Amend CSHB 6 (senate committee printing) as follows:
(1) In SECTION 12 of the bill, strike the recital for Section 28.002, Education Code (page 3, lines 20-21), and substitute the following:
SECTION 12. Section 28.002, Education Code, is amended by amending Subsections (a), (c), (h), and (n) and adding Subsections (b-1), (b-2), (b-3), and (b-4) to read as follows:
(2) In SECTION 12 of the bill, following amended Section 28.002(a), Education Code (page 3, between lines 44 and 45), insert the following:
(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.
(3) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. 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 commissioner may include appraisal criteria based in part on a measurement of the teacher's effectiveness, including the annual improvement of the teacher's students' achievement and the performance of the teacher's students on assessment instruments required under Subchapter B, Chapter 39. The criteria must be based on observable, job-related behavior, including:
(1) teachers' implementation of discipline management procedures; and
(2) the performance of a teacher's [teachers'] students.
SECTION ____. Section 39.023, Education Code, is amended by adding Subsection (a-2) to read as follows:
(a-2) 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).