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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