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  82S10143 PAM-F
 
  By: Huberty H.B. No. 60
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state control of teacher appraisal criteria, curriculum
  standards, and assessment instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.351(a), Education Code, is amended to
  read as follows:
         (a)  The commissioner shall adopt a recommended appraisal
  process and criteria on which to appraise the performance of
  teachers. The commissioner may not adopt or develop a recommended
  appraisal process and criteria based on any federally enacted or
  nationally applicable appraisal criteria incorporating the results
  of student performance on assessment instruments. The criteria
  must be based on observable, job-related behavior, including:
               (1)  teachers' implementation of discipline management
  procedures; and
               (2)  the performance of teachers' students.
         SECTION 2.  Section 28.002, Education Code, is amended by
  adding Subsections (b-1), (b-2), (b-3), and (b-4) to read as
  follows:
         (b-1)  In this section, "national curriculum standards"
  includes any curriculum standards endorsed, approved, sanctioned,
  or promoted by the United States Department of Education, the
  National Governors Association, or the Council of Chief State
  School Officers.
         (b-2)  The State Board of Education may not adopt national
  curriculum standards to comply with a duty imposed under this
  chapter.
         (b-3)  A school district may not use national curriculum
  standards to comply with the requirement to provide instruction in
  the essential knowledge and skills at appropriate grade levels
  under Subsection (c).
         (b-4)  Notwithstanding any other provision of this code, a
  school district or open-enrollment charter school may not be
  required to offer any aspect of a national curriculum.
         SECTION 3.  Section 39.023, Education Code, is amended by
  adding Subsection (a-3) to read as follows:
         (a-3)  The agency may not adopt or develop a
  criterion-referenced assessment instrument under this section
  based on national curriculum standards as defined by Section
  28.002(b-1).
         SECTION 4.  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 on the 91st day after the last day of the
  legislative session.