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A BILL TO BE ENTITLED
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AN ACT
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relating to educator preparation programs and to training, |
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continuing education, appraisal, and employment of public school |
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teachers and administrators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.041, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The board shall propose a rule adopting a fee for the |
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issuance and maintenance of an educator certificate that, when |
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combined with any fees imposed under Subsection (d), is adequate to |
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cover the cost of administration of this subchapter. |
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(d) The board may propose a rule adopting a fee for the |
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approval or renewal of approval of an educator preparation program, |
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or for the addition of a certificate or field of certification to |
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the scope of a program's approval. A fee imposed under this |
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subsection may not exceed the amount necessary, as determined by |
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the board, to provide for the administrative cost of approving, |
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renewing the approval of, and appropriately ensuring the |
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accountability of educator preparation programs under this |
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subchapter. |
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SECTION 2. Section 21.043, Education Code, is amended to |
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read as follows: |
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Sec. 21.043. ACCESS TO INFORMATION [PEIMS DATA]. (a) The |
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agency shall provide the board with access to data obtained under |
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the Public Education Information Management System (PEIMS). |
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(b) Notwithstanding Section 21.355, a document evaluating |
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the performance of a teacher or administrator shall be provided to |
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the agency or board for purposes of this subchapter on request by |
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the agency or board. The agency or board, as appropriate, shall |
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take appropriate measures to maintain confidentiality of the |
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document. |
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SECTION 3. Subchapter B, Chapter 21, Education Code, is |
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amended by amending Section 21.045 and adding Sections 21.0451 and |
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21.0452 to read as follows: |
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Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR |
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PREPARATION PROGRAMS. (a) The board shall propose rules |
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establishing standards to govern the approval and continuing |
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accountability of all educator preparation programs based on |
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information that is disaggregated with respect to sex and ethnicity |
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and that includes: |
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(1) results of the certification examinations |
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prescribed under Section 21.048(a); [and] |
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(2) performance based on the appraisal system for |
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beginning teachers adopted by the board; |
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(3) achievement, including improvement in |
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achievement, of students taught by beginning teachers for the first |
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three years following certification, as determined on the basis of |
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the measure of annual improvement under Section 39.034 and any |
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other factor considered appropriate by the board; and |
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(4) perseverance of beginning teachers in the |
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profession, as determined on the basis of the number of beginning |
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teachers who maintain status as active contributing members in the |
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Teacher Retirement System of Texas for at least three years after |
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certification in comparison to similar programs. |
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(b) Each educator preparation program shall submit data |
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elements as required by the board for an annual performance report |
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to ensure access and equity. At a minimum, the annual report must |
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contain the performance data from Subsection (a), other than the |
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data required for purposes of Subsection (a)(3), and the following |
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information, disaggregated by sex and ethnicity: |
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(1) the number of candidates who apply; |
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(2) the number of candidates admitted; |
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(3) the number of candidates retained; |
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(4) the number of candidates completing the program; |
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(5) the number of candidates employed in the |
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profession after completing the program; and |
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(6) the number of candidates retained in the |
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profession. |
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(c) The board shall propose rules establishing performance |
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standards for the Accountability System for Educator Preparation |
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for accrediting educator preparation programs. At a minimum, |
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performance standards must be based on Subsection (a). The board |
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may propose rules establishing minimum standards for approval or |
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renewal of approval of: |
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(1) educator preparation programs; |
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(2) certification fields authorized to be offered by |
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an educator preparation program; or |
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(3) physical locations at which an educator |
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preparation program operates. |
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(d) The board shall propose rules establishing standards |
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for the designation of high-performance educator preparation |
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programs as exemplary. |
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Sec. 21.0451. SANCTIONS UNDER ACCOUNTABILITY SYSTEM FOR |
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EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules |
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for the sanction of educator preparation programs that do not meet |
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accountability standards and shall annually review the |
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accreditation status of each educator preparation program. The |
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rules: |
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(1) may provide for the agency to take any necessary |
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action, including one or more of the following actions: |
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(A) requiring the program to obtain technical |
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assistance approved by the agency or board; |
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(B) requiring the program to obtain professional |
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services under contract with another person; |
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(C) appointing a monitor to participate in and |
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report to the board on the activities of the program; |
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(D) appointing a conservator to direct the |
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operations of the program; |
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(E) if a program is rated as unacceptable under |
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the Accountability System for Educator Preparation, appointing a |
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board of managers to exercise the powers and duties of the governing |
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body of the program with respect to the program; and |
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(F) if a program has been rated as unacceptable |
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under the Accountability System for Educator Preparation for two |
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consecutive rating periods, revoking the approval of the program |
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and ordering the program to be closed, provided that the board or |
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agency must provide the opportunity for a hearing before the |
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effective date of the closure; and |
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(2) shall provide for the agency to revoke the |
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approval of the program and order the program to be closed if the |
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program has been rated as unacceptable under the Accountability |
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System for Educator Preparation for three consecutive rating |
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periods, provided that the board or agency must provide the |
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opportunity for a hearing before the effective date of the closure. |
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(b) Any action authorized or required to be taken against an |
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educator preparation program under Subsection (a) may also be taken |
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with regard to a particular field of certification authorized to be |
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offered by an educator preparation program. |
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(c) A conservator or board of managers appointed under |
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Subsection (a) may: |
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(1) direct any action to be taken by the educator |
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preparation program; |
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(2) disapprove any action taken by the educator |
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preparation program; or |
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(3) take any action on behalf of the educator |
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preparation program. |
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(d) A permissive revocation under Subsection (a)(1) or |
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required revocation under Subsection (a)(2) must be effective for a |
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period of at least two years. After two years, the program may seek |
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renewed approval to prepare educators for state certification. |
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(e) The costs of technical assistance required under |
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Subsection (a)(1)(A) or the costs associated with the appointment |
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of a monitor, conservator, or board of managers under Subsections |
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(a)(1)(C), (D), or (E) shall be paid by the sponsor of the educator |
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preparation program. |
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Sec. 21.0452. REVIEW OF EDUCATOR PREPARATION PROGRAMS. |
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(a) The board and the Texas Higher Education Coordinating Board |
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biennially shall conduct a review and assessment of the performance |
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of educator preparation programs and issue reports of the resulting |
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evaluations of the programs. The review and assessment may be |
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conducted in conjunction with an independent entity with experience |
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and expertise in research regarding effective instructional |
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techniques and the preparation of educators. |
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(b) The commissioner shall adopt rules necessary to |
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implement this section [(d)
The executive director of the board
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shall appoint an oversight team of educators to make
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recommendations and provide assistance to educator preparation
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programs that do not meet accreditation standards. If, after one
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year, an educator preparation program has not fulfilled the
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recommendations of the oversight team, the executive director shall
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appoint a person to administer and manage the operations of the
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program. If the program does not improve after two years, the board
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shall revoke the approval of the program to prepare educators for
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state certification]. |
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SECTION 4. Section 21.054, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Continuing education for a teacher must include |
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activities for professional development that provide knowledge and |
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skills shown to improve instructional effectiveness and that are |
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linked to: |
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(1) areas identified in a teacher's appraisal as |
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needing improvement, especially those areas relating to student |
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achievement; |
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(2) areas identified by a teacher for achievement of |
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specific professional goals for improvement; and |
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(3) the subject area taught by the teacher, as |
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appropriate to generate improvement in pedagogy or subject area |
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expertise. |
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SECTION 5. Section 21.351, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (e) to |
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read as follows: |
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(a) The commissioner shall adopt a recommended appraisal |
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process and criteria on which to appraise the performance of |
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teachers. The criteria must be based on observable, job-related |
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behavior and address at least the following considerations[,
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including]: |
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(1) teachers' implementation of discipline management |
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procedures; [and] |
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(2) the achievement, including improvement in |
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achievement, [performance] of teachers' students; and |
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(3) relevant subject area expertise, as demonstrated |
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by teachers' qualifications, including advanced degrees or |
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professional experience in relevant subject areas and continuing |
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education or professional development. |
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(a-1) The recommended appraisal process must provide that: |
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(1) a majority of a teacher's appraisal consists of the |
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consideration of the achievement of the teacher's students under |
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Subsection (a)(2), using: |
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(A) criteria based on objective and quantifiable |
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measures of the achievement of the teacher's students, including |
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the measure of annual improvement in student achievement under |
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Section 39.034, standardized assessment instruments under Section |
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39.023, and locally adopted measures, including benchmarking |
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systems, portfolio assessments, and nationally norm-referenced |
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assessments; and |
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(B) criteria based on overall achievement, |
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including improvement in achievement of students at the campus to |
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which the teacher is assigned, peer evaluations, and other |
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observable measures of student achievement, when appropriate; and |
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(2) at least 25 percent of a teacher's appraisal be |
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based on objective and quantifiable measures of the achievement of |
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the teacher's students, provided that: |
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(A) this subdivision does not apply to the |
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appraisal of a teacher who provides instruction in a subject area |
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for which objective and quantifiable measures of student |
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achievement do not exist; and |
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(B) each measure used for purposes of this |
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subdivision must relate to the student's achievement in the subject |
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area taught by the teacher. |
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(e) Under the recommended appraisal process, a teacher |
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employed under a probationary contract must be appraised more |
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frequently than a teacher employed under a term contract or |
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continuing contract. |
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SECTION 6. Effective September 1, 2010, Subsection (a), |
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Section 21.352, Education Code, is amended to read as follows: |
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(a) In appraising teachers, each school district shall use: |
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(1) the appraisal process and performance criteria |
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developed by the commissioner; or |
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(2) an appraisal process and performance criteria: |
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(A) developed by the district- and campus-level |
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committees established under Section 11.251; |
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(B) containing at least the items described by |
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Sections 21.351(a)(1), [and] (2), and (3); [and] |
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(C) adopted by the board of trustees; and |
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(D) approved by the commissioner as meeting |
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applicable standards established by the commissioner. |
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SECTION 7. Subchapter H, Chapter 21, Education Code, is |
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amended by adding Section 21.3531 to read as follows: |
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Sec. 21.3531. TEACHER PERFORMANCE IMPROVEMENT PLAN; |
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CONSEQUENCES OF UNSATISFACTORY OR DEFICIENT APPRAISAL. (a) If a |
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teacher receives an overall unsatisfactory appraisal or an |
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appraisal that identifies important instructional deficiencies |
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related to student achievement and continues employment with the |
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district, the teacher's supervisor, in consultation with the |
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appraiser and the teacher, shall develop a performance improvement |
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plan for the teacher that includes at least the following |
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information: |
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(1) all areas in which the teacher is in need of |
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assistance and improvement; |
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(2) requirements for the teacher regarding |
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professional improvement activities that provide knowledge and |
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skills shown to improve instructional effectiveness, and the |
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evidence that will be used to determine whether the teacher |
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successfully completes the required activities; |
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(3) requirements for changes in the teacher's |
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instructional effectiveness, and the evidence that will be used to |
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determine whether the teacher's performance changes in the manner |
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required; and |
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(4) a specific timeline for completion of the |
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performance improvement plan. |
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(b) If a teacher receives an overall unsatisfactory |
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appraisal for three consecutive years, a school district shall |
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discharge the teacher or decline to renew the teacher's contract, |
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as applicable, in the manner provided by this chapter. |
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SECTION 8. Section 21.354, Education Code, is amended by |
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amending Subsection (e) and adding Subsection (f) to read as |
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follows: |
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(e) The appraisal of a principal or assistant principal |
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shall include consideration of: |
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(1) the performance of a principal's or assistant |
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principal's campus on the indicators established under Section |
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39.051 and the campus's objectives established under Section |
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11.253, including performance gains of the campus and the |
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maintenance of those gains; |
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(2) the achievement, including improvement in |
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achievement, of students at the principal's or assistant |
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principal's campus; |
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(3) the effectiveness of the principal or assistant |
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principal in improving or maintaining a safe and orderly work and |
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learning environment; |
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(4) the effectiveness of the principal or assistant |
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principal in improving involvement of parents and teachers in the |
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educational process, in comparison to similar schools; and |
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(5) the instructional leadership and support provided |
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to staff on the principal's or assistant principal's campus. |
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(f) The recommended appraisal process must provide that: |
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(1) a majority of an appraisal of a principal or |
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assistant principal consists of the consideration of student |
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achievement under Subsection (e)(2), using: |
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(A) criteria based on objective and quantifiable |
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measures of student achievement, including the measure of annual |
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improvement in student achievement under Section 39.034, |
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standardized assessment instruments under Section 39.023, and |
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locally adopted measures, including benchmarking systems, |
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portfolio assessments, and nationally norm-referenced assessments; |
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and |
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(B) criteria based on staff and parent |
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evaluations and other observable measures of student achievement, |
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when appropriate; and |
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(2) at least 25 percent of an appraisal of a principal |
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or assistant principal be based on objective and quantifiable |
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measures of the achievement of students at the principal's or |
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assistant principal's campus. |
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SECTION 9. (a) The commissioner of education shall: |
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(1) adopt revised recommended appraisal processes in |
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compliance with Sections 21.351 and 21.354, Education Code, as |
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amended by this Act, not later than September 1, 2008; |
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(2) develop training for school districts regarding |
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use of the revised recommended appraisal processes not later than |
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September 1, 2009; |
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(3) provide the training developed under Subdivision |
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(2) of this subsection to appropriate school district personnel not |
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later than September 1, 2010; and |
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(4) complete implementation of the revised |
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recommended appraisal processes not later than September 1, 2010. |
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(b) In revising the recommended appraisal processes in |
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compliance with Sections 21.351 and 21.354, Education Code, as |
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amended by this Act, the commissioner of education shall seek the |
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participation and assistance of appropriate stakeholders in the |
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appraisal process, including: |
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(1) teachers, principals, and assistant principals; |
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(2) central administrators, such as superintendents |
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and representatives of school district human resources |
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departments; |
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(3) representatives of institutions of higher |
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education that are responsible for preparing educators for |
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certification; and |
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(4) any other persons considered appropriate by the |
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commissioner. |
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SECTION 10. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2007, except as otherwise provided by this Act. |
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