78R6499 KKA-F

By:  Eissler                                                      H.B. No. 1440



A BILL TO BE ENTITLED

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)  Appraisal must be done at least once during each school 
year, except that a teacher may be appraised less frequently if the 
teacher agrees in writing and the teacher's most recent evaluation  
was satisfactory and did not identify any area of deficiency.  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.