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Floor Packet Page No. 139
Amend CSHB 2 as follows:
(1) Amend the heading to ARTICLE 2 to read as follows:
"STUDENT-TEACHER EXCELLENCE AND GOOD SCHOOLS [EDUCATION
EXCELLENCE]".
(2) Strike SECTION 2A.04 and substitute the following:
SECTION 2A.04. Section 21.402, Education Code, is amended by
amending Subsections (a) and (d) and adding Subsections (c-1),
(c-2), (c-3), (e) and (f) to read as follows:
(a) Except as provided by Subsection (d), (e), or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience, determined by the
following formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student
available to a district eligible to receive state assistance under
Section 42.302 with an enrichment tax rate, as defined by Section
42.302, equal to the maximum rate authorized under Section 42.303,
except that the amount of state and local funds per weighted student
does not include the amount attributable to the increase in the
guaranteed level made by HB 3343, Acts of the 77th Legislature,
Regular Session, 2001 or by HB 2, Acts of the 79th Legislature,
Regular Session, 2005.
(c-1) Notwithstanding Subsection (a), for the 2005-2006
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 2005-2006 school year under the district's salary schedule
or other compensation system, including any local supplement and
any money representing a career ladder supplement the employee
would have received in the 2005-2006 school year; and
(2) $200.
(c-2) 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
or other compensation system, 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) $400.
(c-3) Subsections (c-1) and (c-2) and this subsection expire
September 1, 2006.
(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.
(e-1) For the 2005-2006 school year, in addition the amounts
specified in (c-1), each school district shall spend an amount
equal to the product of $400 multiplied by the number of classroom
teachers, full-time librarians, full-time counselors certified
under Subchapter B, Chapter 21, and full-time school nurses
employed by the district and entitled to a minimum salary under
Section 21.402 on:
(1) additional across the board salary increases for
all employees subject to the minimum salary schedule; or
(2) additional stipends, in amounts determined by the
district, to encourage successful classroom teachers who hold
appropriate certificates issued as provided by Subchapter B and
have at least three years of classroom experience to:
(A) teach or serve as a mentor or master teacher
at a campus that is considered low-performing under Section 39.132;
(B) teach or serve as a mentor or master teacher
at a campus or in a program where at least 70 percent of the students
are educationally disadvantaged;
(C) serve as a mentor or master teacher in a
subject for which they are certified and which is designated by the
Commissioner as a critical shortage area; or
(D) teach or serve in a program that is designed
to provide highly qualified teachers to students that are at risk of
failing or dropping out.
(e-2) Beginning with the 2006-2007 school year, in addition
to the amounts specified in (c-2), each school district shall spend
an amount equal to the product of $800 multiplied by the number of
classroom teachers, full-time librarians, full-time counselors
certified under Subchapter B, Chapter 21, and full-time school
nurses employed by the district and entitled to a minimum salary
under Section 21.402 on:
(1) additional across the board salary increases for
all employees subject to the minimum salary schedule; or
(2) additional stipends, in amounts determined by the
district, to encourage successful classroom teachers who hold
appropriate certificates issued as provided by Subchapter B and
have at least three years of classroom experience to:
(A) teach or serve as a mentor or master teacher
at a campus that is considered low-performing under Section 39.132;
(B) teach or serve as a mentor or master teacher
at a campus or in a program where at least 70 percent of the students
are educationally disadvantaged;
(C) serve as a mentor or master teacher in a
subject for which they are certified and which is designated by the
Commissioner as a critical shortage area; or
(D) teach or serve in a program that is designed
to provide highly qualified teachers to students that are at a risk
of failing or dropping out.
(f) No later than June 1, 2007, the commissioner shall adjust
the factors in Subsection (a) above such that the minimum monthly
salary calculated under Subsection (a) is $400 greater than the
minimum monthly salary the formula would have generated.
(3) On page 69, line 11, between "software" and "or" insert
"or provide commercially available software".
(4) Strike SECTIONS 2C.01, 2C.05, and 2C.06.
(5) Strike SECTIONS 2C.02 and 2C.10.
(6) In ARTICLE 2, PART C, add the following
appropriately-numbered SECTION to read as follows:
SECTION 2C. . Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.0216 to read as follows:
Sec. 28.0216. LIMITS ON ASSIGNMENT OF STUDENTS TO TEACHERS.
(a) A student in grades Kindergarten through 6 may not be assigned
for two consecutive school years to a teacher who:
(1) has less than one year of teaching experience; or
(2) does not hold the appropriate certificate issued by
the State Board for Educator Certification.
(b) In a subject for which a student takes an assessment
under Section 39.023(a) or (c), a student in grade 7 or higher may
not be assigned for two consecutive school years to a teacher who:
(1) has less than one year of teaching experience; or
(2) does not hold the appropriate certificate issued by
the State Board for Educator Certification.
(7) Strike SECTION 2D.03.
(8) Strike SECTION 2D.13.
(9) On page 94, strike lines 25 and 26 and substitute
"required by this subchapter, a school district shall provide to
high school students at grade levels determined by the commissioner
the opportunity to take"
(10) Beginning on page 107, line 17, strike all language
through page 110, line 20.
(11) On page 129, line 17, strike "has" and substitute "and
"private or independent institution of higher education" have".
(12) On page 130, strike lines 1 through 5 and substitute
"this section.".
(13) On page 130, line 24, between "university" and "whose"
insert "or private or independent institution of higher education".
(14) In ARTICLE 3, strike the following conforming
amendments: SECTIONS 3.01, 3.02, 3.03, 3.04, and 3.05.
(15) Strike SECTION 3.06 and substitute the following:
SECTION 3.01. Section 12.106(a), Education Code, is amended
to read as follows:
(a) A charter holder is entitled to receive for the
open-enrollment charter school funding under Chapter 42 as if the
school were a school district without a tier one local share for
purposes of Section 42.253 and without any local revenue ("LR") for
purposes of Section 42.302. In determining funding for an
open-enrollment charter school, adjustments under Sections 42.102,
42.103, 42.104, and 42.105 and the district enrichment tax rate
("DTR") under Section 42.302 are based on the average adjustment
and average district enrichment tax rate for the state, as
estimated at the beginning of the school year, and provided that the
amount of state funding for each student is not subject to
adjustment after the beginning of the school year due to changes in
the property value or collection rates for the state.
(16) In ARTICLE 3, strike the following conforming
amendments: SECTIONS 3.07, 3.08, 3.09, 3.10, 3.12, 3.13, 3.14,
3.15, 3.16, and 3.17.
(17) In ARTICLE 3, strike the following conforming
amendments: SECTIONS 3.25 and 3.26.
(18) On page 150, strike lines 4 through 9 and substitute the
following:
"(b) After setting aside an appropriate amount in accordance
with this section, the commissioner shall proportionately reduce
each district's tier one allotment or, for a district that does not
receive a Tier I allotment, increase the district's payments under
Chapter 41. A reduction in tier one allotments under this section
does not affect the computation of the guaranteed amount of revenue
per student per cent of tax effort under Section 42.252."
(19) In ARTICLE 3, strike SECTIONS 3.28 through 3.50.
(20) In ARTICLE 3, insert the following
appropriately-numbered SECTIONS to read as follows:
SECTION 3. . Section 42.005(a), Education Code, is amended
by adding Subdivision (3) to read as follows:
(3) for a district that operates under a flexible
school day program under Section 29.0822, the average daily
attendance as calculated by the commissioner in accordance with
Section 29.0822(d).
SECTION 3. . Section 42.102 is amended to read as follows:
(a) The basic allotment for each district is adjusted to
reflect the geographic variation in known resource costs and costs
of education due to factors beyond the control of the school
district.
(b) The cost of education adjustment is the cost of education
index adjustment adopted by the foundation school fund budget
committee and contained in Chapter 203, Title 19, Texas
Administrative Code, as that chapter existed on March 26, 1997. The
commissioner shall adjust modify adjustment as necessary to
compensate for the equal application of the adjustment to each of
the two tiers of the system.
SECTION 3. . (1) Section 403.302(j), Education Code, is
amended to read as follows:
(j) For purposes of Section 42.2511, Education Code, the
comptroller shall certify to the commissioner of education:
(1) a final value for each school district computed on
a residence homestead exemption under Section 1-b(c), Article VIII,
Texas Constitution, of $15,000 [$5,000]; and
(2) a final value for each school district computed on:
(A) a residence homestead exemption under Section
1-b(c), Article VIII, Texas Constitution, of $45,000 [$15,000]; and
(B) the effect of the additional limitation on
tax increases under Section 1-b(d), Article VIII, Texas
Constitution.
(2) This Section takes effect only if HJR , Acts of
the 79th Legislature, Regular Session, 2005, takes. If that
resolution does not take effect, this Section has no effect."
(21) On page 163, line 17, strike "and 57".
(22) On page 163, strike lines 21-22 and reletter remaining
subsections appropriately.
(23) Beginning on page 163, line 23, strike all language
through page 164, line 3, and substitute the following:
"(c) Sections 21.357, 39.023(j), 41.002(b), 41.002(e),
41.002(f), 41.002(g), 42.103(e), and 42.2514 of the Education Code
are repealed."
(24) On page 164, strike lines 6 through 14.
(25) Strike the last two sentences of SECTION 4.03.