H.B. No. 1440




AN ACT

relating to the frequency of public school teacher appraisals.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 21.203(a), Education Code, is amended to 
read as follows:
	(a)  Except as provided by Section 21.352(c), the [The] 
employment policies adopted by a board of trustees must require a 
written evaluation of each teacher at annual or more frequent 
intervals.  The board must consider the most recent evaluations 
before making a decision not to renew a teacher's contract if the 
evaluations are relevant to the reason for the board's action.
	SECTION 2.  Section 21.352(c), Education Code, is amended to 
read as follows:
	(c)  Except as otherwise provided by this subsection, 
appraisal [Appraisal] must be done at least once during each school 
year.  A teacher may be appraised less frequently if the teacher 
agrees in writing and the teacher's most recent evaluation rated 
the teacher as at least proficient, or the equivalent, and did not 
identify any area of deficiency.  A teacher who is appraised less 
frequently than annually must be appraised at least once during 
each period of five school years.  The district shall maintain a 
written copy of the evaluation of each teacher's performance in the 
teacher's personnel file.  Each teacher is entitled to receive a 
written copy of the evaluation on its completion.  After receiving a 
written copy of the evaluation, a teacher is entitled to a second 
appraisal by a different appraiser or to submit a written rebuttal 
to the evaluation to be attached to the evaluation in the teacher's 
personnel file.  The evaluation and any rebuttal may be given to 
another school district at which the teacher has applied for 
employment at the request of that district.
	SECTION 3.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1440 was passed by the House on April 
25, 2003, by the following vote:  Yeas 146, Nays 0, 2 present, not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 1440 on May 30, 2003, by the following vote:  Yeas 139, Nays 0, 
2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1440 was passed by the Senate, with 
amendments, on May 28, 2003, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor