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.


                                                                                

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.