1-1     By:  Bivins                                           S.B. No. 1327
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Education; April 3, 2001,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 7, Nays 0; April 3, 2001, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1327                  By:  Bivins
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to improvement of the mathematics skills of public school
1-10     students.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subchapter B, Chapter 21, Education Code, is
1-13     amended by adding Section 21.0482 to read as follows:
1-14           Sec. 21.0482.  MASTER MATHEMATICS TEACHER CERTIFICATION.
1-15     (a)  To ensure that there are teachers with special training to
1-16     work with other teachers and with students in order to improve
1-17     student mathematics performance, the board shall establish a master
1-18     mathematics teacher certificate.
1-19           (b)  The board shall issue a master mathematics teacher
1-20     certificate to each eligible person.
1-21           (c)  To be eligible for a master mathematics teacher
1-22     certificate, a person must:
1-23                 (1)  hold a teaching certificate issued under this
1-24     subchapter;
1-25                 (2)  have at least three years of teaching experience;
1-26                 (3)  satisfactorily complete a knowledge-based and
1-27     skills-based course of instruction on the science of teaching
1-28     children mathematics that includes training in mathematics
1-29     instruction and professional peer mentoring techniques that,
1-30     through scientific testing, have been proven effective;
1-31                 (4)  perform satisfactorily on the master mathematics
1-32     teacher certification examination prescribed by the board; and
1-33                 (5)  satisfy any other requirements prescribed by the
1-34     board.
1-35           (d)  The course of instruction prescribed under Subsection
1-36     (c)(3) shall be developed by the board in consultation with
1-37     appropriate faculty members at institutions of higher education.
1-38           SECTION 2.  Subchapter I, Chapter 21, Education Code, is
1-39     amended by adding Section 21.411 to read as follows:
1-40           Sec. 21.411.  MASTER MATHEMATICS TEACHER GRANT PROGRAM.
1-41     (a)  The commissioner shall establish a master mathematics teacher
1-42     grant program to encourage teachers to:
1-43                 (1)  become certified as master mathematics teachers;
1-44     and
1-45                 (2)  work with other teachers and with students in
1-46     order to improve student mathematics performance.
1-47           (b)  From funds appropriated for the purpose, the
1-48     commissioner shall make grants to school districts as provided by
1-49     this section to pay stipends to selected certified master
1-50     mathematics teachers who teach at high-need campuses.
1-51           (c)  The commissioner shall annually identify each high-need
1-52     campus in a school district using criteria established by the
1-53     commissioner by rule, including performance on the mathematics
1-54     assessment instrument administered under Section 39.023.  The
1-55     commissioner shall also use the criteria to rank campuses in order
1-56     of greatest need.
1-57           (d)  A school district may apply to the commissioner for
1-58     grants for each high-need campus identified by the commissioner to
1-59     be used to pay stipends to certified master mathematics teachers in
1-60     accordance with this section.  Unless reduced under Subsection (g)
1-61     or (i), each grant is in the amount of $5,000.  The commissioner
1-62     shall approve the application if the district:
1-63                 (1)  applies within the period and in the manner
1-64     required by rule adopted by the commissioner; and
 2-1                 (2)  agrees to use each grant only for the purpose of
 2-2     paying a year-end stipend to a master mathematics teacher:
 2-3                       (A)  who holds a certificate issued under Section
 2-4     21.0482;
 2-5                       (B)  who teaches in a position prescribed by the
 2-6     district at a high-need campus identified by the commissioner;
 2-7                       (C)  whose primary duties include:
 2-8                             (i)  teaching mathematics; and
 2-9                             (ii)  serving as a mathematics teaching
2-10     mentor to other teachers for the amount of time and in the manner
2-11     established by the district and by rule adopted by the
2-12     commissioner; and
2-13                       (D)  who satisfies any other requirements
2-14     established by rule adopted by the commissioner.
2-15           (e)  Unless reduced under Subsection (g) or (i), a stipend
2-16     under Subsection (d)(2) is in the amount of $5,000.
2-17           (f)  The commissioner shall adopt rules for the distribution
2-18     of grants to school districts following the year of the initial
2-19     grant.  A district that has been approved for a grant to pay a
2-20     stipend to a certified master mathematics teacher is not required
2-21     to reapply for grant for two consecutive school years following the
2-22     year of the initial grant if the district:
2-23                 (1)  continues to pay a stipend as provided by
2-24     Subsection (g); and
2-25                 (2)  notifies the commissioner in writing, within the
2-26     period and in the manner prescribed by the commissioner, that the
2-27     circumstances on which the grant was based have not changed.
2-28           (g)  The commissioner shall reduce payments to a school
2-29     district proportionately to the extent a teacher does not meet the
2-30     requirements under Subsection (d)(2) for the entire school year.  A
2-31     district that employs more certified master mathematics teachers
2-32     than the number of grants available under this section shall select
2-33     the certified master mathematics teachers to whom to pay stipends
2-34     based on a policy adopted by the board of trustees of the district,
2-35     except that a district shall pay a stipend for two additional
2-36     consecutive school years to a teacher the district has selected for
2-37     and paid a stipend for a school year, who remains eligible for a
2-38     stipend under Subsection (d)(2), and for whom the district receives
2-39     a grant under this section for those years.  A decision of the
2-40     district under this subsection is final and may not be appealed.
2-41     The district may not apportion among teachers a stipend paid for
2-42     with a grant the district receives under this section.  The
2-43     district may use local money to pay additional stipends in amounts
2-44     determined by the district.
2-45           (h)  A grant a school district receives under this section is
2-46     in addition to any funding the district receives under Chapter 42.
2-47     The commissioner shall distribute funds under this section with the
2-48     Foundation School Program payment to which the district is entitled
2-49     as soon as practicable after the end of the school year as
2-50     determined by the commissioner.  A district to which Chapter 41
2-51     applies is entitled to the grants paid under this section.  The
2-52     commissioner shall determine the timing of the distribution of
2-53     grants to a district that does not receive Foundation School
2-54     Program payments.
2-55           (i)  This section does not create a property right to a grant
2-56     or stipend.  A school district is entitled to a grant to carry out
2-57     the purposes of this section only to the extent the commissioner
2-58     makes the grant in accordance with this section and only to the
2-59     extent sufficient state funds are appropriated for those purposes.
2-60     If state funds are appropriated but are insufficient to fully fund
2-61     a grant, the commissioner shall reduce the grant paid to each
2-62     district and the district shall reduce the stipend the district
2-63     pays to each teacher under this section proportionately so that
2-64     each selected teacher receives the same amount of money.
2-65           (j)  A decision of the commissioner concerning the amount of
2-66     money to which a school district is entitled under this section is
2-67     final and may not be appealed.  Each district shall, in the manner
2-68     and at the time prescribed by the commissioner, provide to the
2-69     commissioner proof acceptable to the commissioner of the master
 3-1     mathematics teacher certification of a teacher to whom the district
 3-2     is paying a stipend under this section.
 3-3           (k)  The commissioner may audit the expenditure of money
 3-4     appropriated for purposes of this section.  A school district's use
 3-5     of the money appropriated for purposes of this section shall be
 3-6     verified as part of the district audit under Section 44.008.
 3-7           (l)  A stipend a teacher receives under this section is not
 3-8     considered in determining whether the school district is paying the
 3-9     teacher the minimum monthly salary under Section 21.402.
3-10           (m)  The commissioner may adopt other rules as necessary to
3-11     implement this section.
3-12           SECTION 3.  Subchapter J, Chapter 21, Education Code, is
3-13     amended by adding Sections 21.454 and 21.455 to read as follows:
3-14           Sec. 21.454.  MATHEMATICS TRAINING.  (a)  The commissioner
3-15     shall develop training materials and other teacher training
3-16     resources for a school district to use in assisting mathematics
3-17     teachers in developing:
3-18                 (1)  expertise in the appropriate mathematics
3-19     curriculum; and
3-20                 (2)  comprehension of the instructional approaches
3-21     that, through scientific testing, have been proven effective in
3-22     improving student mathematics skills.
3-23           (b)  The commissioner shall develop materials and resources
3-24     under this section in consultation with appropriate faculty members
3-25     at institutions of higher education.
3-26           (c)  The commissioner shall make the training materials and
3-27     other teacher training resources required under Subsection (a)
3-28     available to mathematics teachers through a variety of mechanisms,
3-29     including distance learning, mentoring programs, small group
3-30     inquiries, computer-assisted training, and mechanisms based on
3-31     trainer-of-trainer models.
3-32           (d)  The commissioner shall use funds appropriated for the
3-33     purpose to administer this section.
3-34           Sec. 21.455.  PROFESSIONAL DEVELOPMENT INSTITUTES IN
3-35     MATHEMATICS.  (a)  The commissioner shall develop and make
3-36     available professional development institutes for teachers who
3-37     provide instruction in mathematics to students at the fifth through
3-38     eighth grade levels.
3-39           (b)  A professional development institute developed under
3-40     this section must address:
3-41                 (1)  the underlying mathematical skills required to be
3-42     taught at the relevant grade levels; and
3-43                 (2)  mathematical instruction techniques that, through
3-44     scientific testing, have been proven effective.
3-45           (c)  The commissioner shall develop professional development
3-46     institutes under this section in consultation with appropriate
3-47     faculty members at institutions of higher education.
3-48           (d)  The commissioner shall adopt criteria for selection of
3-49     teachers authorized to attend a professional development institute
3-50     developed under this section.
3-51           (e)  From funds appropriated for the purpose, the
3-52     commissioner shall pay a stipend to each teacher who completes a
3-53     professional development institute developed under this section.
3-54     The commissioner shall determine the amount of the stipend paid
3-55     under this subsection.
3-56           SECTION 4.  Subchapter C, Chapter 7, Education Code, is
3-57     amended by adding Section 7.058 to read as follows:
3-58           Sec. 7.058.  RESEARCH ON MATHEMATICS SKILLS ACQUISITION AND
3-59     PROGRAM EFFECTIVENESS.  From funds appropriated for that purpose,
3-60     the commissioner shall award to one or more institutions that have
3-61     demonstrated an ability to conduct science-based research on
3-62     effective instructional strategies that improve student performance
3-63     in mathematics a grant to be used to:
3-64                 (1)  develop and identify research on mathematics
3-65     skills acquisition and student learning in mathematics;
3-66                 (2)  monitor the effectiveness of professional
3-67     development institutes under Section 21.455 based on performance in
3-68     mathematics by the students of teachers who have attended an
3-69     institute;
 4-1                 (3)  examine the effect of professional development
 4-2     institutes on the classroom performance of teachers who have
 4-3     attended an institute;
 4-4                 (4)  identify common practices used at high-performing
 4-5     school campuses that lead to improved student performance in
 4-6     mathematics; and
 4-7                 (5)  develop research on cognitive development in
 4-8     children concerning mathematics skills development.
 4-9           SECTION 5.  Subchapter A, Chapter 28, Education Code, is
4-10     amended by adding Section 28.007 to read as follows:
4-11           Sec. 28.007.  MATHEMATICS DIAGNOSIS.  (a)  Using funds
4-12     appropriated for the purpose, the commissioner shall develop and
4-13     make available or contract for the development and dissemination of
4-14     assessment instruments that a school district may use to diagnose
4-15     student mathematics skills.  In developing the assessment
4-16     instruments, all assessment methods available through advanced
4-17     technology, including methods using the Internet or other computer
4-18     resources to provide immediate assessment of a student's skills
4-19     shall be considered.
4-20           (b)  The results of assessment instruments required under
4-21     Subsection (a) may not be used for purposes of appraisals and
4-22     incentives under Chapter 21 or accountability under Chapter 39.
4-23           SECTION 6.  Subsection (b), Section 822.201, Government Code,
4-24     is amended to read as follows:
4-25           (b)  "Salary and wages" as used in Subsection (a) means:
4-26                 (1)  normal periodic payments of money for service the
4-27     right to which accrues on a regular basis in proportion to the
4-28     service performed;
4-29                 (2)  amounts by which the member's salary is reduced
4-30     under a salary reduction agreement authorized by Chapter 610;
4-31                 (3)  amounts that would otherwise qualify as salary and
4-32     wages under Subdivision (1) but are not received directly by the
4-33     member pursuant to a good faith, voluntary written salary reduction
4-34     agreement in order to finance payments to a deferred compensation
4-35     or tax sheltered annuity program specifically authorized by state
4-36     law or to finance benefit options under a cafeteria plan qualifying
4-37     under Section 125 of the Internal Revenue Code of 1986 [(26 U.S.C.
4-38     Section 125)], if:
4-39                       (A)  the program or benefit options are made
4-40     available to all employees of the employer; and
4-41                       (B)  the benefit options in the cafeteria plan
4-42     are limited to one or more options that provide deferred
4-43     compensation, group health and disability insurance, group term
4-44     life insurance, dependent care assistance programs, or group legal
4-45     services plans;
4-46                 (4)  performance pay awarded to an employee by a school
4-47     district as part of a total compensation plan approved by the board
4-48     of trustees of the district and meeting the requirements of
4-49     Subsection (e); [and]
4-50                 (5)  the benefit replacement pay a person earns under
4-51     Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
4-52     74th Legislature, 1995, except as provided by Subsection (c); and
4-53                 (6)  stipends paid to teachers in accordance with
4-54     Section 21.410 or 21.411, Education Code.
4-55           SECTION 7.  (a)  The State Board for Educator Certification
4-56     shall propose rules establishing requirements and prescribing an
4-57     examination for master mathematics teacher certification as
4-58     required by Section 21.0482, Education Code, as added by this Act,
4-59     not later than January 1, 2003.
4-60           (b)  Beginning with the 2003-2004 school year:
4-61                 (1)  the commissioner of education shall pay grants
4-62     under Section 21.411, Education Code, as added by this Act; and
4-63                 (2)  school districts receiving grants shall pay
4-64     stipends to certified master mathematics teachers under Section
4-65     21.411, Education Code, as added by this Act.
4-66           SECTION 8.  This Act takes effect September 1, 2001.
4-67                                  * * * * *