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A BILL TO BE ENTITLED
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AN ACT
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relating to certification, continuing education, and appraisal of |
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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 21.048, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In proposing rules under Subsection (a), the board |
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shall prescribe a comprehensive examination administered to a |
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person applying for certification to teach early childhood through |
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grade four or English as a second language in early childhood |
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through grade four that includes components in reading, language |
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arts, science, social studies, and mathematics. The reading |
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component must include material covering the science of reading. |
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The proposed rules must provide for scoring the examination based |
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on a cumulative score in addition to an individual score for each |
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component area listed in this subsection. The proposed rules must |
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provide a minimum scoring standard that demonstrates satisfactory |
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performance and content mastery for the cumulative score and each |
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component area. The minimum scoring standard proposed by the board |
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for the cumulative score must be greater than the total of the |
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proposed minimum scoring standard for each component area. |
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SECTION 2. Section 21.054, Education Code, is amended by |
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adding Subsection (b) to read as follows: |
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(b) The board shall implement an appraisal and |
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accountability system for continuing education courses offered in |
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this state and monitor the quality of all continuing education |
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courses. |
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SECTION 3. Section 21.351, Education Code, is amended to |
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read as follows: |
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Sec. 21.351. RECOMMENDED APPRAISAL PROCESS AND PERFORMANCE |
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CRITERIA. (a) The commissioner shall adopt a recommended |
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appraisal process and criteria on which to appraise the performance |
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of teachers. The process adopted must provide for basing a |
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significant portion of the appraisal on the teacher's student |
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learning objectives and outcomes, which must include student |
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performance on assessment instruments administered under Section |
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39.023 and other student learning objectives and outcomes. The |
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performance of a teacher's students on assessment instruments |
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required under Subchapter B, Chapter 39, may not be the primary |
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indicator for determining teacher effectiveness. The recommended |
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appraisal process must provide a method for determining the |
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effectiveness of teachers who do not teach a subject in which |
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assessment instruments under Subchapter B, Chapter 39, are |
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administered. [The criteria must be based on observable,
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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, administrative leaders, education experts, and |
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parents of students in developing the recommended appraisal process |
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and performance criteria. |
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(c) Under the recommended appraisal process, an appraiser |
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must be the teacher's supervisor or a person approved by the board |
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of trustees and be monitored as necessary to ensure fairness, |
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thoroughness, and accuracy of the system. An appraiser who is a |
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classroom teacher may not 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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appraiser teaches, unless it is impractical because of the number |
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of campuses or unless the appraiser is the chair of a department or |
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grade level whose job description includes classroom observation |
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responsibilities. |
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(d) The recommended appraisal process for teachers must |
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provide that: |
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(1) a teacher be appraised at least once each school |
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year; |
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(2) 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; |
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(3) a self-evaluation be completed by the teacher and |
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be considered by the appraiser before the teacher's appraisal is |
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complete; and |
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(4) a teacher's overall performance, based on the |
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appraisal, be assigned one of five ratings, as applicable, though a |
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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 appraised as part of the |
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appraisal 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 appraisal process for teachers must |
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[shall] guarantee that a conference between the teacher and the |
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appraiser will occur as soon as possible after the teacher's |
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appraisal under this section is completed. The conference must |
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[shall] be diagnostic and prescriptive with regard to remediation |
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needed in overall performance and by category. |
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(f) The recommended appraisal process may provide a |
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modified and less frequent appraisal process for a teacher if the |
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most recent appraisal of the teacher rated the teacher at the |
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highest level of proficiency in the system and did not identify any |
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area of deficiency and the teacher agrees in writing to the modified |
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appraisal process. A teacher who is appraised less frequently than |
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annually must be appraised at least once during each period of three |
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school years. |
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(g) Before the commissioner adopts the recommended |
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appraisal process required by this section, the commissioner must |
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develop, validate, and test proposals regarding the process. The |
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commissioner may initiate pilot projects to implement and test |
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proposals, which may address different aspects of the process and |
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different methods for determining teacher effectiveness. The |
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process adopted by the commissioner must include the measurement of |
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the teacher's effectiveness. In determining the measurement of the |
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teacher's effectiveness, the process adopted must be fair, |
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transparent, timely, rigorous, and valid. |
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SECTION 4. Sections 21.352(a) and (c), Education Code, are |
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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 under Section 21.351; 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 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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(c) Except as otherwise provided by this subsection, |
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appraisal must be done at least once during each school year. A |
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teacher may be appraised less frequently if the teacher agrees in |
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writing and the teacher's most recent evaluation rated the teacher |
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at the highest proficiency [as at least proficient, or the
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equivalent,] and did not identify any area of deficiency. A teacher |
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who is appraised less frequently than annually must be appraised at |
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least once during each period of three [five] school years. The |
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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 appraisal by a different appraiser |
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or to submit a written rebuttal to the evaluation to be attached to |
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the evaluation in the teacher's personnel file. The evaluation and |
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any rebuttal may be given to another school district at which the |
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teacher has applied for employment at the request of that district. |
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SECTION 5. Subchapter H, Chapter 21, Education Code, is |
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amended by adding Section 21.358 to read as follows: |
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Sec. 21.358. QUALIFICATIONS OF APPRAISERS. The |
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commissioner shall adopt rules regarding the minimum |
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qualifications necessary for a person who conducts teacher |
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appraisals. The rules must require that the appraiser be highly |
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qualified to assess instructional quality and demonstrate |
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instructional leadership. |
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SECTION 6. The commissioner of education shall adopt a |
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recommended appraisal process that complies with Section 21.351, |
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Education Code, as amended by this Act, in a manner that allows a |
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school district to implement the recommended appraisal process |
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adopted by the commissioner not later than September 1, 2015. |
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SECTION 7. This Act takes effect September 1, 2011. |