By Grusendorf H.B. No. 1627
77R6640 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to improvement of the mathematics skills of public school
1-3 students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 21, Education Code, is
1-6 amended by adding Section 21.0482 to read as follows:
1-7 Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION. (a)
1-8 To ensure that there are teachers with special training to work
1-9 with other teachers and with students in order to improve student
1-10 mathematics performance, the board shall establish a master
1-11 mathematics teacher certificate.
1-12 (b) The board shall issue a master mathematics teacher
1-13 certificate to each eligible person.
1-14 (c) To be eligible for a master mathematics teacher
1-15 certificate, a person must:
1-16 (1) hold a teaching certificate issued under this
1-17 subchapter;
1-18 (2) have at least three years of teaching experience;
1-19 (3) satisfactorily complete a knowledge-based and
1-20 skills-based course of instruction on the science of teaching
1-21 children mathematics that includes training in mathematics
1-22 instruction and professional peer mentoring techniques that,
1-23 through scientific testing, have been proven effective;
1-24 (4) perform satisfactorily on the master mathematics
2-1 teacher certification examination prescribed by the board; and
2-2 (5) satisfy any other requirements prescribed by the
2-3 board.
2-4 (d) The course of instruction prescribed under Subsection
2-5 (c)(3) shall be developed by the board in consultation with
2-6 appropriate faculty members at institutions of higher education.
2-7 SECTION 2. Subchapter I, Chapter 21, Education Code, is
2-8 amended by adding Section 21.411 to read as follows:
2-9 Sec. 21.411. MASTER MATHEMATICS TEACHER GRANT PROGRAM. (a)
2-10 The commissioner shall establish a master mathematics teacher grant
2-11 program to encourage teachers to:
2-12 (1) become certified as master mathematics teachers;
2-13 and
2-14 (2) work with other teachers and with students in
2-15 order to improve student mathematics performance.
2-16 (b) From funds appropriated for the purpose, the
2-17 commissioner shall make grants to school districts as provided by
2-18 this section to pay stipends to selected certified master
2-19 mathematics teachers who teach at high-need campuses.
2-20 (c) The commissioner shall annually identify each high-need
2-21 campus in a school district using criteria established by the
2-22 commissioner by rule, including performance on the mathematics
2-23 assessment instrument administered under Section 39.023. The
2-24 commissioner shall also use the criteria to rank campuses in order
2-25 of greatest need.
2-26 (d) A school district may apply to the commissioner for
2-27 grants for each high-need campus identified by the commissioner to
3-1 be used to pay stipends to certified master mathematics teachers in
3-2 accordance with this section. Unless reduced under Subsection (g)
3-3 or (i), each grant is in the amount of $5,000. The commissioner
3-4 shall approve the application if the district:
3-5 (1) applies within the period and in the manner
3-6 required by rule adopted by the commissioner; and
3-7 (2) agrees to use each grant only for the purpose of
3-8 paying a year-end stipend to a master mathematics teacher:
3-9 (A) who holds a certificate issued under Section
3-10 21.0482;
3-11 (B) who teaches in a position prescribed by the
3-12 district at a high-need campus identified by the commissioner;
3-13 (C) whose primary duties include:
3-14 (i) teaching mathematics; and
3-15 (ii) serving as a mathematics teaching
3-16 mentor to other teachers for the amount of time and in the manner
3-17 established by the district and by rule adopted by the
3-18 commissioner; and
3-19 (D) who satisfies any other requirements
3-20 established by rule adopted by the commissioner.
3-21 (e) Unless reduced under Subsection (g) or (i), a stipend
3-22 under Subsection (d)(2) is in the amount of $5,000.
3-23 (f) The commissioner shall adopt rules for the distribution
3-24 of grants to school districts following the year of the initial
3-25 grant. A district that has been approved for a grant to pay a
3-26 stipend to a certified master mathematics teacher is not required
3-27 to reapply for a grant for two consecutive school years following
4-1 the year of the initial grant if the district:
4-2 (1) continues to pay a stipend as provided by
4-3 Subsection (g); and
4-4 (2) notifies the commissioner in writing, within the
4-5 period and in the manner prescribed by the commissioner, that the
4-6 circumstances on which the grant was based have not changed.
4-7 (g) The commissioner shall reduce payments to a school
4-8 district proportionately to the extent a teacher does not meet the
4-9 requirements under Subsection (d)(2) for the entire school year. A
4-10 district that employs more certified master mathematics teachers
4-11 than the number of grants available under this section shall select
4-12 the certified master mathematics teachers to whom to pay stipends
4-13 based on a policy adopted by the board of trustees of the district,
4-14 except that a district shall pay a stipend for two additional
4-15 consecutive school years to a teacher the district has selected for
4-16 and paid a stipend for a school year, who remains eligible for a
4-17 stipend under Subsection (d)(2), and for whom the district receives
4-18 a grant under this section for those years. A decision of the
4-19 district under this subsection is final and may not be appealed.
4-20 The district may not apportion among teachers a stipend paid for
4-21 with a grant the district receives under this section. The
4-22 district may use local money to pay additional stipends in amounts
4-23 determined by the district.
4-24 (h) A grant a school district receives under this section is
4-25 in addition to any funding the district receives under Chapter 42.
4-26 The commissioner shall distribute funds under this section with the
4-27 Foundation School Program payment to which the district is entitled
5-1 as soon as practicable after the end of the school year as
5-2 determined by the commissioner. A district to which Chapter 41
5-3 applies is entitled to the grants paid under this section. The
5-4 commissioner shall determine the timing of the distribution of
5-5 grants to a district that does not receive Foundation School
5-6 Program payments.
5-7 (i) This section does not create a property right to a grant
5-8 or stipend. A school district is entitled to a grant to carry out
5-9 the purposes of this section only to the extent the commissioner
5-10 makes the grant in accordance with this section and only to the
5-11 extent sufficient state funds are appropriated for those purposes.
5-12 If state funds are appropriated but are insufficient to fully fund
5-13 a grant, the commissioner shall reduce the grant paid to each
5-14 district and the district shall reduce the stipend the district
5-15 pays to each teacher under this section proportionately so that
5-16 each selected teacher receives the same amount of money.
5-17 (j) A decision of the commissioner concerning the amount of
5-18 money to which a school district is entitled under this section is
5-19 final and may not be appealed. Each district shall, in the manner
5-20 and at the time prescribed by the commissioner, provide to the
5-21 commissioner proof acceptable to the commissioner of the master
5-22 mathematics teacher certification of a teacher to whom the district
5-23 is paying a stipend under this section.
5-24 (k) The commissioner may audit the expenditure of money
5-25 appropriated for purposes of this section. A district's use of the
5-26 money appropriated for purposes of this section shall be verified
5-27 as part of the district audit under Section 44.008.
6-1 (l) A stipend a teacher receives under this section is not
6-2 considered in determining whether the district is paying the
6-3 teacher the minimum monthly salary under Section 21.402.
6-4 (m) The commissioner may adopt other rules as necessary to
6-5 implement this section.
6-6 SECTION 3. Subchapter J, Chapter 21, Education Code, is
6-7 amended by adding Sections 21.454 and 21.455 to read as follows:
6-8 Sec. 21.454. MATHEMATICS TRAINING. (a) The commissioner
6-9 shall develop training materials and other teacher training
6-10 resources for a school district to use in assisting mathematics
6-11 teachers in developing:
6-12 (1) expertise in the appropriate mathematics
6-13 curriculum; and
6-14 (2) comprehension of the instructional approaches
6-15 that, through scientific testing, have been proven effective in
6-16 improving student mathematics skills.
6-17 (b) The commissioner shall develop materials and resources
6-18 under this section in consultation with appropriate faculty members
6-19 at institutions of higher education.
6-20 (c) The commissioner shall make the training materials and
6-21 other teacher training resources required under Subsection (a)
6-22 available to mathematics teachers through a variety of mechanisms,
6-23 including distance learning, mentoring programs, small group
6-24 inquiries, computer-assisted training, and mechanisms based on
6-25 trainer-of-trainer models.
6-26 (d) The commissioner shall use funds appropriated for the
6-27 purpose to administer this section.
7-1 Sec. 21.455. PROFESSIONAL DEVELOPMENT INSTITUTES IN
7-2 MATHEMATICS. (a) The commissioner shall develop and make available
7-3 professional development institutes for teachers who provide
7-4 instruction in mathematics to students at the fifth through eighth
7-5 grade levels.
7-6 (b) A professional development institute developed under
7-7 this section must address:
7-8 (1) the underlying mathematical skills required to be
7-9 taught at the relevant grade levels; and
7-10 (2) mathematical instruction techniques that, through
7-11 scientific testing, have been proven effective.
7-12 (c) The commissioner shall develop professional development
7-13 institutes under this section in consultation with appropriate
7-14 faculty members at institutions of higher education.
7-15 (d) The commissioner shall adopt criteria for selection of
7-16 teachers authorized to attend a professional development institute
7-17 developed under this section.
7-18 (e) From funds appropriated for the purpose, the
7-19 commissioner shall pay a stipend to each teacher who completes a
7-20 professional development institute developed under this section.
7-21 The commissioner shall determine the amount of the stipend paid
7-22 under this subsection.
7-23 SECTION 4. Subchapter A, Chapter 28, Education Code, is
7-24 amended by adding Section 28.007 to read as follows:
7-25 Sec. 28.007. MATHEMATICS DIAGNOSIS. (a) Using funds
7-26 appropriated for the purpose, the commissioner shall develop and
7-27 make available assessment instruments that a school district may
8-1 use to diagnose student mathematics skills. In developing the
8-2 assessment instruments, the commissioner shall consider all
8-3 assessment methods available through advanced technology, including
8-4 methods using the Internet or other computer resources to provide
8-5 immediate assessment of a student's skills.
8-6 (b) The results of assessment instruments required under
8-7 Subsection (a) may not be used for purposes of appraisals and
8-8 incentives under Chapter 21 or accountability under Chapter 39.
8-9 SECTION 5. Subchapter C, Chapter 29, Education Code, is
8-10 amended by adding Section 29.087 to read as follows:
8-11 Sec. 29.087. AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS
8-12 INSTRUCTION PROGRAMS. (a) A school district may provide an
8-13 intensive after-school program or an intensive program during the
8-14 period that school is recessed for the summer to provide
8-15 mathematics instruction to students:
8-16 (1) who are not performing at grade level in
8-17 mathematics to assist those students in performing at grade level;
8-18 or
8-19 (2) who are not performing successfully in a
8-20 mathematics course to assist those students in successfully
8-21 completing the course.
8-22 (b) Before providing a program under this section, the board
8-23 of trustees of a school district must adopt a policy for:
8-24 (1) determining student eligibility for participating
8-25 in the program that:
8-26 (A) prescribes the grade level or course a
8-27 student must be enrolled in to be eligible; and
9-1 (B) provides for considering teacher
9-2 recommendations in determining eligibility;
9-3 (2) ensuring that parents of or persons standing in
9-4 parental relation to eligible students are provided notice of the
9-5 program;
9-6 (3) ensuring that eligible students are encouraged to
9-7 attend the program;
9-8 (4) ensuring that the program is offered at one or
9-9 more locations in the district that are easily accessible to
9-10 eligible students; and
9-11 (5) measuring student progress on completion of the
9-12 program.
9-13 (c) The commissioner by rule shall:
9-14 (1) prescribe a procedure that a school district must
9-15 follow to apply for and receive funding for a program under this
9-16 section;
9-17 (2) adopt guidelines for determining which districts
9-18 receive funding if there is not sufficient funding for each
9-19 district that applies;
9-20 (3) require each district providing a program to
9-21 report student performance results to the commissioner within the
9-22 period and in the manner prescribed by the rule; and
9-23 (4) based on district reports under Subdivision (3)
9-24 and any required analysis and verification of those reports,
9-25 disseminate to each district in this state information concerning
9-26 instructional methods that have proved successful in improving
9-27 student performance in mathematics.
10-1 (d) A program provided under this section shall be paid for
10-2 with funds appropriated for that purpose.
10-3 SECTION 6. Section 822.201(b), Government Code, is amended to
10-4 read as follows:
10-5 (b) "Salary and wages" as used in Subsection (a) means:
10-6 (1) normal periodic payments of money for service the
10-7 right to which accrues on a regular basis in proportion to the
10-8 service performed;
10-9 (2) amounts by which the member's salary is reduced
10-10 under a salary reduction agreement authorized by Chapter 610;
10-11 (3) amounts that would otherwise qualify as salary and
10-12 wages under Subdivision (1) but are not received directly by the
10-13 member pursuant to a good faith, voluntary written salary reduction
10-14 agreement in order to finance payments to a deferred compensation
10-15 or tax sheltered annuity program specifically authorized by state
10-16 law or to finance benefit options under a cafeteria plan qualifying
10-17 under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
10-18 Section 125)], if:
10-19 (A) the program or benefit options are made
10-20 available to all employees of the employer; and
10-21 (B) the benefit options in the cafeteria plan
10-22 are limited to one or more options that provide deferred
10-23 compensation, group health and disability insurance, group term
10-24 life insurance, dependent care assistance programs, or group legal
10-25 services plans;
10-26 (4) performance pay awarded to an employee by a school
10-27 district as part of a total compensation plan approved by the board
11-1 of trustees of the district and meeting the requirements of
11-2 Subsection (e); [and]
11-3 (5) the benefit replacement pay a person earns under
11-4 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
11-5 74th Legislature, 1995, except as provided by Subsection (c); and
11-6 (6) stipends paid to teachers in accordance with
11-7 Section 21.410 or 21.411, Education Code.
11-8 SECTION 7. The State Board for Educator Certification shall
11-9 propose rules establishing requirements and prescribing an
11-10 examination for master mathematics teacher certification as
11-11 required by Section 21.0482, Education Code, as added by this Act,
11-12 not later than January 1, 2003.
11-13 SECTION 8. This Act takes effect September 1, 2001.