82R4425 GCB-D

By: Eissler H.B. No. 1587

A BILL TO BE ENTITLED

AN ACT

relating to the evaluation of public school teachers.

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

SECTION 1. Section 7.055(b)(18), Education Code, is amended to read as follows:

(18) The commissioner shall adopt a recommended performance evaluation system for teachers to evaluate teacher effectiveness [appraisal process and criteria on which to appraise the performance of teachers], a recommended appraisal process and criteria on which to appraise the performance of administrators, and a job description and evaluation form for use in evaluating counselors, as provided by Subchapter H, Chapter 21.

SECTION 2. Section 11.201(d), Education Code, is amended to read as follows:

(d) The duties of the superintendent include:

(1) assuming administrative responsibility and leadership for the planning, organization, operation, supervision, and evaluation of the education programs, services, and facilities of the district and for the annual performance evaluation or appraisal of the district's other staff;

(2) except as provided by Section 11.202, assuming administrative authority and responsibility for the assignment, supervision, and evaluation of all personnel of the district other than the superintendent;

(3) overseeing compliance with the standards for school facilities established by the commissioner under Section 46.008;

(4) initiating the termination or suspension of an employee or the nonrenewal of an employee's term contract;

(5) managing the day-to-day operations of the district as its administrative manager, including implementing and monitoring plans, procedures, programs, and systems to achieve clearly defined and desired results in major areas of district operations;

(6) preparing and submitting to the board of trustees a proposed budget as provided by Section 44.002 and rules adopted under that section, and administering the budget;

(7) preparing recommendations for policies to be adopted by the board of trustees and overseeing the implementation of adopted policies;

(8) developing or causing to be developed appropriate administrative regulations to implement policies established by the board of trustees;

(9) providing leadership for the attainment and, if necessary, improvement of student performance in the district based on the indicators adopted under Sections 39.053 and 39.301 and other indicators adopted by the commissioner or the district's board of trustees;

(10) organizing the district's central administration;

(11) consulting with the district-level committee as required under Section 11.252(f);

(12) ensuring:

(A) adoption of a student code of conduct as required under Section 37.001 and enforcement of that code of conduct; and

(B) adoption and enforcement of other student disciplinary rules and procedures as necessary;

(13) submitting reports as required by state or federal law, rule, or regulation;

(14) providing joint leadership with the board of trustees to ensure that the responsibilities of the board and superintendent team are carried out; and

(15) performing any other duties assigned by action of the board of trustees.

SECTION 3. Section 21.041(b), Education Code, is amended to read as follows:

(b) The board shall propose rules that:

(1) provide for the regulation of educators and the general administration of this subchapter in a manner consistent with this subchapter;

(2) specify the classes of educator certificates to be issued, including emergency certificates;

(3) specify the period for which each class of educator certificate is valid;

(4) specify the requirements for the issuance and renewal of an educator certificate;

(5) provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to Section 21.052;

(6) provide for special or restricted certification of educators, including certification of instructors of American Sign Language;

(7) provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code;

(8) provide for the adoption, amendment, and enforcement of an educator's code of ethics;

(9) provide for continuing education requirements; and

(10) provide for certification of persons performing evaluations or appraisals under Subchapter H, including annual renewal of certification of persons performing evaluations of teachers under Section 21.351.

SECTION 4. Section 21.045(a), Education Code, is amended to read as follows:

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

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

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

(3) achievement, including improvement in achievement, of students taught by beginning teachers for the first three years following certification, to the extent practicable; and

(4) compliance with board requirements regarding the frequency, duration, and quality of structural guidance and ongoing support provided by field supervisors to beginning teachers during their first year in the classroom.

SECTION 5. Section 21.256(g), Education Code, is amended to read as follows:

(g) A performance [An] evaluation [or appraisal] of the teacher is presumed to be admissible at the hearing.

SECTION 6. The heading to Subchapter H, Chapter 21, Education Code, is amended to read as follows:

SUBCHAPTER H. EVALUATIONS, APPRAISALS, AND INCENTIVES

SECTION 7. Section 21.351, Education Code, is amended to read as follows:

Sec. 21.351. RECOMMENDED PERFORMANCE EVALUATION SYSTEM FOR TEACHERS [APPRAISAL PROCESS AND PERFORMANCE CRITERIA]. (a) The commissioner shall adopt a recommended performance evaluation system for teachers to evaluate teacher effectiveness. The system adopted must provide for basing a significant portion of the evaluation on the teacher's student learning objectives and outcomes, which must include student performance on assessment instruments administered under Section 39.023 and other student learning objectives and outcomes [appraisal process and criteria on which to appraise the performance of teachers. 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].

(b) The commissioner shall solicit and consider the advice of teachers in developing the recommended performance evaluation system for teachers [appraisal process and performance criteria].

(c) Under the recommended performance evaluation system for teachers [appraisal process], an evaluator [appraiser] must be certified as provided by Section 21.041(b)(10), be the teacher's supervisor or a person approved by the board of trustees, and be monitored as necessary to ensure fairness, thoroughness, and accuracy of the system. An evaluator [appraiser] who is a classroom teacher may not evaluate [appraise] the performance of another classroom teacher who teaches at the same school campus at which the evaluator [appraiser] teaches, unless it is impractical because of the number of campuses or unless the evaluator [appraiser] is the chair of a department or grade level whose job description includes classroom observation responsibilities.

(d) The recommended performance evaluation system for teachers must provide that:

(1) a teacher be evaluated at least once each school year;

(2) each evaluation be based on not fewer than three classroom observations of the teacher;

(3) consistent and clear expectations regarding teacher performance be communicated to the teacher at least once each year before the first observation under Subdivision (2);

(4) at least one classroom observation of a teacher be unannounced;

(5) a self-evaluation completed by the teacher after the final observation under Subdivision (2) be considered by the evaluator before the teacher's evaluation is complete; and

(6) a teacher's overall performance, based on the evaluation, be assigned one of five ratings, as applicable, though a greater number of separate ratings may be used to detail performance under each [Under the recommended appraisal process, appraisal for teachers must be detailed by] category of professional skill and characteristic evaluated as part of the evaluation of the teacher's overall performance [and must provide for separate ratings for each category].

(e) The recommended performance evaluation system for teachers must [appraisal process shall] guarantee that a conference between the teacher and the evaluator will occur not later than the third working day after the date of each observation and a final conference will occur not later than the third working day after the date the teacher's evaluation under this section is completed [appraiser]. The conference must [shall] be diagnostic and prescriptive with regard to remediation needed in overall performance and by category.

SECTION 8. Section 21.352, Education Code, is amended to read as follows:

Sec. 21.352. LOCAL ROLE. (a) In evaluating [appraising] teachers, each school district shall use:

(1) the performance evaluation system for teachers [appraisal process and performance criteria] developed by the commissioner under Section 21.351; or

(2) a performance evaluation system for teachers [an appraisal process and performance criteria]:

(A) developed by the district- and campus-level committees established under Section 11.251;

(B) containing the items described by Sections 21.351(a) and (d) [21.351(a)(1) and (2)]; and

(C) adopted by the board of trustees.

(b) The board of trustees may reject a performance evaluation system for teachers [an appraisal process and performance criteria] developed by the district- and campus-level committees but may not modify the process or criteria.

(c) A performance evaluation of a teacher [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 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 evaluation [appraisal] by a different evaluator [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.

(d) Except as provided by Section 21.351(d)(4), a [A] teacher may be given advance notice of the date or time of an evaluation [appraisal], but advance notice is not required.

SECTION 9. Section 21.353, Education Code, is amended to read as follows:

Sec. 21.353. PERFORMANCE EVALUATION [APPRAISAL] ON BASIS OF CLASSROOM TEACHING PERFORMANCE. A teacher who directs extracurricular activities in addition to performing classroom teaching duties shall be evaluated [appraised] only on the basis of classroom teaching performance and not on performance in connection with the extracurricular activities.

SECTION 10. Section 28.006(e), Education Code, is amended to read as follows:

(e) The results of reading instruments administered under this section may not be used for purposes of evaluations, appraisals, and incentives under Chapter 21 or accountability under Chapter 39.

SECTION 11. Section 28.007(b), Education Code, is amended to read as follows:

(b) The results of assessment instruments developed under Subsection (a) may not be used for purposes of evaluations, appraisals, and incentives under Chapter 21 or accountability under Chapter 39.

SECTION 12. (a) Not later than September 1, 2013, the commissioner of education shall develop the performance evaluation system for teachers required under Section 21.351, Education Code, as amended by this Act.

(b) Notwithstanding Sections 21.351 and 21.352, Education Code, as amended by this Act, until the recommended performance evaluation system for public school teachers is implemented, public school teachers shall be appraised as provided by Sections 21.351 and 21.352, Education Code, as those sections existed before amendment by this Act.

SECTION 13. 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, 2011.