By: Shapiro S.B. No. 4

(In the Senate - Filed March 11, 2011; March 14, 2011, read first time and referred to Committee on Education; April 14, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 2; April 14, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 4 By: Shapiro

A BILL TO BE ENTITLED

AN ACT

relating to certification, performance, continuing education, and appraisal of public school teachers.

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

SECTION 1. Subsection (b), Section 21.041, 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 probationary, provisional, standard, and 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; and

(9) provide for continuing education requirements[; and

[(10) provide for certification of persons performing appraisals under Subchapter H].

SECTION 2. Section 21.048, Education Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) In proposing rules under Subsection (a), the board shall prescribe a comprehensive examination administered to a person applying for certification to teach early childhood through grade four or English as a second language in early childhood through grade four that includes components in reading, language arts, science, social studies, and mathematics. The reading component must include material covering the science of reading. The proposed rules must provide for scoring the examination based on a cumulative score in addition to an individual score for each component area listed in this subsection. The proposed rules must provide a minimum scoring standard that demonstrates satisfactory performance and content mastery for the cumulative score and each component area. The minimum scoring standard proposed by the board for the cumulative score must be greater than the total of the proposed minimum scoring standard for each component area.

SECTION 3. Subchapter B, Chapter 21, Education Code, is amended by adding Sections 21.0521, 21.0522, and 21.0523 to read as follows:

Sec. 21.0521. PROBATIONARY CERTIFICATE. (a) The board may issue a probationary certificate to a person enrolled in an alternative certification program or a postbaccalaureate certification program who has not completed all certification program requirements.

(b) A probationary certificate issued under this section expires on the first anniversary of the date on which the certificate was issued and may be renewed only for two additional one-year periods.

(c) A person who is issued a probationary certificate under this section and is employed under a probationary contract for a total of three years is eligible to receive a standard certificate on completion of all requirements under Section 21.0523(a).

(d) A person who is issued a probationary certificate may only be employed by a school district under a probationary contract and is not eligible to be employed under a term contract.

Sec. 21.0522. PROVISIONAL CERTIFICATE. (a) The board shall issue a provisional certificate to a person who has not previously been certified as an educator in this state and who has:

(1) successfully completed an educator preparation program;

(2) performed satisfactorily on the certification examination required by Section 21.048; and

(3) completed all other requirements for educator certification.

(b) A provisional certificate issued under this section:

(1) expires on the third anniversary of the date on which the certificate was issued; and

(2) is not renewable.

(c) A person enrolled in an alternative certification program or a postbaccalaureate certification program who has not completed all certification program requirements is not eligible for a provisional certificate. On completion of all requirements of the program, including an internship of one year, the person is eligible for a provisional certificate under this section.

(d) An educator who has been issued a probationary certificate and is employed under a probationary contract may receive a provisional certificate that expires on the third anniversary of the date on which the person was originally employed under the probationary contract.

(e) A person who is issued a provisional certificate under this section may be employed by a school district under a term contract as provided by Subchapter E.

Sec. 21.0523. STANDARD CERTIFICATE. (a) On the expiration of a person's provisional certificate or at the end of a person's third probationary contract term, the board shall issue a standard certificate to the person if the person has:

(1) demonstrated that the person is an effective educator; and

(2) completed all required continuing education hours.

(b) Notwithstanding Section 21.355, to assist the board in determining whether a person is an effective educator, the person applying for a standard certificate must submit to the board a copy of all educator appraisals of the person. The board shall take appropriate measures to maintain the confidentiality of the appraisals.

(c) The commissioner shall adopt rules to establish criteria for determining whether a person is an effective educator for purposes of this section.

SECTION 4. Section 21.054, Education Code, is amended by adding Subsection (b) to read as follows:

(b) The board shall implement an evaluation and accountability system for continuing education courses offered in this state and monitor the quality of all continuing education courses.

SECTION 5. Section 21.351, Education Code, is amended by adding Subsections (a-1), (e), and (f) to read as follows:

(a-1) The recommended appraisal process must provide that at least 35 percent of the appraisal is based on a measurement of the teacher's effectiveness and the annual improvement of the teacher's students' achievement. The commissioner by rule shall define teacher effectiveness and the measures for determining teacher effectiveness.

(e) A teacher must be observed for a period of at least 45 minutes at least twice during each school year. An observation of a teacher may occur on multiple occasions for a total period of 45 minutes.

(f) Not later than September 1, 2013, the commissioner shall adopt rules that redesign the recommended appraisal process. The commissioner shall consult with educators, administrative leaders, education experts, and parents of students in developing the recommended appraisal process and may contract with public or private entities as necessary to implement this subsection. The rules adopted by the commissioner must include the measurement of the teacher's effectiveness and the annual improvement in the achievement of the teacher's students under Subsection (a-1). In determining the measurement of the teacher's effectiveness and the annual improvement in the achievement of the teacher's students, the rules must provide that the process is fair, transparent, timely, rigorous, and valid. This subsection expires September 1, 2013.

SECTION 6. Section 21.352, Education Code, is amended by amending Subsections (a) and (c) and adding Subsection (b-1) to read as follows:

(a) In appraising teachers, each school district shall use:

(1) the appraisal process and performance criteria developed by the commissioner; or

(2) an appraisal process and performance criteria:

(A) developed by the district- and campus-level committees established under Section 11.251 in collaboration with education experts and educators, administrative leaders, and parents of students in the district;

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

(C) adopted by the board of trustees; and

(D) approved by the commissioner.

(b-1) The commissioner may adopt rules regarding approval of local appraisal processes under Subsection (a).

(c) An evaluation [Except as otherwise provided by this subsection, appraisal] must be done at least twice [once] during each school year. A teacher must be observed for a period of at least 45 minutes as provided by Section 21.351(e) [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 appraisal by a different 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.

SECTION 7. Subchapter H, Chapter 21, Education Code, is amended by adding Section 21.3521 to read as follows:

Sec. 21.3521. INDIVIDUALIZED PROFESSIONAL DEVELOPMENT PLAN. (a) On the conclusion of a teacher's observation, the teacher and the principal of the school at which the teacher is employed shall prepare an individualized professional development plan for the teacher. The plan must include continuing education requirements for the teacher and must be linked to:

(1) any areas identified in the teacher's appraisal as needing improvement;

(2) any areas identified by the teacher as appropriate for achievement of specific professional goals; and

(3) the subject area taught by the teacher.

(b) The principal must provide sufficient opportunities for the teacher to achieve the requirements and goals included in the teacher's individualized professional development plan prepared under Subsection (a).

SECTION 8. Section 21.355, Education Code, is amended to read as follows:

Sec. 21.355. CONFIDENTIALITY. Except as provided by Section 21.0523, a [A] document evaluating the performance of a teacher or administrator is confidential.

SECTION 9. Subchapter H, Chapter 21, Education Code, is amended by adding Section 21.358 to read as follows:

Sec. 21.358. QUALIFICATIONS OF APPRAISERS. (a) The commissioner shall review and assess the qualifications of administrators and teachers who perform appraisals.

(b) The commissioner shall adopt rules regarding the minimum qualifications necessary for a person who conducts teacher appraisals. The rules must require that the appraiser be highly qualified to assess instructional quality and demonstrate instructional leadership.

SECTION 10. Subchapter J, Chapter 21, Education Code, is amended by adding Section 21.4581 to read as follows:

Sec. 21.4581. LEADERSHIP PROGRAM. The commissioner shall create specialized mid-management certificates in teacher leadership for qualified teachers who have demonstrated effectiveness as a teacher under criteria determined by commissioner rule.

SECTION 11. (a) Sections 21.0521, 21.0522, and 21.0523, Education Code, as added by this Act, apply to a person who has never been certified to teach in this state who applies for certification on or after the effective date of this Act. A person who has never been certified to teach in this state who applies for certification before the effective date of this Act or a person who is certified to teach in this state on the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

(b) Not later than January 1, 2012, the State Board for Educator Certification shall propose rules as required by this Act.

SECTION 12. This Act takes effect September 1, 2011.

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