By:  Bivins, West                                     S.B. No. 1327
                                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.
 1-8     (a)  To ensure that there are teachers with special training to
 1-9     work with other teachers and with students in order to improve
1-10     student 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
1-25     teacher certification examination prescribed by the board; and
 2-1                 (5)  satisfy any other requirements prescribed by the
 2-2     board.
 2-3           (d)  The course of instruction prescribed under Subsection
 2-4     (c)(3) shall be developed by the board in consultation with
 2-5     appropriate faculty members at institutions of higher education.
 2-6           SECTION 2.  Subchapter I, Chapter 21, Education Code, is
 2-7     amended by adding Section 21.411 to read as follows:
 2-8           Sec. 21.411.  MASTER MATHEMATICS TEACHER GRANT PROGRAM.
 2-9     (a)  The commissioner shall establish a master mathematics teacher
2-10     grant program to encourage teachers to:
2-11                 (1)  become certified as master mathematics teachers;
2-12     and
2-13                 (2)  work with other teachers and with students in
2-14     order to improve student mathematics performance.
2-15           (b)  From funds appropriated for the purpose, the
2-16     commissioner shall make grants to school districts as provided by
2-17     this section to pay stipends to selected certified master
2-18     mathematics teachers who teach at high-need campuses.
2-19           (c)  The commissioner shall annually identify each high-need
2-20     campus in a school district using criteria established by the
2-21     commissioner by rule, including performance on the mathematics
2-22     assessment instrument administered under Section 39.023.  The
2-23     commissioner shall also use the criteria to rank campuses in order
2-24     of greatest need.
2-25           (d)  A school district may apply to the commissioner for
2-26     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
 4-1     to reapply for a grant for two consecutive school years following
 4-2     the year of the initial grant if the district:
 4-3                 (1)  continues to pay a stipend as provided by
 4-4     Subsection (g); and
 4-5                 (2)  notifies the commissioner in writing, within the
 4-6     period and in the manner prescribed by the commissioner, that the
 4-7     circumstances on which the grant was based have not changed.
 4-8           (g)  The commissioner shall reduce payments to a school
 4-9     district proportionately to the extent a teacher does not meet the
4-10     requirements under Subsection (d)(2) for the entire school year.  A
4-11     district that employs more certified master mathematics teachers
4-12     than the number of grants available under this section shall select
4-13     the certified master mathematics teachers to whom to pay stipends
4-14     based on a policy adopted by the board of trustees of the district,
4-15     except that a district shall pay a stipend for two additional
4-16     consecutive school years to a teacher the district has selected for
4-17     and paid a stipend for a school year, who remains eligible for a
4-18     stipend under Subsection (d)(2), and for whom the district receives
4-19     a grant under this section for those years.  A decision of the
4-20     district under this subsection is final and may not be appealed.
4-21     The district may not apportion among teachers a stipend paid for
4-22     with a grant the district receives under this section.  The
4-23     district may use local money to pay additional stipends in amounts
4-24     determined by the district.
4-25           (h)  A grant a school district receives under this section is
4-26     in addition to any funding the district receives under Chapter 42.
 5-1     The commissioner shall distribute funds under this section with the
 5-2     Foundation School Program payment to which the district is entitled
 5-3     as soon as practicable after the end of the school year as
 5-4     determined by the commissioner.  A district to which Chapter 41
 5-5     applies is entitled to the grants paid under this section.  The
 5-6     commissioner shall determine the timing of the distribution of
 5-7     grants to a district that does not receive Foundation School
 5-8     Program payments.
 5-9           (i)  This section does not create a property right to a grant
5-10     or stipend.  A school district is entitled to a grant to carry out
5-11     the purposes of this section only to the extent the commissioner
5-12     makes the grant in accordance with this section and only to the
5-13     extent sufficient state funds are appropriated for those purposes.
5-14     If state funds are appropriated but are insufficient to fully fund
5-15     a grant, the commissioner shall reduce the grant paid to each
5-16     district and the district shall reduce the stipend the district
5-17     pays to each teacher under this section proportionately so that
5-18     each selected teacher receives the same amount of money.
5-19           (j)  A decision of the commissioner concerning the amount of
5-20     money to which a school district is entitled under this section is
5-21     final and may not be appealed.  Each district shall, in the manner
5-22     and at the time prescribed by the commissioner, provide to the
5-23     commissioner proof acceptable to the commissioner of the master
5-24     mathematics teacher certification of a teacher to whom the district
5-25     is paying a stipend under this section.
5-26           (k)  The commissioner may audit the expenditure of money
 6-1     appropriated for purposes of this section.  A school district's use
 6-2     of the money appropriated for purposes of this section shall be
 6-3     verified as part of the district audit under Section 44.008.
 6-4           (l)  A stipend a teacher receives under this section is not
 6-5     considered in determining whether the school district is paying the
 6-6     teacher the minimum monthly salary under Section 21.402.
 6-7           (m)  The commissioner may adopt other rules as necessary to
 6-8     implement this section.
 6-9           SECTION 3.  Subchapter J, Chapter 21, Education Code, is
6-10     amended by adding Sections 21.454 and 21.455 to read as follows:
6-11           Sec. 21.454.  MATHEMATICS TRAINING.  (a)  The commissioner
6-12     shall develop training materials and other teacher training
6-13     resources for a school district to use in assisting mathematics
6-14     teachers in developing:
6-15                 (1)  expertise in the appropriate mathematics
6-16     curriculum; and
6-17                 (2)  comprehension of the instructional approaches
6-18     that, through scientific testing, have been proven effective in
6-19     improving student mathematics skills.
6-20           (b)  The commissioner shall develop materials and resources
6-21     under this section in consultation with appropriate faculty members
6-22     at institutions of higher education.
6-23           (c)  The commissioner shall make the training materials and
6-24     other teacher training resources required under Subsection (a)
6-25     available to mathematics teachers through a variety of mechanisms,
6-26     including distance learning, mentoring programs, small group
 7-1     inquiries, computer-assisted training, and mechanisms based on
 7-2     trainer-of-trainer models.
 7-3           (d)  The commissioner shall use funds appropriated for the
 7-4     purpose to administer this section.
 7-5           Sec. 21.455.  PROFESSIONAL DEVELOPMENT INSTITUTES IN
 7-6     MATHEMATICS.  (a)  The commissioner shall develop and make
 7-7     available professional development institutes for teachers who
 7-8     provide instruction in mathematics to students at the fifth through
 7-9     eighth grade levels.
7-10           (b)  A professional development institute developed under
7-11     this section must address:
7-12                 (1)  the underlying mathematical skills required to be
7-13     taught at the relevant grade levels; and
7-14                 (2)  mathematical instruction techniques that, through
7-15     scientific testing, have been proven effective.
7-16           (c)  The commissioner shall develop professional development
7-17     institutes under this section in consultation with appropriate
7-18     faculty members at institutions of higher education.
7-19           (d)  The commissioner shall adopt criteria for selection of
7-20     teachers authorized to attend a professional development institute
7-21     developed under this section.
7-22           (e)  From funds appropriated for the purpose, the
7-23     commissioner shall pay a stipend to each teacher who completes a
7-24     professional development institute developed under this section.
7-25     The commissioner shall determine the amount of the stipend paid
7-26     under this subsection.
 8-1           SECTION 4.  Subchapter C, Chapter 7, Education Code, is
 8-2     amended by adding Section 7.058 to read as follows:
 8-3           Sec. 7.058.  RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND
 8-4     PROGRAM EFFECTIVENESS.  From funds appropriated for that purpose,
 8-5     the commissioner shall award to one or more institutions that have
 8-6     demonstrated an ability to conduct science-based research on
 8-7     effective instructional strategies that improve student performance
 8-8     in mathematics a grant to be used to:
 8-9                 (1)  develop and identify research on mathematics
8-10     skills acquisition and student learning in mathematics;
8-11                 (2)  monitor the effectiveness of professional
8-12     development institutes under Section 21.455 based on performance in
8-13     mathematics by the students of teachers who have attended an
8-14     institute;
8-15                 (3)  examine the effect of professional development
8-16     institutes on the classroom performance of teachers who have
8-17     attended an institute;
8-18                 (4)  identify common practices used at high-performing
8-19     school campuses that lead to improved student performance in
8-20     mathematics; and
8-21                 (5)  develop research on cognitive development in
8-22     children concerning mathematics skills development.
8-23           SECTION 5.  Subchapter A, Chapter 28, Education Code, is
8-24     amended by adding Section 28.007 to read as follows:
8-25           Sec. 28.007.  MATHEMATICS DIAGNOSIS.  (a)  Using funds
8-26     appropriated for the purpose, the commissioner shall develop and
 9-1     make available or contract for the development and dissemination of
 9-2     assessment instruments that a school district may use to diagnose
 9-3     student mathematics skills.  In developing the assessment
 9-4     instruments, all assessment methods available through advanced
 9-5     technology, including methods using the Internet or other computer
 9-6     resources to provide immediate assessment of a student's skills
 9-7     shall be considered.
 9-8           (b)  The results of assessment instruments developed under
 9-9     Subsection (a) may not be used for purposes of appraisals and
9-10     incentives under Chapter 21 or accountability under Chapter 39.
9-11           SECTION 6.  Subchapter C, Chapter 29, Education Code, is
9-12     amended by adding Section 29.087 to read as follows:
9-13           Sec. 29.087.  AFTER-SCHOOL AND SUMMER INTENSIVE MATHEMATICS
9-14     INSTRUCTION PROGRAMS.  (a)  A school district may provide an
9-15     intensive after-school program or an intensive program during the
9-16     period that school is recessed for the summer to provide
9-17     mathematics instruction to students:
9-18                 (1)  who are not performing at grade level in
9-19     mathematics to assist those students in performing at grade level;
9-20     or
9-21                 (2)  who are not performing successfully in a
9-22     mathematics course to assist those students in successfully
9-23     completing the course.
9-24           (b)  Before providing a program under this section, the board
9-25     of trustees of a school district must adopt a policy for:
9-26                 (1)  determining student eligibility for participating
 10-1    in the program that:
 10-2                      (A)  prescribes the grade level or course a
 10-3    student must be enrolled in to be eligible; and
 10-4                      (B)  provides for considering teacher
 10-5    recommendations in determining eligibility;
 10-6                (2)  ensuring that parents of or persons standing in
 10-7    parental relation to eligible students are provided notice of the
 10-8    program;
 10-9                (3)  ensuring that eligible students are encouraged to
10-10    attend the program;
10-11                (4)  ensuring that the program is offered at one or
10-12    more locations in the district that are easily accessible to
10-13    eligible students; and
10-14                (5)  measuring student progress on completion of the
10-15    program.
10-16          (c)  The commissioner by rule shall:
10-17                (1)  prescribe a procedure that a school district must
10-18    follow to apply for and receive funding for a program under this
10-19    section;
10-20                (2)  adopt guidelines for determining which districts
10-21    receive funding if there is not sufficient funding for each
10-22    district that applies;
10-23                (3)  require each district providing a program to
10-24    report student performance results to the commissioner within the
10-25    period and in the manner prescribed by the rule; and
10-26                (4)  based on district reports under Subdivision (3)
 11-1    and any required analysis and verification of those reports,
 11-2    disseminate to each district in this state information concerning
 11-3    instructional methods that have proved successful in improving
 11-4    student performance in mathematics.
 11-5          (d)  A program provided under this section shall be paid for
 11-6    with funds appropriated for that purpose.
 11-7          SECTION 7.  Subsection (b), Section 822.201, Government Code,
 11-8    is amended to read as follows:
 11-9          (b)  "Salary and wages" as used in Subsection (a) means:
11-10                (1)  normal periodic payments of money for service the
11-11    right to which accrues on a regular basis in proportion to the
11-12    service performed;
11-13                (2)  amounts by which the member's salary is reduced
11-14    under a salary reduction agreement authorized by Chapter 610;
11-15                (3)  amounts that would otherwise qualify as salary and
11-16    wages under Subdivision (1) but are not received directly by the
11-17    member pursuant to a good faith, voluntary written salary reduction
11-18    agreement in order to finance payments to a deferred compensation
11-19    or tax sheltered annuity program specifically authorized by state
11-20    law or to finance benefit options under a cafeteria plan qualifying
11-21    under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
11-22    Section 125)], if:
11-23                      (A)  the program or benefit options are made
11-24    available to all employees of the employer; and
11-25                      (B)  the benefit options in the cafeteria plan
11-26    are limited to one or more options that provide deferred
 12-1    compensation, group health and disability insurance, group term
 12-2    life insurance, dependent care assistance programs, or group legal
 12-3    services plans;
 12-4                (4)  performance pay awarded to an employee by a school
 12-5    district as part of a total compensation plan approved by the board
 12-6    of trustees of the district and meeting the requirements of
 12-7    Subsection (e); [and]
 12-8                (5)  the benefit replacement pay a person earns under
 12-9    Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
12-10    74th Legislature, 1995, except as provided by Subsection (c); and
12-11                (6)  stipends paid to teachers in accordance with
12-12    Section 21.410 or 21.411, Education Code.
12-13          SECTION 8.  (a)  The State Board for Educator Certification
12-14    shall propose rules establishing requirements and prescribing an
12-15    examination for master mathematics teacher certification as
12-16    required by Section 21.0482, Education Code, as added by this Act,
12-17    not later than January 1, 2003.
12-18          (b)  Beginning with the 2003-2004 school year:
12-19                (1)  the commissioner of education shall pay grants
12-20    under Section 21.411, Education Code, as added by this Act; and
12-21                (2)  school districts receiving grants shall pay
12-22    stipends to certified master mathematics teachers under Section
12-23    21.411, Education Code, as added by this Act.
12-24          SECTION 9.  This Act takes effect September 1, 2001.