By:  Keffer of Dallas                                             H.B. No. 3393

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.