This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.


                                                                                

79S30826 SLO-F

By:  Delisi                                                       H.B. No. 96 


A BILL TO BE ENTITLED
AN ACT
relating to an instructional excellence program in public schools to provide for educator leadership, collaboration, and long-term career paths. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 21, Education Code, is amended by adding Subchapter P to read as follows:
SUBCHAPTER P. INSTRUCTIONAL EXCELLENCE PROGRAM
Sec. 21.751. DEFINITIONS. In this subchapter: (1) "Career teacher" means a classroom teacher who: (A) has been awarded a bachelor's degree; (B) holds an appropriate certificate issued as provided by Subchapter B by the State Board for Educator Certification; and (C) has performed successfully on elementary or secondary subject matter and professional knowledge assessment instruments, as determined by the commissioner. (2) "Program" means the instructional excellence program. Sec. 21.752. ESTABLISHMENT AND PURPOSE OF PROGRAM. (a) The commissioner by rule shall establish an instructional excellence program under which a school district may receive a grant from the agency in the manner provided by this subchapter. The rules must allow school districts flexibility in administering the program at the district level. (b) The purpose of the program is to provide career teachers with: (1) multiple career paths and options for career advancement with corresponding increases in responsibility, compensation, and leadership duties; (2) performance evaluations and career advancement on the basis of standards agreed to by career teachers at participating campuses; (3) performance bonuses awarded on the basis of superior classroom instructional performance and improved student performance; and (4) frequent, regularly scheduled, collaborative professional development so that career teachers can achieve superior professional learning and growth. Sec. 21.753. SCHOOL DISTRICT PARTICIPATION IN PROGRAM; GRANT AWARDS. (a) Using a program application developed by the agency, a school district may apply to the agency on behalf of one or more campuses in the district for the campuses to participate in the program. A district may apply on behalf of a campus only if a majority or supermajority, as specified by commissioner rule, of career teachers assigned to the campus approve the campus's participation in the program. (b) The commissioner by rule shall establish standards for selecting school districts to participate in the program. A district that is selected by the agency to participate in the program is entitled to a grant award in an amount determined by the commissioner. In addition to using grant funds received under this section, a district may use local funds to provide performance bonuses and stipends to eligible teachers and principals under this subchapter. Sec. 21.754. DISTRICT-LEVEL AND CAMPUS-LEVEL COMMITTEES. (a) A district-level committee, in coordination with campus-level committees established for each participating campus in the district, shall: (1) administer the program at the district level; (2) select career teachers and principals to receive performance bonuses under Section 21.755; and (3) select career teachers to become mentors under Section 21.756 and master teachers under Section 21.757. (b) In administering the program, the district-level and campus-level committees shall solicit advice from career teachers at participating campuses. Sec. 21.755. ANNUAL PERFORMANCE BONUS. (a) A school district that is selected to participate in the program may provide an annual performance bonus to: (1) a career teacher assigned to a participating campus in an amount not to exceed $5,000; and (2) a principal assigned to a participating campus in an amount not to exceed $4,000. (b) A career teacher is eligible to receive a performance bonus under this section if: (1) the teacher performs successfully on at least four classroom evaluations over the course of the most recent school year that are: (A) conducted in an effective manner by multiple individuals, including the campus principal and, if available, a master teacher; and (B) evaluated against research-based rubrics that use planning, instructional, and learning environment standards to measure teacher performance; and (2) the teacher's students perform successfully on assessment instruments administered under Subchapter B, Chapter 39, as demonstrated through value-added performance improvement: (A) for the entire campus; and (B) in the teacher's particular class. (c) In selecting a career teacher to receive a performance bonus under this section, a school district shall give equal consideration to the criteria specified by Subsections (b)(1) and (2). (d) A principal is eligible to receive a performance bonus under this section if the principal demonstrates excellence as determined by value-added student performance improvement for the entire campus on assessment instruments administered under Subchapter B, Chapter 39. (e) A career teacher who receives a performance bonus under this section may also receive a mentor stipend under Section 21.756 or a master teacher stipend under Section 21.757. Sec. 21.756. MENTOR STIPEND. (a) A career teacher may apply to become a mentor of other career teachers assigned to the campus to which the mentor teacher is assigned. A career teacher who is selected to become a mentor is entitled to an annual stipend in an amount not to exceed $5,000. (b) A career teacher is eligible to become a mentor under this section if the teacher: (1) has at least two years of successful teaching experience with a record of superior classroom instruction and communication skills and excellence in assisting other teachers, as demonstrated through a work portfolio and one or more classroom demonstrations; and (2) displays through student data the teacher's ability to assist students in improving student performance using specific instructional strategies. (c) To the extent practicable, in selecting career teachers to serve as mentors, a school district shall ensure that there is at least one mentor available for every 10 career teachers assigned to a participating campus. Sec. 21.757. MASTER TEACHER STIPEND. (a) A career teacher may apply to become a master teacher at the campus to which the teacher is assigned. A master teacher: (1) serves as a mentor for other career teachers and mentors; and (2) develops instructional strategy models for use by other teachers. (b) A career teacher who is selected to become a master teacher is entitled to an annual stipend in an amount not to exceed $15,000. (c) A career teacher is eligible to become a master teacher under this section if the teacher: (1) has at least five years of successful teaching experience, as demonstrated through performance evaluations, career advancement, and a work portfolio; (2) displays expertise in subject matter content and curriculum development, student instruction, assessment instrument analysis, mentoring, and professional development as demonstrated through the possession of a postgraduate degree, advanced training, or relevant career experience; (3) displays through student data the teacher's ability to assist students in improving student performance using specific instructional strategies; (4) displays instructional expertise through model teaching, team teaching, video presentations, and improvement in student performance; and (5) contributes to the teaching profession as demonstrated through relevant research projects, publications, university-level teaching experience, presentations, and awards. (d) In addition to the criteria specified by Subsection (c), a school district may give preference in selecting as a master teacher a career teacher who: (1) holds a National Board for Professional Teaching Standards certificate; (2) has been selected as teacher of the year at the campus, district, or state level; or (3) has been awarded a postgraduate degree. (e) To the extent practicable, in selecting career teachers to serve as master teachers under this section, a school district shall ensure that there is at least one master teacher available for every 15 career teachers assigned to a participating campus. Sec. 21.758. RULES. The commissioner shall adopt rules necessary to administer this subchapter. SECTION 2. Section 822.201(b), Government Code, is 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); (5) the benefit replacement pay a person earns under Subchapter H, Chapter 659, except as provided by Subsection (c); (6) stipends paid to teachers in accordance with Section 21.410, 21.411, 21.412, or 21.413, 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; and (9) stipends and performance bonuses paid to teachers and principals in accordance with Subchapter P, Chapter 21, Education Code. SECTION 3. As soon as practicable after the effective date of this Act, the commissioner of education shall: (1) adopt rules for establishing and administering the instructional excellence program under Subchapter P, Chapter 21, Education Code, as added by this Act; and (2) make the instructional excellence program available for school district participation. 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 on the 91st day after the last day of the legislative session.