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By: Keffer of Dallas H.B. No. 3393
A BILL TO BE ENTITLED
AN ACT
relating to contracts and evaluations of and continuing education
for public school educators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.054, Education Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) Continuing education for principals must be based on an
individual assessment of the knowledge, skills, and proficiencies
necessary to perform successfully as a principal, as identified in
Section 21.046. As part of a principal's compliance with
continuing education requirements under this section, a principal
must attend advanced management training courses or programs as
prescribed by board rule. An individualized professional growth
plan shall be developed as a result of the assessment and shall be
used exclusively for professional growth purposes. The assessment
results and the growth plan may only be released with the approval
of the principal assessed. Each certified principal shall
participate in the assessment process and professional growth
activities at least once every five years.
(c) The board, in consultation with business schools,
departments, or programs at institutions of higher education, shall
propose rules to govern the approval and accountability of advanced
management training courses or programs required under this
section. In proposing a rule under this section, the board shall
require that a person conducting a course or program have
recognized expertise in business management.
(d) The board shall propose rules that require a
superintendent and principal to complete 12 cumulative hours each
year of continuing education in the areas of:
(1) job performance evaluation of teachers;
(2) removal of teachers;
(3) due process;
(4) recordkeeping compliance;
(5) notification procedures; and
(6) techniques and strategies for documenting
performance.
SECTION 2. Section 21.206(a), Education Code, is amended to
read as follows:
(a) Not later than the 45th day before the last day of
instruction in a school year, the board of trustees shall notify in
writing each teacher whose contract is about to expire whether the
board proposes to renew or not renew the contract. The notice must
state the reason for the proposed nonrenewal and identify the
requirement of the teacher's contract or the district employment
policy that formed the basis for the board's proposed decision for
nonrenewal.
SECTION 3. Section 21.207, Education Code, is amended by
amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) At the hearing, the teacher may:
(1) be represented by a representative of the
teacher's choice; and
(2) [hear the evidence supporting the reason for
nonrenewal;
[(3) cross-examine adverse witnesses; and
[(4)] present evidence.
(d) To prevail in a hearing under this section, the teacher
must demonstrate that the board's decision was:
(1) arbitrary and capricious;
(2) an act of bad faith; or
(3) a violation of a right protected under Title VII,
Civil Rights Act of 1964 (42 U.S.C. Section 2000e et seq.).
SECTION 4. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.3511 to read as follows:
Sec. 21.3511. TEACHER APPRAISAL REQUIRED. (a) A
superintendent, principal, or other teacher supervisor shall
appraise each teacher's performance as provided by Section 21.352.
(b) In appraising a teacher's performance, the appraiser
shall primarily consider the effectiveness of the teacher in
improving the academic performance of the teacher's students.
(c) The administrators of a school district and the campuses
in the school district are responsible for the academic performance
of the students and must ensure that effective teachers are
provided. An administrator shall remove a teacher under procedures
provided by this chapter if the teacher is ineffective in improving
student academic performance.
SECTION 5. Section 21.352(c), Education Code, is amended to
read as follows:
(c) Except as otherwise provided by this subsection,
appraisal must be done at least once during each school year. A
teacher may be appraised less frequently if the teacher agrees in
writing and the teacher's most recent evaluation rated the teacher
as at least proficient, or the equivalent, and did not identify any
area of deficiency. A teacher who is appraised less frequently than
annually must be appraised at least once during each period of two
[five] school years. The district shall maintain a written copy of
the evaluation of each teacher's performance in the teacher's
personnel file. Each teacher is entitled to receive a written copy
of the evaluation on its completion. After receiving a written copy
of the evaluation, a teacher is entitled to a second appraisal by a
different appraiser or to submit a written rebuttal to the
evaluation to be attached to the evaluation in the teacher's
personnel file. The evaluation and any rebuttal may be given to
another school district at which the teacher has applied for
employment at the request of that district.
SECTION 6. This Act applies beginning with the 2005-2006
school year.
SECTION 7. This Act takes effect September 1, 2005.