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A BILL TO BE ENTITLED
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AN ACT
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relating to the evaluation of public school teachers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.055(b)(18), Education Code, is amended |
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to read as follows: |
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(18) The commissioner shall adopt a recommended |
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performance evaluation system for teachers to evaluate teacher |
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effectiveness [appraisal process and criteria on which to appraise
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the performance of teachers], a recommended appraisal process and |
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criteria on which to appraise the performance of administrators, |
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and a job description and evaluation form for use in evaluating |
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counselors, as provided by Subchapter H, Chapter 21. |
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SECTION 2. Section 11.201(d), Education Code, is amended to |
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read as follows: |
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(d) The duties of the superintendent include: |
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(1) assuming administrative responsibility and |
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leadership for the planning, organization, operation, supervision, |
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and evaluation of the education programs, services, and facilities |
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of the district and for the annual performance evaluation or |
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appraisal of the district's other staff; |
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(2) except as provided by Section 11.202, assuming |
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administrative authority and responsibility for the assignment, |
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supervision, and evaluation of all personnel of the district other |
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than the superintendent; |
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(3) overseeing compliance with the standards for |
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school facilities established by the commissioner under Section |
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46.008; |
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(4) initiating the termination or suspension of an |
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employee or the nonrenewal of an employee's term contract; |
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(5) managing the day-to-day operations of the district |
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as its administrative manager, including implementing and |
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monitoring plans, procedures, programs, and systems to achieve |
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clearly defined and desired results in major areas of district |
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operations; |
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(6) preparing and submitting to the board of trustees |
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a proposed budget as provided by Section 44.002 and rules adopted |
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under that section, and administering the budget; |
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(7) preparing recommendations for policies to be |
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adopted by the board of trustees and overseeing the implementation |
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of adopted policies; |
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(8) developing or causing to be developed appropriate |
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administrative regulations to implement policies established by |
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the board of trustees; |
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(9) providing leadership for the attainment and, if |
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necessary, improvement of student performance in the district based |
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on the indicators adopted under Sections 39.053 and 39.301 and |
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other indicators adopted by the commissioner or the district's |
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board of trustees; |
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(10) organizing the district's central |
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administration; |
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(11) consulting with the district-level committee as |
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required under Section 11.252(f); |
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(12) ensuring: |
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(A) adoption of a student code of conduct as |
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required under Section 37.001 and enforcement of that code of |
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conduct; and |
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(B) adoption and enforcement of other student |
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disciplinary rules and procedures as necessary; |
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(13) submitting reports as required by state or |
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federal law, rule, or regulation; |
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(14) providing joint leadership with the board of |
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trustees to ensure that the responsibilities of the board and |
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superintendent team are carried out; and |
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(15) performing any other duties assigned by action of |
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the board of trustees. |
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SECTION 3. Section 21.041(b), Education Code, is amended to |
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read as follows: |
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(b) The board shall propose rules that: |
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(1) provide for the regulation of educators and the |
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general administration of this subchapter in a manner consistent |
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with this subchapter; |
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(2) specify the classes of educator certificates to be |
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issued, including emergency certificates; |
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(3) specify the period for which each class of |
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educator certificate is valid; |
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(4) specify the requirements for the issuance and |
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renewal of an educator certificate; |
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(5) provide for the issuance of an educator |
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certificate to a person who holds a similar certificate issued by |
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another state or foreign country, subject to Section 21.052; |
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(6) provide for special or restricted certification of |
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educators, including certification of instructors of American Sign |
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Language; |
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(7) provide for disciplinary proceedings, including |
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the suspension or revocation of an educator certificate, as |
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provided by Chapter 2001, Government Code; |
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(8) provide for the adoption, amendment, and |
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enforcement of an educator's code of ethics; |
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(9) provide for continuing education requirements; |
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and |
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(10) provide for certification of persons performing |
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evaluations or appraisals under Subchapter H, including annual |
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renewal of certification of persons performing evaluations of |
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teachers under Section 21.351. |
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SECTION 4. Section 21.045(a), Education Code, is amended to |
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read as follows: |
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(a) The board shall propose rules establishing standards to |
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govern the approval and continuing accountability of all educator |
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preparation programs based on the following information that is |
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disaggregated with respect to sex and ethnicity: |
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(1) results of the certification examinations |
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prescribed under Section 21.048(a); |
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(2) performance based on the evaluation [appraisal] |
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system for 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, to the extent practicable; and |
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(4) compliance with board requirements regarding the |
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frequency, duration, and quality of structural guidance and ongoing |
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support provided by field supervisors to beginning teachers during |
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their first year in the classroom. |
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SECTION 5. Section 21.256(g), Education Code, is amended to |
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read as follows: |
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(g) A performance [An] evaluation [or appraisal] of the |
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teacher is presumed to be admissible at the hearing. |
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SECTION 6. The heading to Subchapter H, Chapter 21, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER H. EVALUATIONS, APPRAISALS, AND INCENTIVES |
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SECTION 7. Section 21.351, Education Code, is amended to |
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read as follows: |
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Sec. 21.351. RECOMMENDED PERFORMANCE EVALUATION SYSTEM FOR |
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TEACHERS [APPRAISAL PROCESS AND PERFORMANCE CRITERIA]. (a) The |
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commissioner shall adopt a recommended performance evaluation |
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system for teachers to evaluate teacher effectiveness. The system |
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adopted must provide for basing a significant portion of the |
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evaluation on the teacher's student learning objectives and |
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outcomes, which must include student performance on assessment |
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instruments administered under Section 39.023 and other student |
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learning objectives and outcomes [appraisal process and criteria on
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which to appraise the performance of teachers. The criteria must be
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based on observable, job-related behavior, including:
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[(1)
teachers' implementation of discipline
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management procedures; and
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[(2) the performance of teachers' students]. |
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(b) The commissioner shall solicit and consider the advice |
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of teachers in developing the recommended performance evaluation |
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system for teachers [appraisal process and performance criteria]. |
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(c) Under the recommended performance evaluation system for |
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teachers [appraisal process], an evaluator [appraiser] must be |
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certified as provided by Section 21.041(b)(10), be the teacher's |
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supervisor or a person approved by the board of trustees, and be |
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monitored as necessary to ensure fairness, thoroughness, and |
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accuracy of the system. An evaluator [appraiser] who is a classroom |
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teacher may not evaluate [appraise] the performance of another |
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classroom teacher who teaches at the same school campus at which the |
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evaluator [appraiser] teaches, unless it is impractical because of |
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the number of campuses or unless the evaluator [appraiser] is the |
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chair of a department or grade level whose job description includes |
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classroom observation responsibilities. |
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(d) The recommended performance evaluation system for |
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teachers must provide that: |
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(1) a teacher be evaluated at least once each school |
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year; |
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(2) each evaluation be based on not fewer than three |
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classroom observations of the teacher; |
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(3) consistent and clear expectations regarding |
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teacher performance be communicated to the teacher at least once |
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each year before the first observation under Subdivision (2); |
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(4) at least one classroom observation of a teacher be |
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unannounced; |
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(5) a self-evaluation completed by the teacher after |
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the final observation under Subdivision (2) be considered by the |
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evaluator before the teacher's evaluation is complete; and |
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(6) a teacher's overall performance, based on the |
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evaluation, be assigned one of five ratings, as applicable, though |
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a greater number of separate ratings may be used to detail |
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performance under each [Under the recommended appraisal process,
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appraisal for teachers must be detailed by] category of |
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professional skill and characteristic evaluated as part of the |
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evaluation of the teacher's overall performance [and must provide
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for separate ratings for each category]. |
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(e) The recommended performance evaluation system for |
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teachers must [appraisal process shall] guarantee that a conference |
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between the teacher and the evaluator will occur not later than the |
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third working day after the date of each observation and a final |
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conference will occur not later than the third working day after the |
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date the teacher's evaluation under this section is completed |
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[appraiser]. The conference must [shall] be diagnostic and |
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prescriptive with regard to remediation needed in overall |
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performance and by category. |
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SECTION 8. Section 21.352, Education Code, is amended to |
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read as follows: |
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Sec. 21.352. LOCAL ROLE. (a) In evaluating [appraising] |
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teachers, each school district shall use: |
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(1) the performance evaluation system for teachers |
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[appraisal process and performance criteria] developed by the |
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commissioner under Section 21.351; or |
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(2) a performance evaluation system for teachers [an
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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 the items described by Sections |
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21.351(a) and (d) [21.351(a)(1) and (2)]; and |
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(C) adopted by the board of trustees. |
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(b) The board of trustees may reject a performance |
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evaluation system for teachers [an appraisal process and
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performance criteria] developed by the district- and campus-level |
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committees but may not modify the process or criteria. |
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(c) A performance evaluation of a teacher [Except as
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otherwise provided by this subsection, appraisal] must be done at |
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least once during each school year. [A teacher may be appraised
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less frequently if the teacher agrees in writing and the teacher's
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most recent evaluation rated the teacher as at least proficient, or
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the equivalent, and did not identify any area of deficiency. A
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teacher who is appraised less frequently than annually must be
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appraised at least once during each period of five school years.] |
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The district shall maintain a written copy of the evaluation of each |
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teacher's performance in the teacher's personnel file. Each |
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teacher is entitled to receive a written copy of the evaluation on |
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its completion. After receiving a written copy of the evaluation, a |
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teacher is entitled to a second evaluation [appraisal] by a |
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different evaluator [appraiser] or to submit a written rebuttal to |
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the evaluation to be attached to the evaluation in the teacher's |
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personnel file. The evaluation and any rebuttal may be given to |
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another school district at which the teacher has applied for |
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employment at the request of that district. |
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(d) Except as provided by Section 21.351(d)(4), a [A] |
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teacher may be given advance notice of the date or time of an |
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evaluation [appraisal], but advance notice is not required. |
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SECTION 9. Section 21.353, Education Code, is amended to |
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read as follows: |
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Sec. 21.353. PERFORMANCE EVALUATION [APPRAISAL] ON BASIS OF |
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CLASSROOM TEACHING PERFORMANCE. A teacher who directs |
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extracurricular activities in addition to performing classroom |
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teaching duties shall be evaluated [appraised] only on the basis of |
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classroom teaching performance and not on performance in connection |
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with the extracurricular activities. |
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SECTION 10. Section 28.006(e), Education Code, is amended |
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to read as follows: |
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(e) The results of reading instruments administered under |
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this section may not be used for purposes of evaluations, |
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appraisals, and incentives under Chapter 21 or accountability under |
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Chapter 39. |
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SECTION 11. Section 28.007(b), Education Code, is amended |
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to read as follows: |
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(b) The results of assessment instruments developed under |
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Subsection (a) may not be used for purposes of evaluations, |
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appraisals, and incentives under Chapter 21 or accountability under |
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Chapter 39. |
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SECTION 12. (a) Not later than September 1, 2013, the |
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commissioner of education shall develop the performance evaluation |
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system for teachers required under Section 21.351, Education Code, |
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as amended by this Act. |
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(b) Notwithstanding Sections 21.351 and 21.352, Education |
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Code, as amended by this Act, until the recommended performance |
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evaluation system for public school teachers is implemented, public |
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school teachers shall be appraised as provided by Sections 21.351 |
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and 21.352, Education Code, as those sections existed before |
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amendment by this Act. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |