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.