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79S31070 SLO-D
By: Delisi H.B. No. 102
A BILL TO BE ENTITLED
AN ACT
relating to a comprehensive statewide strategy for the retention
and advancement of classroom teachers and certain other
professional employees in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.402, Education Code, is amended by
adding Subsections (c-1), (c-2), and (c-3) and amending Subsection
(d) to read as follows:
(c-1) Notwithstanding Subsection (a), for the 2006-2007
school year, a classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time school nurse
is entitled to a monthly salary that is at least equal to the sum of:
(1) the monthly salary the employee would have
received for the 2006-2007 school year under the district's salary
schedule for the 2005-2006 school year, if that schedule had been in
effect for the 2006-2007 school year, including any local
supplement and any money representing a career ladder supplement
the employee would have received in the 2006-2007 school year; and
(2) depending on the employee's years of experience:
(A) $200, if the employee has less than two years
of experience;
(B) $250, if the employee has at least two but
less than five years of experience;
(C) $300, if the employee has at least five but
less than 10 years of experience;
(D) $350, if the employee has at least 10 but less
than 15 years of experience;
(E) $400, if the employee has at least 15 but less
than 20 years of experience;
(F) $450, if the employee has at least 20 but less
than 25 years of experience; or
(G) $500, if the employee has at least 25 years of
experience.
(c-2) For purposes of Subsection (c-1), an employee's years
of experience do not include any credit to which the employee is
entitled under Section 21.403(b) or (d).
(c-3) Subsections (c-1) and (c-2) and this subsection
expire September 1, 2007.
(d) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time school nurse
employed by a school district in the 2006-2007 [2000-2001] school
year is, as long as the employee is employed by the same district,
entitled to a salary that is at least equal to the salary the
employee received for the 2006-2007 [2000-2001] school year.
SECTION 2. Subchapter J, Chapter 21, Education Code, is
amended by adding Sections 21.458 and 21.459 to read as follows:
Sec. 21.458. MENTORS. (a) Each school district may assign
a mentor teacher to each classroom teacher who has less than two
years of teaching experience. A teacher assigned as a mentor must:
(1) teach in the same school;
(2) to the extent practicable, teach the same subject
or grade level, as applicable; and
(3) meet the qualifications prescribed by
commissioner rules adopted under Subsection (b).
(b) The commissioner shall adopt rules necessary to
administer this section, including rules concerning the duties and
qualifications of a teacher who serves as a mentor. The rules
concerning qualifications must require that to serve as a mentor a
teacher must:
(1) complete a research-based mentor and induction
training program approved by the commissioner;
(2) complete a mentor training program provided by the
district; and
(3) have at least three complete years of teaching
experience with a superior record of assisting students, as a
whole, in achieving growth in student performance.
(c) From the funds appropriated to the agency for purposes
of this section, the commissioner shall adopt rules and provide
funding to school districts that assign mentor teachers under this
section. Funding provided to districts under this section may be
used only for providing:
(1) mentor teacher stipends;
(2) scheduled time for mentor teachers to provide
mentoring to assigned classroom teachers; and
(3) mentoring support through providers of mentor
training.
(d) In adopting rules under Subsection (c), the
commissioner shall rely on research-based mentoring programs that,
through external evaluation, have demonstrated success.
Sec. 21.459. TEACHER RETENTION DEMONSTRATION PROJECTS. (a)
In this section, "charter school" means an open-enrollment charter
school or a college or university charter school established under
Subchapter E, Chapter 12.
(b) From funds appropriated to the agency for purposes of
this section, the commissioner may provide grants to school
districts and charter schools to design and implement teacher
retention demonstration projects that employ innovative,
research-based practices to identify and retain highly effective
teachers.
(c) A school district or charter school may use funds
received under this section to:
(1) implement teacher recruitment and selection
strategies focused on attracting new and experienced teachers who
have deep content knowledge and a commitment to long-term
participation in the teaching profession;
(2) implement alternative certification programs that
prepare individuals who have deep content knowledge and outstanding
academic or professional achievement for long-term participation
in the teaching profession;
(3) implement induction and mentoring programs that
incorporate research-based practices, including common planning
times and collaboration among new and experienced teachers;
(4) implement campus governance models that engage
teachers in leading campus management activities, including
student assessment data analysis, professional development
planning, instructional coaching, and resource allocation;
(5) implement differentiated compensation plans that
address teaching shortages in specific subject areas,
instructional weaknesses at underperforming campuses, limited
advanced academic course offerings, or other critical needs
identified by the district or charter school; or
(6) to the extent approved by the commissioner,
implement other research-based strategies designed to improve
teacher retention rates.
(d) The commissioner shall develop and implement an
evaluation plan to identify the teacher retention demonstration
projects most effective in increasing the retention of effective
teachers. The evaluation must include an analysis of the
relationship between specific teacher preparation models and
teacher effectiveness and retention. The commissioner shall
disseminate evaluation findings through a statewide communication
initiative.
SECTION 3. 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 4. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2516 to read as follows:
Sec. 42.2516. ADDITIONAL STATE AID OR CREDIT AGAINST COST
OF ATTENDANCE CREDITS FOR PROFESSIONAL STAFF SALARIES. (a) In this
section, "professional school employee" means a person who is:
(1) employed by a school district as a classroom
teacher, full-time librarian, full-time counselor certified under
Subchapter B, Chapter 21, or full-time school nurse; and
(2) entitled to a minimum salary under Section 21.402.
(b) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount, as determined by the commissioner, equal
to the sum of:
(1) $2,000 multiplied by the number of professional
school employees employed by the district with less than two years
of experience;
(2) $2,500 multiplied by the number of professional
school employees employed by the district with at least two but less
than five years of experience;
(3) $3,000 multiplied by the number of professional
school employees employed by the district with at least five but
less than 10 years of experience;
(4) $3,500 multiplied by the number of professional
school employees employed by the district with at least 10 but less
than 15 years of experience;
(5) $4,000 multiplied by the number of professional
school employees employed by the district with at least 15 but less
than 20 years of experience;
(6) $4,500 multiplied by the number of professional
school employees employed by the district with at least 20 but less
than 25 years of experience; and
(7) $5,000 multiplied by the number of professional
school employees employed by the district with at least 25 years of
experience.
(c) A school district that is required to take action under
Chapter 41 to reduce its wealth per student to the equalized wealth
level is entitled to a credit, in the amount of state aid to which
the district is entitled under this section, against the total
amount required under Section 41.093 for the district to purchase
attendance credits.
(d) A determination by the commissioner under this section
is final and may not be appealed.
(e) The commissioner may adopt rules to implement this
section.
SECTION 5. 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 6. Section 21.402, Education Code, as amended by
this Act, and Section 42.2516, Education Code, as added by this Act,
apply beginning with the 2006-2007 school year.
SECTION 7. 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 8. 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.