1-1     By:  Kitchen, et al. (Senate Sponsor - Ellis)         H.B. No. 1475
 1-2           (In the Senate - Received from the House April 27, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Education; May 9, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 8, Nays 0;
 1-6     May 9, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1475                    By:  Cain
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to master technology teacher certification, grants, and
1-11     stipends.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter I, Chapter 21, Education Code, is
1-14     amended by adding Section 21.411 to read as follows:
1-15           Sec. 21.411.  MASTER TECHNOLOGY TEACHER GRANT PROGRAM.  (a)
1-16     The commissioner shall establish a master technology teacher grant
1-17     program to encourage teachers to:
1-18                 (1)  become certified as master technology teachers;
1-19     and
1-20                 (2)  work with other teachers and with students in
1-21     order to increase the use of technology in each classroom.
1-22           (b)  From funds appropriated for the purpose, the
1-23     commissioner shall make grants to school districts as provided by
1-24     this section to pay stipends to selected certified master
1-25     technology teachers.  The commissioner shall give preference to
1-26     teachers who teach at high-need campuses.
1-27           (c)  The commissioner shall annually identify each high-need
1-28     campus in a school district using criteria established by the
1-29     commissioner by rule.  The commissioner shall also use the criteria
1-30     to rank campuses in order of greatest need.
1-31           (d)  A school district may apply to the commissioner for
1-32     grants to be used to pay stipends to certified master technology
1-33     teachers in accordance with this section.  Unless reduced under
1-34     Subsection (g) or (i), each grant is in the amount of $5,000.  The
1-35     commissioner shall approve the application if the district:
1-36                 (1)  applies within the period and in the manner
1-37     required by rule adopted by the commissioner; and
1-38                 (2)  agrees to use each grant only for the purpose of
1-39     paying a year-end stipend to a master technology teacher:
1-40                       (A)  who holds a certificate issued under Section
1-41     21.0482;
1-42                       (B)  who teaches in a position prescribed by the
1-43     district;
1-44                       (C)  whose primary duties include serving as a
1-45     technology training mentor to other teachers for the amount of time
1-46     and in the manner established by the district and by rule adopted
1-47     by the commissioner; and
1-48                       (D)  who satisfies any other requirements
1-49     established by  rule adopted by the commissioner.
1-50           (e)  Unless reduced under Subsection (g) or (i), a stipend
1-51     under Subsection (d)(2) is in the amount of $5,000.
1-52           (f)  The commissioner shall adopt rules for the distribution
1-53     of grants to school districts in years following the year of the
1-54     initial grant.  A district that has been approved for a grant to
1-55     pay a stipend to a certified master technology teacher is not
1-56     required to reapply for a grant for two consecutive school years
1-57     following the year of the initial grant if the district:
1-58                 (1)  continues to pay a stipend as provided by
1-59     Subsection (g); and
1-60                 (2)  notifies the commissioner in writing, within the
1-61     period and in the manner prescribed by the commissioner, that the
1-62     circumstances on which the grant was based have not changed.
1-63           (g)  The commissioner shall reduce payments to a school
1-64     district proportionately to the extent a teacher does not meet the
 2-1     requirements under Subsection (d)(2) for the entire school year.  A
 2-2     district that employs more certified master technology teachers
 2-3     than the number of grants available under this section shall select
 2-4     the certified master technology teachers to whom to pay stipends
 2-5     based on a policy adopted by the board of trustees of the district,
 2-6     except that a district shall pay a stipend for two additional
 2-7     consecutive school years to a teacher the district has selected for
 2-8     and paid a stipend for a school year, who remains eligible for a
 2-9     stipend under Subsection (d)(2), and for whom the district receives
2-10     a grant under this section for those years.  A decision of the
2-11     district under this subsection is final and may not be appealed.
2-12     The district may not apportion among teachers a stipend paid for
2-13     with a grant the district receives under this section.  The
2-14     district may use local money to pay additional stipends in amounts
2-15     determined by the district.
2-16           (h)  A grant a school district receives under this section is
2-17     in addition to any funding the district receives under Chapter 42.
2-18     The commissioner shall distribute funds under this section with the
2-19     Foundation School Program payment to which the district is entitled
2-20     as soon as practicable after the end of the school year as
2-21     determined by the commissioner.  A district to which Chapter 41
2-22     applies is entitled to the grants paid under this section.  The
2-23     commissioner shall determine the timing of the distribution of
2-24     grants to a district that does not receive Foundation School
2-25     Program payments.
2-26           (i)  This section does not create a property right to a grant
2-27     or stipend.  A school district is entitled to a grant to carry out
2-28     the purposes of this section only to the extent the commissioner
2-29     makes the grant in accordance with this section and only to the
2-30     extent sufficient state funds are appropriated for those purposes.
2-31     If state funds are appropriated but are insufficient to fully fund
2-32     a grant, the commissioner shall determine the method of
2-33     distributing the funds.
2-34           (j)  A decision of the commissioner concerning the amount of
2-35     money to which a school district is entitled under this section is
2-36     final and may not be appealed.  Each district shall, in the manner
2-37     and at the time prescribed by the commissioner, provide to the
2-38     commissioner proof acceptable to the commissioner of the master
2-39     technology teacher certification of a teacher to whom the district
2-40     is paying a stipend under this section.
2-41           (k)  The commissioner may audit the expenditure of money
2-42     appropriated for purposes of this section. A district's use of the
2-43     money appropriated for purposes of this section shall be verified
2-44     as part of the district audit under Section 44.008.
2-45           (l)  A stipend a teacher receives under this section is not
2-46     considered in determining whether the district is paying the
2-47     teacher the minimum monthly salary under Section 21.402.
2-48           (m)  The commissioner may adopt other rules as necessary to
2-49     implement this section.
2-50           SECTION 2.  Subchapter B, Chapter 21, Education Code, is
2-51     amended by adding Section 21.0482 to read as follows:
2-52           Sec. 21.0482.  MASTER TECHNOLOGY TEACHER CERTIFICATION. (a)
2-53     To ensure that there are teachers with special training to work
2-54     with other teachers and with students in order to increase the use
2-55     of technology in each classroom, the board shall establish a master
2-56     technology teacher certificate.
2-57           (b)  The board shall issue a master technology teacher
2-58     certificate to each eligible person.
2-59           (c)  To be eligible for a master technology teacher
2-60     certificate, a person must:
2-61                 (1)  hold a technology applications or Technology
2-62     Education certificate issued under this subchapter, satisfactorily
2-63     complete the course of instruction prescribed under Subdivision
2-64     (2)(B), and satisfactorily perform on the examination prescribed
2-65     under Subdivision (2)(C); or
2-66                 (2)  hold a teaching certificate issued under this
2-67     subchapter and:
2-68                       (A)  have at least three years of teaching
2-69     experience;
 3-1                       (B)  satisfactorily complete a knowledge-based
 3-2     and skills-based course of instruction on interdisciplinary
 3-3     technology applications and the science of teaching technology that
 3-4     includes training in:
 3-5                             (i)  effective technology instruction
 3-6     techniques, including applications designed to meet the educational
 3-7     needs of students with disabilities;
 3-8                             (ii)  classroom teaching methodology that
 3-9     engages student learning through the integration of technology;
3-10                             (iii)  digital learning competencies,
3-11     including Internet research, graphics, animation, website
3-12     mastering, and video technologies;
3-13                             (iv)  curriculum models designed to prepare
3-14     teachers to facilitate an active student learning environment; and
3-15                             (v)  effective professional peer mentoring
3-16     techniques;
3-17                       (C)  satisfactorily perform on an examination
3-18     developed in cooperation with the Telecommunications Infrastructure
3-19     Fund Board and administered at the conclusion of the course of
3-20     instruction prescribed under Paragraph (B); and
3-21                       (D)  satisfy any other requirements prescribed by
3-22     the board.
3-23           (d)  The board may provide technology applications training
3-24     courses under Subsection (c)(2)(B) in cooperation with:
3-25                 (1)  regional education service centers; and
3-26                 (2)  other public or private entities, including any
3-27     state council on technology.
3-28           SECTION 3.  Section 822.201(b), Government Code, is amended
3-29     to read as follows:
3-30           (b)  "Salary and wages" as used in Subsection (a) means:
3-31                 (1)  normal periodic payments of money for service the
3-32     right to which accrues on a regular basis in proportion to the
3-33     service performed;
3-34                 (2)  amounts by which the member's salary is reduced
3-35     under a salary reduction agreement authorized by Chapter 610;
3-36                 (3)  amounts that would otherwise qualify as salary and
3-37     wages under Subdivision (1) but are not received directly by the
3-38     member pursuant to a good faith, voluntary written salary reduction
3-39     agreement in order to finance payments to a deferred compensation
3-40     or tax sheltered annuity program specifically authorized by state
3-41     law or to finance benefit options under a cafeteria plan qualifying
3-42     under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C.
3-43     Section 125), if:
3-44                       (A)  the program or benefit options are made
3-45     available to all employees of the employer; and
3-46                       (B)  the benefit options in the cafeteria plan
3-47     are limited to one or more options that provide deferred
3-48     compensation, group health and disability insurance, group term
3-49     life insurance, dependent care assistance programs, or group legal
3-50     services plans;
3-51                 (4)  performance pay awarded to an employee by a school
3-52     district as part of a total compensation plan approved by the board
3-53     of trustees of the district and meeting the requirements of
3-54     Subsection (e); [and]
3-55                 (5)  the benefit replacement pay a person earns under
3-56     Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
3-57     74th Legislature, 1995, except as provided by Subsection (c); and
3-58                 (6)  stipends paid to teachers in accordance with
3-59     Sections [Section] 21.410 and 21.411, Education Code.
3-60           SECTION 4.  The State Board for Educator Certification shall
3-61     propose rules establishing requirements and prescribing an
3-62     examination for master technology teacher certification not later
3-63     than September 1, 2003.
3-64           SECTION 5.  This Act takes effect immediately if it receives
3-65     a vote of two-thirds of all the members elected to each house, as
3-66     provided by Section 39, Article III, Texas Constitution.  If this
3-67     Act does not receive the vote necessary for immediate effect, this
3-68     Act takes effect September 1, 2001.
 4-1                                  * * * * *