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Floor Packet Page No. 63
Amend CSHB 2 by Delisi by striking SECTION 2A.15 in its
entirety, beginning on page 98, line 19, and continuing through
page 101, line 9, and substituting it with the following text:
SECTION 2A.15. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.358 to read as follows:
Sec. 21.358. LEARNING ENHANCEMENT AWARD PROGRAM (LEAP) FOR
PUBLIC SCHOOL EMPLOYEES. (a) The commissioner shall establish the
Learning Enhancement Award Program to encourage school districts to
reward those employees who make outstanding contributions at the
local level to the enhancement of student learning. Each school
district shall develop a local incentive plan for distributing
incentive payments to qualifying employees under the Learning
Enhancement Award Program and shall submit the plan to the
commissioner for approval.
(b) A local incentive plan developed under this section
shall include learning enhancement goals and priorities
established annually by the school district through meetings and
discussions with classroom teachers and administrators at each
campus in the district. The local incentive plan shall delineate
specific criteria for awarding incentive payments to campuses to
distribute to employees and shall demonstrate the relationship
between those criteria and each of the learning enhancement goals
in the plan. The criteria for awarding incentive payments may
include indicators of employee performance, such as teacher
evaluations conducted by principals, peer reviews and objective
measures of student achievement.
(c) The local incentive plan developed under this section
must be approved by the district-level planning and decision-making
committee, as well as the commissioner.
(d) Each year a school district shall use an amount equal to
at least one percent of the district's total professional staff
payroll to provide incentive payments to employees in accordance
with this subchapter.
(e) Each school district shall use funds designated under
subsection (d) to provide incentive payments to campuses and
individual employees who have contributed to the advancement or
fulfillment of the learning enhancement goals established by the
district in its local incentive plan. The district-level planning
and decision-making committee shall determine the appropriate
distribution of funds under this section, in accordance with
subsections (f) and (g) and the criteria established in the local
incentive plan.
(f) At least 50% of the funds designated by a district under
subsection (d) shall be used to pay incentives to employees in any
of the following categories:
(1) Experienced teachers who are serving as trained
mentors to beginning teachers in the same school district, in
accordance with a state-approved mentoring program, such as the
Texas Beginning Educator Support System (TxBESS);
(2) Teachers who are certified in and teaching in a
curriculum subject area in which the district is experiencing a
shortage of qualified teachers, as determined by the commissioner;
(3) Teachers who are assigned to teach full-time at a
campus that is difficult to staff, as determined by the
commissioner, including a rural or academically unacceptable
campus; and
(4) Employees who, as determined by the district, have
assisted a campus in overcoming an extraordinary or unexpected
hardship that is believed to have detrimentally affected student
learning at the campus.
(g) Not more than 50% of the funds designated by the
district under subsection (d) may be used to pay incentives to each
full-time classroom teacher whose students demonstrate outstanding
achievements and/or improvements in scholarship, as delineated in
criteria in the local incentive plan. The incentive payments must
be distributed equally at the campus, department or grade level.
(h) Using funds appropriated for purposes of this section,
the commissioner shall adopt rules necessary to implement this
section. In adopting rules, the commissioner shall promote
flexibility in the design of local incentive plans.
(i) The commissioner shall annually evaluate the
effectiveness of the Learning Enhancement Award Program at each
participating campus. The evaluation must consider:
(1) the performance of the district's students on
assessment instruments administered under Section 39.023;
(2) the district's high school graduation and
completion rates;
(3) the district's teacher attrition rates;
(4) the accountability ratings of the district; and
(5) the district's success in closing performance gaps
between educationally disadvantaged students and other populations
of students.
(j) A school district shall include the following
information in employment contracts:
(1) that qualifying employees may qualify for and
receive incentive payments under the Learning Enhancement Award
Program (LEAP); and
(2) that incentive payments awarded under the Learning
Enhancement Award Program (LEAP) are considered bonuses and are not
an entitlement as part of an employee's salary.
(k) A school district's decision to provide an incentive
payment under the Learning Enhancement Award Program is final and
may not be appealed.