By: Zaffirini S.B. No. 32
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Teachers' Excellence Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Education Code, is amended by adding
Subchapter N to read as follows:
SUBCHAPTER N. TEXAS TEACHERS' EXCELLENCE PROGRAM
Sec. 21.651. DEFINITIONS. In this subchapter:
(1) "Certification" means certification by the
National Board for Professional Teaching Standards.
(2) "Certification examination" means the National
Board for Professional Teaching Standards certification
examination.
(3) "Program" means the Texas Teachers' Excellence
Program.
Sec. 21.652. ESTABLISHMENT OF PROGRAM. The State Board for
Educator Certification shall establish the Texas Teachers'
Excellence Program to encourage teachers to become certified by the
National Board for Professional Teaching Standards. Under the
program:
(1) the State Board for Educator Certification shall:
(A) provide or authorize training to assist
teachers in meeting certification requirements;
(B) provide to teachers financial assistance as
provided by this subchapter to assist teachers in earning
certification;
(C) provide information to teachers about the
program, including the scholarships, stipends, and other
assistance available under the program; and
(D) provide staff to assist the applicant review
committee under Section 21.654; and
(2) school districts shall pay stipends to teachers
who hold certification.
Sec. 21.653. ELIGIBILITY. A teacher is eligible for
financial assistance under Section 21.655 if the teacher:
(1) is employed as a classroom teacher in this state;
(2) meets the eligibility requirements for
certification established by the National Board for Professional
Teaching Standards;
(3) applies to participate in the program on a form
developed by the State Board for Educator Certification for that
purpose; and
(4) meets other requirements adopted by the State
Board for Educator Certification.
Sec. 21.654. APPLICANT REVIEW COMMITTEE. (a) Each year,
the applicant review committee shall review the applications of all
teachers who apply to participate in the program and, from among the
applicants, select not more than 500 eligible teachers to receive
financial assistance under Section 21.655.
(b) The committee is composed of 15 members:
(1) five of whom are appointed by the State Board for
Educator Certification;
(2) five of whom are appointed by the commissioner;
and
(3) five of whom are appointed by the State Board of
Education.
(c) Members serve staggered terms of six years, with the
terms of one-third of the members expiring on February 1 of each
even-numbered year.
(d) The commissioner shall appoint the presiding officer
from among the members of the committee.
(e) The committee shall meet at least once each year in
Austin on a date determined by the presiding officer and may hold
other meetings as necessary at the call of the presiding officer or
of at least two-thirds of the members of the committee.
(f) A member of the committee is not entitled to
compensation. A member of the committee is entitled to
reimbursement of actual and necessary expenses incurred in
conducting the business of the committee.
Sec. 21.655. FINANCIAL ASSISTANCE; LEAVE. (a) The State
Board for Educator Certification shall pay the application fee for
the certification examination for each teacher selected by the
applicant review committee and shall provide to each of those
teachers a scholarship of $500 to pay other expenses of applying
for certification.
(b) A teacher selected by the committee is entitled to three
days of leave to prepare the application for certification in
addition to any other leave to which a teacher is entitled under
this code or district policy.
Sec. 21.656. REIMBURSEMENT. (a) A teacher who receives
financial assistance under Section 21.655 but fails to complete
training for the certification examination, to take the
certification examination, or to teach at least one school year in a
public school in this state after earning certification shall
reimburse the State Board for Educator Certification for the money
received under Section 21.655 unless the board determines that the
teacher is not required to pay reimbursement because the teacher's
failure is due to extenuating circumstances. A teacher may appeal
the board's decision to the commissioner in the manner and within
the period prescribed by the commissioner.
(b) A teacher who completes training for certification but
fails to perform satisfactorily on the certification examination is
not required to pay reimbursement under this section.
Sec. 21.657. SALARY STIPENDS. In addition to the minimum
salary to which a teacher is entitled under Section 21.402 and any
additional salary amount the school district employing a teacher
pays, the district shall pay:
(1) an annual stipend of $4,000 to each classroom
teacher who is certified by the National Board for Professional
Teaching Standards; and
(2) an additional stipend of $2,000 to each teacher
described by Subdivision (1) who works at least 50 hours during a
school year as a mentor providing assistance to other public school
teachers attempting to earn certification.
Sec. 21.658. FUNDING. The program, including salary
stipends under Section 21.657, shall be funded using state money
appropriated for that purpose and gifts, grants, and donations
received for that purpose.
SECTION 2. (a) 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, as amended by Chapters 118, 834, and 1301, Acts of
the 77th Legislature, Regular Session, 2001, is reenacted and
amended to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e), including salary stipends paid under Section
21.657, Education Code;
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, [as added by Chapter 417, Acts of the
74th Legislature, 1995,] except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
Section 21.410, 21.411, or 21.412, Education Code;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659; and
(8) a merit salary increase made under Section 51.962,
Education Code.
(b) 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, as amended by Chapters 118, 834, and 1301, Acts of the 77th
Legislature, Regular Session, 2001, is reenacted and amended to
read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e), including salary stipends paid under Section
21.657, Education Code;
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, [as added by Chapter 417, Acts of the
74th Legislature, 1995,] except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
Section 21.410, Education Code; Section 21.411, Education Code, as
added by Chapter 834, Acts of the 77th Legislature, Regular
Session, 2001; or Section 21.411, Education Code, as added by
Chapter 1301, Acts of the 77th Legislature, Regular Session, 2001;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659; and
(8) a merit salary increase made under Section 51.962,
Education Code.
SECTION 3. (a) Initial appointees to the applicant review
committee under Section 21.654, Education Code, as added by this
Act, take office February 1, 2004.
(b) The State Board for Educator Certification shall
designate one of its initial appointees to the applicant review
committee to serve a term expiring February 1, 2006, two of its
initial appointees to serve terms expiring February 1, 2008, and
two of its initial appointees to serve terms expiring February 1,
2010. The commissioner of education shall designate two of the
commissioner's initial appointees to the applicant review
committee to serve terms expiring February 1, 2006, one of the
commissioner's initial appointees to serve a term expiring February
1, 2008, and two of the commissioner's initial appointees to serve
terms expiring February 1, 2010. The State Board of Education shall
designate two of its initial appointees to the applicant review
committee to serve terms expiring February 1, 2006, two of its
initial appointees to serve terms expiring February 1, 2008, and
one of its initial appointees to serve a term expiring February 1,
2010. Thereafter, members of the committee serve terms of six years
in accordance with Section 21.654, Education Code, as added by this
Act.
SECTION 4. This Act takes effect September 1, 2003.