SRC-TAG, TJG S.B. 142 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 142
78R934 KKA-DBy: Ellis, Rodney
Education
3/18/2003
As Filed


DIGEST AND PURPOSE      

Currently, Texas students' performance on tests in the areas of math and
science are well below the national average.  In order to improve the test
scores, some advocates believe that a " Master Science" program needs to
be developed to identify effective instructional practices for those
subjects.  As proposed, S.B. 142 establishes a master science teacher
certificate for teachers at elementary through high schools levels, and
provides a stipend for teachers holding a master science teacher
certificate. 
RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 2 (Section 21.413, Education Code) and SECTION 4 (Section
29.089, Education Code) of this bill.  

Rulemaking authority is expressly granted to the State Board for Educator
Certification in SECTION 6 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21B, Education Code, by adding Section 21.0484,
as follows: 

Sec. 21.0484.  MASTER SCIENCE TEACHER CERTIFICATION.  (a)  Requires the
State Board for Educator Certification (SBEC) to establish a master of
science teacher certificate to teach science at each of certain grade
levels to ensure that there are teachers with special training to work
with other teachers and with students in order to improve student science
performance. 

(b) Requires SBEC to issue the appropriate master of science teacher
certificate to each eligible person. 

(c) Requires a person to meet certain requirements to be eligible for a
master of science teacher certificate. 

(d) Requires the prescribed course of instruction to be developed by SBEC
in consultation with science faculty members at institutions of higher
education. 

SECTION 2.  Amends Chapter 21I, Education Code, by adding Section 21.413,
as follows: 

Sec. 21.413.  MASTER SCIENCE TEACHER GRANT PROGRAM.  (a) Requires the
commissioner of education (commissioner) to establish a master science
teacher grant program to encourage certain activities from teachers.  

(b)  Requires the commissioner, from funds appropriated for the purpose,
to make grants to school districts as provided by this section to pay
stipends to selected certified master science teachers who teach at
high-need campuses. 

(c)  Requires the commissioner to annually identify each high-need campus
in a school  district using criteria established by the commissioner by
rule, including performance on the science assessment instrument
administered under Section 39.023 (Adoption and Administration of
Instruments).  Requires the commissioner to also use the criteria to rank
campuses in order of greatest need. 

(d) Authorizes a school district to apply to the commissioner for grants
for each highneed campus identified by the commissioner to be used to pay
stipends to certified master science teachers in accordance with this
section.  Provides that each grant is in the amount of $5,000, unless
reduced under Subsection (g) or (i).  Requires the commissioner to approve
the application if the district meets certain criteria. 

(e) Provides that a stipend under Subsection (d)(2) is in the amount of
$5,000, unless reduced under Subsection (g) or (i). 

(f) Requires the commissioner to adopt rules for the distribution of
grants to school districts following the year of the initial grant.
Provides that a district that has been approved for a grant to pay a
stipend to a certified master science teacher is not required to reapply
for a grant for two consecutive school years following the year of the
initial grant if the district meets certain criteria. 

(g) Requires the commissioner to reduce payments to a school district
proportionately to the extent a teacher does not meet the requirements for
the entire school year. Requires a district that employs more certified
master science teachers than the number of grants available under this
section to select the certified master science teachers to whom to pay
stipends based on a policy adopted by the board of trustees of the
district, except that a district is required to pay a stipend for two
additional consecutive school years to a teacher the district has selected
for and paid a stipend under Subsection (d)(2), and for whom the district
receives a grant under this section for those years.  Provides that a
decision of a district under this subsection is final and is prohibited
from being appealed.  Prohibits the district from apportioning among
teachers a stipend paid for with a grant the district receives under this
section. Authorizes the district to use local money to pay additional
stipends in amounts determined by the district. 

(h) Provides that a grant a school district receives under this section is
in addition to any funding the district receives under Chapter 42
(Foundation School Program).  Requires the commissioner to distribute
funds under this section with the Foundation School Program payment to
which the district is entitled as soon as practicable after the end of the
school year as determined by the commissioner.  Provides that a district
to which Chapter 41 (Equalized Wealth Level) applies is entitled to the
grants paid under this section.  Requires the commissioner to determine
the timing of the distribution of grants to a district that does not
receive Foundation School Program payments. 

(i) Provides that this section does not create a property right to a grant
or stipend. Provides that a school district is entitled to a grant to
carry out the purposes of this section only to the extent the commissioner
makes the grant in accordance with this section and only to the extent
sufficient state funds are appropriated for those purposes. Requires the
commissioner, if state funds are appropriated but are insufficient to
fully fund a grant, to reduce the grant paid to each district and requires
the district to reduce the stipend the district pays to each teacher under
this section proportionately so that each selected teacher receives the
same amount of money. 

(j) Provides that a decision of the commissioner concerning the amount of
money to which a school district is entitled under this section is final
and is prohibited from being appealed.  Requires each district to provide
the commissioner proof acceptable to the  commissioner of the master
science teacher certification of a teacher to whom the district is paying
a stipend under this section. 

(k) Authorizes the commissioner to audit the expenditure of money
appropriated for purposes of this section.  Requires a district's use of
the money appropriated for purposes of this section to be verified as part
of the district audit under Section 44.008 (Annual Audit; Report). 

(l) Provides that a stipend a teacher receives under this section is not
considered in determining whether the district is paying the teacher a
minimum monthly salary under Section 21.402 (Minimum Salary Schedule for
Certain Professional Staff).  

(m) Authorizes the commissioner to adopt other rules as necessary to
implement this section. 

SECTION 3.  Amends Chapter 21J, Education Code, by adding Sections 21.456
and 21.457, as follows: 

Sec. 21.456.  SCIENCE TRAINING.  (a) Requires the commissioner to develop
training materials and other teacher training resources for a school
district to use in assisting science teachers in developing certain
skills.  

(b) Requires the commissioner to develop materials and resources under
this section in consultation with appropriate faculty members at
institutions of higher education. 

(c) Requires the commissioner to make the training materials and other
teacher training resources required under Subsection (a) available to
science teachers through a variety of certain mechanisms. 

(d) Requires the commissioner to use funds appropriated for the purpose to
administer this section. 

Sec. 21.457.  PROFESSIONAL DEVELOPMENT INSTITUTES IN SCIENCE.  (a)
Requires the commissioner to develop and make available professional
development institutes for teachers who provide instruction in science to
students at the fifth through eighth grade levels. 

(b) Requires a professional development institute developed under this
section to address certain issues. 

(c) Requires the commissioner to develop professional development
institutes under this section in consultation with science faculty members
at institutions of higher education. 

(d) Requires the commissioner to adopt criteria for selection of teachers
authorized to attend a professional development institute developed under
this section. 

(e) Requires the commissioner, from funds appropriated for the purpose, to
pay a stipend to each teacher who completes a professional development
institute developed under this section.  Requires the commissioner to
determine the amount of the stipend paid under this section. 

SECTION 4.  Amends Chapter 29C, Education Code, by adding Section 29.089,
as follows: 

Sec. 29.089.  AFTER-SCHOOL AND SUMMER INTENSIVE SCIENCE INSTRUCTION
PROGRAMS.  (a) Authorizes a school district to provide an intensive
afterschool program or an intensive program during the period that school
is recessed for the summer to provide science instruction to certain
students. 

(b) Requires the board of trustees of a school district, before providing
a program under this section, to adopt a policy for certain issues. 

(c) Requires the commissioner, by rule, to take certain actions regarding
a district's funding. 

(d) Requires a program under this section to be paid for with funds
appropriated for the purpose. 

SECTION 5.  (a) Provides that if the Act of the 78th Legislature, Regular
Session, 2003, relating to nonsubstantive additions to and corrections in
enacted codes takes effect, Section 822.201(b), Government Code
(Membership Requirement) as amended by Chapters 118, 834, and 1301, Acts
of the 77th Legislature, Regular Session, 2001, is reenacted and amended
to delete existing text relating to the definition of "salary and wages"
as used in Subsection (a).  Makes conforming change relating to the
addition of Sections 21.412 and 21.413, Education Code. 

(b) Provides that if the Act of the 78th Legislature, Regular Session,
2003, relating to nonsubstantive additions to and corrections in enacted
codes does not take effect, Section 822.201(b), Government Code
(Membership Requirement) as amended by Chapters 118, 834, and 1301, Acts
of the 77th Legislature, Regular Session, 2001, is reenacted and amended
to amend the definition of "salary and wages" to reflect changes made to
the Education Code by the 77th Legislature.  Makes conforming and
nonsubstantive changes.  

SECTION 6.  (a) Requires SBEC to propose rules establishing requirements
and prescribing an examination for master science teacher certification as
required by Section 21.0484 (Master Science Teacher Certification),
Education Code, as added by this Act, not later than January 1, 2005. 

(b) Requires the commissioner, beginning with the 2005-2006 school year,
to pay grants under Section 21.413 (Master Science Teacher Grant Program),
Education Code, as added by this Act and requires school districts
receiving grants to pay stipends to certified master science teachers
under Section 21.413 (Master Science Teacher Grant Program), Education
Code, as added by this Act, beginning with the 2005-2006 school year. 

SECTION 7.  Effective date: September 1, 2003.