80R7916 KKA-D

By: Shapiro S.B. No. 1643

A BILL TO BE ENTITLED

AN ACT

relating to educator preparation programs and to training, continuing education, appraisal, and employment of public school teachers and administrators.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.045, Education Code, is amended by amending Subsections (a), (b), and (d) and adding Subsection (e) to read as follows:

(a) The commissioner [board] shall adopt [propose] rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes:

(1) results of the certification examinations prescribed under Section 21.048(a); [and]

(2) performance based on the appraisal system for beginning teachers adopted by the board;

(3) performance of students taught by beginning teachers for the first three years following certification, as determined on the basis of the measure of annual improvement under Section 39.034 and any other factor considered appropriate by the commissioner; and

(4) perseverance of beginning teachers in the profession, as determined on the basis of the number of beginning teachers who maintain active status in the Teacher Retirement System of Texas for at least five years after certification.

(b) Each educator preparation program shall submit data elements as required by the commissioner [board] for an annual performance report to ensure access and equity. At a minimum, the annual report must contain the performance data from Subsection (a), other than the data required for purposes of Subsection (a)(3), and the following information, disaggregated by sex and ethnicity:

(1) the number of candidates who apply;

(2) the number of candidates admitted;

(3) the number of candidates retained;

(4) the number of candidates completing the program;

(5) the number of candidates employed in the profession after completing the program; and

(6) the number of candidates retained in the profession.

(d) The commissioner [executive director of the board] shall appoint an oversight team of educators to make recommendations and provide assistance to educator preparation programs that do not meet accreditation standards. If, after one year, an educator preparation program has not fulfilled the recommendations of the oversight team, the commissioner [executive director] shall appoint a person to administer and manage the operations of the program. Promptly on appointment, the person shall, on behalf of the managed program, pursue tentative agreements with other educator preparation programs for the acceptance into those programs of the managed program's students if the approval of the managed program is subsequently revoked. If the program does not improve after two years, the commissioner [board] shall revoke the approval of the program to prepare educators for state certification.

(e) A revocation under Subsection (d) must be effective for a period of at least one year. After one year, the program may seek renewed approval to prepare educators for state certification.

SECTION 2. Section 21.054, Education Code, is amended by adding Subsection (d) to read as follows:

(d) Continuing education for a teacher must be evidence-based and linked to:

(1) any areas identified in a teacher's appraisal as needing improvement;

(2) any areas identified by a teacher for achievement of specific professional goals for improvement; and

(3) the subject area taught by the teacher, as appropriate to generate improvement in pedagogy or subject area expertise.

SECTION 3. Section 21.351, Education Code, is amended by amending Subsection (a) and adding Subsections (a-2) and (e) to read as follows:

(a) The commissioner shall adopt a recommended appraisal process and criteria on which to appraise the performance of teachers. The criteria must be based on observable, job-related behavior and address at least the following considerations [, including]:

(1) teachers' implementation of discipline management procedures; [and]

(2) the performance of teachers' students; and

(3) teachers' qualifications, including advanced degrees, professional experience in relevant subject areas, and continuing education or professional development relating to pedagogy and relevant subject area expertise.

(a-2) The recommended appraisal process must provide that consideration of criteria relating to student performance under Subsection (a)(2) constitutes a majority of a teacher's appraisal. Additionally, the recommended appraisal process must provide that the portion of a teacher's appraisal that concerns student performance is conducted in accordance with the following guidelines:

(1) at least 25 percent of that portion of the appraisal must be based on objective, quantifiable measures of the achievement and progress of the teacher's students, such as state assessment instruments, local benchmarking systems, portfolio assessments, and value-added assessments;

(2) at least 10 percent of that portion of the appraisal must be based on the overall performance or progress of students enrolled at the teacher's campus;

(3) measures of student progress must be used whenever possible; and

(4) observable measures of student performance may be used when appropriate.

(e) Under the recommended appraisal process, a teacher employed under a probationary contract must be appraised more frequently than a teacher employed under a term contract or continuing contract.

SECTION 4. Subchapter H, Chapter 21, Education Code, is amended by adding Section 21.3531 to read as follows:

Sec. 21.3531. TEACHER PERFORMANCE IMPROVEMENT PLAN; CONSEQUENCES OF UNSATISFACTORY APPRAISAL. (a) If a teacher receives an unsatisfactory appraisal, the teacher's supervisor, in consultation with the appraiser and the teacher, shall develop a performance improvement plan for the teacher that includes at least the following information:

(1) the areas in which the teacher is in need of assistance and improvement;

(2) requirements or recommendations for the teacher regarding evidence-based professional improvement activities that have been proven to result in improvement in the areas identified under Subdivision (1), and the evidence that will be used to determine whether the teacher successfully completes the required or recommended activities;

(3) requirements for changes in the teacher's behavior, and the evidence that will be used to determine whether the teacher's behavior changes in the manner required; and

(4) a specific timeline for completion of the performance improvement plan.

(b) If a teacher employed under a term contract receives an unsatisfactory appraisal for two consecutive years, a school district may decline to renew the teacher's contract in the manner provided by this chapter or, if the teacher has achieved some level of improvement, develop an additional performance improvement plan for the teacher under this section.

(c) If a teacher employed under a continuing contract receives an unsatisfactory appraisal for two consecutive years, the teacher may be employed by the district during the subsequent school year only under a term contract, notwithstanding Section 21.154. The teacher is entitled to a hearing and a right to appeal in the same manner as a teacher who is discharged or suspended without pay under Section 21.156.

(d) If a teacher receives an unsatisfactory appraisal for three consecutive years, a school district shall decline to renew the teacher's contract in the manner provided by this chapter.

SECTION 5. Section 21.354, Education Code, is amended by amending Subsection (e) and adding Subsection (f) to read as follows:

(e) The appraisal of a principal or assistant principal shall include consideration of:

(1) the performance of a principal's or assistant principal's campus on the indicators established under Section 39.051 and the campus's objectives established under Section 11.253, including performance gains of the campus and the maintenance of those gains;

(2) the performance of students at the principal's or assistant principal's campus, based on objective, quantifiable measures of the student achievement and progress, such as state assessment instruments, local benchmarking systems, portfolio assessments, and value-added assessments, and using measures of student progress whenever possible;

(3) the discipline management procedures used by the principal or assistant principal;

(4) efforts by the principal or assistant principal to involve parents in the educational process; and

(5) the instructional leadership and support provided to staff on the principal's or assistant principal's campus.

(f) The majority of an appraisal of a principal or assistant principal must be based on consideration of student performance under Subsection (e)(2), and at least 25 percent of the portion of the appraisal based on student performance must be based on objective, quantifiable measures, as described by Subsection (e)(2).

SECTION 6. The commissioner of education shall:

(1) adopt revised recommended appraisal processes in compliance with Sections 21.351 and 21.354, Education Code, as amended by this Act, not later than September 1, 2008;

(2) develop training for school districts regarding use of the revised recommended appraisal processes not later than September 1, 2009;

(3) provide the training developed under Subdivision (2) of this section to appropriate school district personnel not later than September 1, 2010; and

(4) complete implementation of the revised recommended appraisal processes not later than September 1, 2010.

SECTION 7. 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 September 1, 2007.