By Harris S.B. No. 852
77R5531 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school teachers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 21, Education Code, is
1-5 amended by adding Section 21.005 to read as follows:
1-6 Sec. 21.005. TEACHER MENTOR AND INDUCTION PROGRAMS. (a) To
1-7 the extent that funds are available, the commissioner shall make
1-8 grants to school districts of:
1-9 (1) $3,000 for each new teacher employed by the
1-10 district who holds a certificate under Section 21.049 or a permit
1-11 under Section 21.055; and
1-12 (2) $1,000 for each new teacher employed by the
1-13 district who holds a certificate under Section 21.044 or 21.052.
1-14 (b) A school district shall use money received under
1-15 Subsection (a) only to support one or more of the following in the
1-16 district:
1-17 (1) a mentor or induction program for new teachers;
1-18 (2) employment of new teachers under a 12-month
1-19 contract that provides training and professional development;
1-20 (3) signing bonuses for employment of new teachers in
1-21 shortage areas; or
1-22 (4) payment of college tuition for appropriate
1-23 semester credit hours received by a new teacher.
1-24 SECTION 2. Subchapter B, Chapter 21, Education Code, is
2-1 amended by adding Section 21.0491 to read as follows:
2-2 Sec. 21.0491. ALTERNATIVE CERTIFICATION OF PERSON HOLDING
2-3 BACHELOR'S DEGREE. (a) In addition to issuing teaching
2-4 certificates to persons to whom Section 21.050 applies, the board
2-5 may issue a teaching certificate to a person who:
2-6 (1) holds a bachelor's degree received with an
2-7 academic major or interdisciplinary academic major, including
2-8 reading, other than education, that is related to at least one area
2-9 of the curriculum as prescribed under Subchapter A, Chapter 28; and
2-10 (2) performs satisfactorily on the examination
2-11 prescribed under Section 21.048.
2-12 (b) A person who holds a bachelor's degree with an academic
2-13 major related to only one area of the curriculum prescribed under
2-14 Subchapter A, Chapter 28, may receive a certificate to teach only
2-15 in that subject area.
2-16 SECTION 3. (a) Section 21.057, Education Code, is amended
2-17 to read as follows:
2-18 Sec. 21.057. PARENTAL NOTIFICATION. (a) A school district
2-19 shall provide notice to parents of students regarding the
2-20 qualifications of district teachers not less than once each school
2-21 year. The agency shall develop guidelines regarding the notice to
2-22 be provided, and each school district shall determine the format
2-23 and manner of distribution of the notice. The notice provided for
2-24 each teacher must identify:
2-25 (1) any degree held by the teacher and the institution
2-26 of higher education that granted the degree;
2-27 (2) the number of years of teaching experience of the
3-1 teacher in each subject taught; and
3-2 (3) any other experience or expertise of the teacher
3-3 relevant to the subject taught [that assigns an inappropriately
3-4 certified or uncertified teacher to the same classroom for more
3-5 than 30 consecutive instructional days during the same school year
3-6 shall provide written notice of the assignment to a parent or
3-7 guardian of each student in that classroom].
3-8 (b) [The superintendent of the school district shall provide
3-9 the notice required by Subsection (a) not later than the 30th
3-10 instructional day after the date of the assignment of the
3-11 inappropriately certified or uncertified teacher.]
3-12 [(c)] The school district shall:
3-13 (1) make a good-faith effort to ensure that the notice
3-14 required by this section is provided in a bilingual form to any
3-15 parent or guardian whose primary language is not English;
3-16 (2) retain a copy of any notice provided under this
3-17 section; and
3-18 (3) make information relating to teacher certification
3-19 available to the public on request.
3-20 [(d) For purposes of this section, "inappropriately
3-21 certified or uncertified teacher":]
3-22 [(1) includes:]
3-23 [(A) an individual serving on an emergency
3-24 certificate issued under Section 21.041(b)(2); or]
3-25 [(B) an individual who does not hold any
3-26 certificate or permit issued under this chapter and is not employed
3-27 as specified by Subdivision (2)(E); and]
4-1 [(2) does not include an individual:]
4-2 [(A) who is a certified teacher assigned to
4-3 teach a class or classes outside his or her area of certification,
4-4 as determined by rules proposed by the board in specifying the
4-5 certificate required for each assignment;]
4-6 [(B) serving on a certificate issued due to a
4-7 hearing impairment under Section 21.048;]
4-8 [(C) serving on a certificate issued pursuant to
4-9 enrollment in an approved alternative certification program under
4-10 Section 21.049;]
4-11 [(D) certified by another state or country and
4-12 serving on a certificate issued under Section 21.052;]
4-13 [(E) serving on a school district teaching
4-14 permit issued under Section 21.055; or]
4-15 [(F) employed under a waiver granted by the
4-16 commissioner pursuant to Section 7.056.]
4-17 (b) The Texas Education Agency shall develop guidelines
4-18 regarding notice to be provided under Section 21.057, Education
4-19 Code, as amended by Subsection (a) of this section, not later than
4-20 October 1, 2001. For the 2001-2002 school year, a school district
4-21 shall provide the required notice to parents of students not later
4-22 than November 1, 2001.
4-23 SECTION 4. Subchapter I, Chapter 21, Education Code, is
4-24 amended by adding Section 21.411 to read as follows:
4-25 Sec. 21.411. BONUSES FOR SERVICE AT LOW-PERFORMING SCHOOL
4-26 CAMPUS. (a) As provided by this section and to the extent that
4-27 funds are available, a teacher or principal who is identified by
5-1 the commissioner as an experienced, extraordinary educator and who
5-2 agrees to serve for three school years at a school campus that is
5-3 identified as low-performing by the commissioner under Subchapter
5-4 D, Chapter 39, is entitled to a bonus of $3,000.
5-5 (b) The commissioner shall adopt criteria for identifying
5-6 experienced, extraordinary educators under this section. The
5-7 criteria must include:
5-8 (1) an educator's demonstrated ability to improve
5-9 student performance;
5-10 (2) an educator's subject matter expertise;
5-11 (3) if applicable, performance by the educator's
5-12 students or former students on the Scholastic Assessment Test
5-13 (SAT), the American College Test (ACT), and the test instrument
5-14 required under Section 51.306 and in courses at an institution of
5-15 higher education; and
5-16 (4) any other criteria determined by the commissioner
5-17 to be appropriate in determining that an educator's performance is
5-18 superior.
5-19 (c) A bonus under this section must be paid at the beginning
5-20 of the first year in which the educator serves at the
5-21 low-performing campus.
5-22 (d) An educator who does not serve at the low-performing
5-23 campus during the entire period for which a bonus under this
5-24 section was awarded forfeits the bonus and shall, in accordance
5-25 with rules adopted by the commissioner, repay the bonus.
5-26 (e) The State Board for Educator Certification shall impose
5-27 sanctions on an educator who receives a bonus under this section
6-1 but does not serve at the low-performing campus during the entire
6-2 period for which the bonus was awarded.
6-3 (f) The commissioner and the State Board for Educator
6-4 Certification may waive the provisions of Subsections (d) and (e)
6-5 for good cause.
6-6 (g) The commissioner shall pay any bonuses under this
6-7 section from funds appropriated for that purpose.
6-8 SECTION 5. Section 22.051(a), Education Code, is amended to
6-9 read as follows:
6-10 (a) A professional employee of a school district is not
6-11 personally liable for any act that is incident to or within the
6-12 scope of the duties of the employee's position of employment and
6-13 that involves the exercise of judgment or discretion on the part of
6-14 the employee, except in circumstances in which a professional
6-15 employee uses excessive force in the discipline of students or
6-16 negligence resulting in bodily injury to students. This subsection
6-17 also applies to a professional employee of a school district who
6-18 provides personnel information on a current or former employee of
6-19 the school district to another school or district.
6-20 SECTION 6. This Act applies beginning with the 2001-2002
6-21 school year.
6-22 SECTION 7. (a) Except as provided by Subsection (b) of this
6-23 section, this Act takes effect immediately if it receives a vote of
6-24 two-thirds of all the members elected to each house, as provided by
6-25 Section 39, Article III, Texas Constitution. If this Act does not
6-26 receive the vote necessary for immediate effect, this Act takes
6-27 effect September 1, 2001.
7-1 (b) Sections 1 and 4 of this Act take effect September 1,
7-2 2001.