By Kitchen, McCall, Oliveira, Menendez,               H.B. No. 1475
         77R10173 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to master technology teacher certification, grants, and
 1-3     stipends.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter I, Chapter 21, Education Code, is
 1-6     amended by adding Section 21.411 to read as follows:
 1-7           Sec. 21.411.  MASTER TECHNOLOGY TEACHER GRANT PROGRAM.  (a)
 1-8     The commissioner shall establish a master technology teacher grant
 1-9     program to encourage teachers to:
1-10                 (1)  become certified as master technology teachers;
1-11     and
1-12                 (2)  work with other teachers and with students in
1-13     order to increase the use of technology in each classroom.
1-14           (b)  From funds appropriated for the purpose, the
1-15     commissioner shall make grants to school districts as provided by
1-16     this section to pay stipends to selected certified master
1-17     technology teachers.  The commissioner shall give preference to
1-18     teachers who teach at high-need campuses.
1-19           (c)  The commissioner shall annually identify each high-need
1-20     campus in a school district using criteria established by the
1-21     commissioner by rule.  The commissioner shall also use the criteria
1-22     to rank campuses in order of greatest need.
1-23           (d)  A school district may apply to the commissioner for
1-24     grants to be used to pay stipends to certified master technology
1-25     teachers in accordance with this section.  Unless reduced under
 2-1     Subsection (g) or (i), each grant is in the amount of $5,000.  The
 2-2     commissioner shall approve the application if the district:
 2-3                 (1)  applies within the period and in the manner
 2-4     required by rule adopted by the commissioner; and
 2-5                 (2)  agrees to use each grant only for the purpose of
 2-6     paying a year-end stipend to a master technology teacher:
 2-7                       (A)  who holds a certificate issued under Section
 2-8     21.0482;
 2-9                       (B)  who teaches in a position prescribed by the
2-10     district;
2-11                       (C)  whose primary duties include serving as a
2-12     technology training mentor to other teachers for the amount of time
2-13     and in the manner established by the district and by rule adopted
2-14     by the commissioner; and
2-15                       (D)  who satisfies any other requirements
2-16     established by  rule adopted by the commissioner.
2-17           (e)  Unless reduced under Subsection (g) or (i), a stipend
2-18     under Subsection (d)(2) is in the amount of $5,000.
2-19           (f)  The commissioner shall adopt rules for the distribution
2-20     of grants to school districts in years following the year of the
2-21     initial grant.  A district that has been approved for a grant to
2-22     pay a stipend to a certified master technology teacher is not
2-23     required to reapply for a grant for two consecutive school years
2-24     following the year of the initial grant if the district:
2-25                 (1)  continues to pay a stipend as provided by
2-26     Subsection (g); and
2-27                 (2)  notifies the commissioner in writing, within the
 3-1     period and in the manner prescribed by the commissioner, that the
 3-2     circumstances on which the grant was based have not changed.
 3-3           (g)  The commissioner shall reduce payments to a school
 3-4     district proportionately to the extent a teacher does not meet the
 3-5     requirements under Subsection (d)(2) for the entire school year.  A
 3-6     district that employs more certified master technology teachers
 3-7     than the number of grants available under this section shall select
 3-8     the certified master technology teachers to whom to pay stipends
 3-9     based on a policy adopted by the board of trustees of the district,
3-10     except that a district shall pay a stipend for two additional
3-11     consecutive school years to a teacher the district has selected for
3-12     and paid a stipend for a school year, who remains eligible for a
3-13     stipend under Subsection (d)(2), and for whom the district receives
3-14     a grant under this section for those years.  A decision of the
3-15     district under this subsection is final and may not be appealed.
3-16     The district may not apportion among teachers a stipend paid for
3-17     with a grant the district receives under this section.  The
3-18     district may use local money to pay additional stipends in amounts
3-19     determined by the district.
3-20           (h)  A grant a school district receives under this section is
3-21     in addition to any funding the district receives under Chapter 42.
3-22     The commissioner shall distribute funds under this section with the
3-23     Foundation School Program payment to which the district is entitled
3-24     as soon as practicable after the end of the school year as
3-25     determined by the commissioner.  A district to which Chapter 41
3-26     applies is entitled to the grants paid under this section.  The
3-27     commissioner shall determine the timing of the distribution of
 4-1     grants to a district that does not receive Foundation School
 4-2     Program payments.
 4-3           (i)  This section does not create a property right to a grant
 4-4     or stipend.  A school district is entitled to a grant to carry out
 4-5     the purposes of this section only to the extent the commissioner
 4-6     makes the grant in accordance with this section and only to the
 4-7     extent sufficient state funds are appropriated for those purposes.
 4-8     If state funds are appropriated but are insufficient to fully fund
 4-9     a grant, the commissioner shall determine the method of
4-10     distributing the funds.
4-11           (j)  A decision of the commissioner concerning the amount of
4-12     money to which a school district is entitled under this section is
4-13     final and may not be appealed.  Each district shall, in the manner
4-14     and at the time prescribed by the commissioner, provide to the
4-15     commissioner proof acceptable to the commissioner of the master
4-16     technology teacher certification of a teacher to whom the district
4-17     is paying a stipend under this section.
4-18           (k)  The commissioner may audit the expenditure of money
4-19     appropriated for purposes of this section. A district's use of the
4-20     money appropriated for purposes of this section shall be verified
4-21     as part of the district audit under Section 44.008.
4-22           (l)  A stipend a teacher receives under this section is not
4-23     considered in determining whether the district is paying the
4-24     teacher the minimum monthly salary under Section 21.402.
4-25           (m)  The commissioner may adopt other rules as necessary to
4-26     implement this section.
4-27           SECTION 2.  Subchapter B, Chapter 21, Education Code, is
 5-1     amended by adding Section 21.0482 to read as follows:
 5-2           Sec. 21.0482.  MASTER TECHNOLOGY TEACHER CERTIFICATION. (a)
 5-3     To ensure that there are teachers with special training to work
 5-4     with other teachers and with students in order to increase the use
 5-5     of technology in each classroom, the board shall establish a master
 5-6     technology teacher certificate.
 5-7           (b)  The board shall issue a master technology teacher
 5-8     certificate to each eligible person.
 5-9           (c)  To be eligible for a master technology teacher
5-10     certificate, a person must:
5-11                 (1)  hold a technology applications certificate issued
5-12     under this subchapter, satisfactorily complete the course of
5-13     instruction prescribed under Subdivision (2)(B), and satisfactorily
5-14     perform on the examination prescribed under Subdivision (2)(C); or
5-15                 (2)  hold a teaching certificate issued under this
5-16     subchapter and:
5-17                       (A)  have at least three years of teaching
5-18     experience;
5-19                       (B)  satisfactorily complete a knowledge-based
5-20     and skills-based course of instruction on interdisciplinary
5-21     technology applications and the science of teaching technology that
5-22     includes training in:
5-23                             (i)  effective technology instruction
5-24     techniques, including applications designed to meet the educational
5-25     needs of students with disabilities;
5-26                             (ii)  classroom teaching methodology that
5-27     engages student learning through the integration of technology;
 6-1                             (iii)  digital learning competencies,
 6-2     including Internet research, graphics, animation, website
 6-3     mastering, and video technologies;
 6-4                             (iv)  curriculum models designed to prepare
 6-5     teachers to facilitate an active student learning environment; and
 6-6                             (v)  effective professional peer mentoring
 6-7     techniques;
 6-8                       (C)  satisfactorily perform on an examination
 6-9     developed in cooperation with the Telecommunications Infrastructure
6-10     Fund Board and administered at the conclusion of the course of
6-11     instruction prescribed under Paragraph (B); and
6-12                       (D)  satisfy any other requirements prescribed by
6-13     the board.
6-14           (d)  The board may provide technology applications training
6-15     courses under Subsection (c)(2)(B) in cooperation with:
6-16                 (1)  regional education service centers; and
6-17                 (2)  other public or private entities, including any
6-18     state council on technology.
6-19           SECTION 3.  Section 822.201(b), Government Code, is amended
6-20     to read as follows:
6-21           (b)  "Salary and wages" as used in Subsection (a) means:
6-22                 (1)  normal periodic payments of money for service the
6-23     right to which accrues on a regular basis in proportion to the
6-24     service performed;
6-25                 (2)  amounts by which the member's salary is reduced
6-26     under a salary reduction agreement authorized by Chapter 610;
6-27                 (3)  amounts that would otherwise qualify as salary and
 7-1     wages under Subdivision (1) but are not received directly by the
 7-2     member pursuant to a good faith, voluntary written salary reduction
 7-3     agreement in order to finance payments to a deferred compensation
 7-4     or tax sheltered annuity program specifically authorized by state
 7-5     law or to finance benefit options under a cafeteria plan qualifying
 7-6     under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
 7-7     Section 125), if:
 7-8                       (A)  the program or benefit options are made
 7-9     available to all employees of the employer; and
7-10                       (B)  the benefit options in the cafeteria plan
7-11     are limited to one or more options that provide deferred
7-12     compensation, group health and disability insurance, group term
7-13     life insurance, dependent care assistance programs, or group legal
7-14     services plans;
7-15                 (4)  performance pay awarded to an employee by a school
7-16     district as part of a total compensation plan approved by the board
7-17     of trustees of the district and meeting the requirements of
7-18     Subsection (e); [and]
7-19                 (5)  the benefit replacement pay a person earns under
7-20     Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
7-21     74th Legislature, 1995, except as provided by Subsection (c); and
7-22                 (6)  stipends paid to teachers in accordance with
7-23     Sections [Section] 21.410 and 21.411, Education Code.
7-24           SECTION 4.  The State Board for Educator Certification shall
7-25     propose rules establishing requirements and prescribing an
7-26     examination for master technology teacher certification not later
7-27     than September 1, 2003.
 8-1           SECTION 5.  This Act takes effect immediately if it receives
 8-2     a vote of two-thirds of all the members elected to each house, as
 8-3     provided by Section 39, Article III, Texas Constitution.  If this
 8-4     Act does not receive the vote necessary for immediate effect, this
 8-5     Act takes effect September 1, 2001.