.201(b), Government Code, is amended
5-26 to read as follows:
5-27 (b) "Salary and wages" as used in Subsection (a) means:
6-1 (1) normal periodic payments of money for service the
6-2 right to which accrues on a regular basis in proportion to the
6-3 service performed;
6-4 (2) amounts by which the member's salary is reduced
6-5 under a salary reduction agreement authorized by Chapter 610;
6-6 (3) amounts that would otherwise qualify as salary and
6-7 wages under Subdivision (1) but are not received directly by the
6-8 member pursuant to a good faith, voluntary written salary reduction
6-9 agreement in order to finance payments to a deferred compensation
6-10 or tax sheltered annuity program specifically authorized by state
6-11 law or to finance benefit options under a cafeteria plan qualifying
6-12 under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
6-13 Section 125)], if:
6-14 (A) the program or benefit options are made
6-15 available to all employees of the employer; and
6-16 (B) the benefit options in the cafeteria plan
6-17 are limited to one or more options that provide deferred
6-18 compensation, group health and disability insurance, group term
6-19 life insurance, dependent care assistance programs, or group legal
6-20 services plans;
6-21 (4) performance pay awarded to an employee by a school
6-22 district as part of a total compensation plan approved by the board
6-23 of trustees of the district and meeting the requirements of
6-24 Subsection (e); [and]
6-25 (5) the benefit replacement pay a person earns under
6-26 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
6-27 74th Legislature, 1995, except as provided by Subsection (c); [and]
7-1 (6) stipends paid to teachers in accordance with
7-2 Section 21.410, Education Code; and
7-3 (7) salary stipends paid to classroom teachers in
7-4 accordance with Section 21.607, Education Code.
7-5 SECTION 3. (a) Initial appointees to the selection
7-6 committee under Section 21.604, Education Code, as added by this
7-7 Act, take office February 1, 2002.
7-8 (b) The State Board for Educator Certification shall
7-9 designate one of its initial appointees to the selection committee
7-10 to serve a term expiring February 1, 2006, and one of its initial
7-11 appointees to serve a term expiring February 1, 2008. The State
7-12 Board of Education shall designate one of its initial appointees to
7-13 the selection committee to serve a term expiring February 1, 2006,
7-14 and one of its initial appointees to serve a term expiring February
7-15 1, 2008. The initial appointee of the commissioner of education
7-16 serves a term expiring February 1, 2004. Thereafter, members of
7-17 the committee serve terms of six years in accordance with Section
7-18 21.604, Education Code, as added by this Act.
7-19 (c) Section 21.607(a), Education Code, as added by this Act,
7-20 does not entitle a classroom teacher to a salary stipend for a year
7-21 before the effective date of this Act during which the teacher held
7-22 National Board for Professional Teaching Standards certification.
7-23 SECTION 4. This Act takes effect September 1, 2001.