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A BILL TO BE ENTITLED
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AN ACT
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relating to the public school educator excellence innovation |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter O, Chapter 21, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER O. EDUCATOR EXCELLENCE INNOVATION [AWARDS] PROGRAM |
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SECTION 2. Section 21.701, Education Code, is amended to |
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read as follows: |
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Sec. 21.701. DEFINITION. In this subchapter, "program" |
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means the educator excellence innovation [awards] program. |
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SECTION 3. Subchapter O, Chapter 21, Education Code, is |
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amended by adding Section 21.7011 to read as follows: |
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Sec. 21.7011. PURPOSES. The purposes of the educator |
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excellence innovation program are to: |
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(1) systemically transform: |
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(A) educator quality and effectiveness through |
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improved and innovative school district-level recruitment, |
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preparation, hiring, induction, evaluation, professional |
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development, strategic compensation, career pathways, and |
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retention; and |
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(B) district administrative practices to improve |
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quality, effectiveness, and efficiency; and |
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(2) use the enhanced educator and administrative |
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quality and effectiveness to improve student learning and student |
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academic performance, especially the learning and academic |
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performance of students enrolled in districts that: |
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(A) receive federal funding under Title I of the |
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Elementary and Secondary Education Act of 1965 (20 U.S.C. Section |
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6301 et seq.); and |
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(B) have at a majority of district campuses a |
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student enrollment of which at least 50 percent is educationally |
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disadvantaged. |
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SECTION 4. The heading to Section 21.702, Education Code, |
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is amended to read as follows: |
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Sec. 21.702. EDUCATOR EXCELLENCE INNOVATION [AWARDS] |
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PROGRAM. |
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SECTION 5. Sections 21.702(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The commissioner by rule shall establish the [an
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educator excellence awards] program under which school districts, |
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in accordance with local educator excellence innovation [awards] |
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plans approved by the commissioner, receive competitive program |
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grants from the agency for carrying out the purposes of the program |
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as described [purpose of providing awards to district employees in
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the manner provided] by Section 21.7011 [21.705]. |
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(b) In establishing the program, the commissioner shall |
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adopt program guidelines in accordance with this subchapter for a |
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school district to follow in developing a local educator excellence |
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innovation [awards] plan under Section 21.704. |
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SECTION 6. Section 21.703, Education Code, is amended to |
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read as follows: |
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Sec. 21.703. EDUCATOR EXCELLENCE INNOVATION FUND; AMOUNT OF |
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GRANT AWARD. [(a)] Each state fiscal year, the commissioner shall |
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deposit an amount determined by the General Appropriations Act to |
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the credit of the educator excellence innovation fund in the |
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general revenue fund. Each state fiscal year, the agency shall use |
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money [funds] in the educator excellence innovation fund to provide |
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each [a qualifying] school district approved on a competitive basis |
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under this subchapter with a grant in an amount determined by the |
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agency in accordance with commissioner rule[:
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[(1)
dividing the amount of money available for
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distribution in the educator excellence fund by the total number of
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students in average daily attendance in qualifying districts for
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that fiscal year; and
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[(2)
multiplying the amount determined under
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Subdivision (1) by the number of students in average daily
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attendance in the district]. |
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SECTION 7. Section 21.704, Education Code, is amended to |
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read as follows: |
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Sec. 21.704. LOCAL EDUCATOR EXCELLENCE INNOVATION [AWARDS] |
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PLANS. (a) A district-level committee for a school district that |
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intends to participate in the program, such as the district-level |
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planning and decision-making committee established under |
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Subchapter F, Chapter 11, shall develop a local educator excellence |
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innovation [awards] plan for the district. The local educator |
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excellence innovation [awards] plan may provide for all campuses in |
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the district to participate in the program or only certain campuses |
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selected by the district-level committee. [A majority of classroom
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teachers assigned to a campus that is selected by the
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district-level committee to participate in the program must approve
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participation to be included in the local awards plan.] |
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(c) A school district must [shall] submit a local educator |
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excellence innovation [awards] plan to the agency for approval. |
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[The plan must be submitted together with evidence of significant
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teacher involvement in the development of the plan.] |
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(c-1) A local educator excellence innovation [awards] plan |
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must be designed to carry out each purpose of the program as |
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described by Section 21.7011 [provide for teachers and principals
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eligible to receive awards under the plan to be notified of the
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specific criteria and any formulas on which the awards will be based
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before the beginning of the period on which the awards will be
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based]. |
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(d) The agency may approve only a local educator excellence |
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innovation [awards] plan that meets program guidelines adopted by |
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the commissioner under Section 21.702 and that satisfies this |
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section and Section 21.706 [21.705]. From among the local educator |
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excellence innovation plans submitted and depending on the amount |
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of money available for distribution in the educator excellence |
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innovation fund, the agency shall approve plans that most |
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comprehensively and innovatively address the purposes of the |
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program as described by Section 21.7011 so that the effectiveness |
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of various plans in achieving those purposes can be compared and |
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evaluated. |
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(e) [The agency shall make model local awards plans
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available to school districts that wish to participate in the
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program.
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[(f)] A school district whose local educator excellence |
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innovation [awards] plan is approved by the agency to receive a |
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program grant under this subchapter may renew the plan for three |
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consecutive school years without resubmitting the plan to the |
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agency for approval. A school district may amend a local educator |
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excellence innovation [awards] plan for approval by the agency for |
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each school year the district receives a program grant. |
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SECTION 8. Subchapter O, Chapter 21, Education Code, is |
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amended by adding Sections 21.706 and 21.7061 to read as follows: |
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Sec. 21.706. INNOVATION PLAN PAYMENTS; AUTHORIZED GENERAL |
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AND SPECIFIC USES. A school district may use grant funds awarded to |
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the district under this subchapter only to carry out purposes of the |
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program as described by Section 21.7011, in accordance with the |
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district's local educator excellence innovation plan, which may |
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include the following specific methods or procedures: |
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(1) implementation and administration of a |
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high-quality mentoring program for teachers in a teacher's first |
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three years of classroom teaching using mentors who meet the |
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qualifications prescribed by Section 21.458(b); |
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(2) implementation of a teacher evaluation system |
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using multiple measures that include: |
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(A) the results of classroom observation, which |
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may include student comments; |
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(B) the degree of student educational growth and |
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learning; and |
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(C) the results of teacher self-evaluation; |
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(3) to the extent permitted under Subchapter C, |
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Chapter 25, restructuring of the school day or school year to |
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provide for embedded and collaborative learning communities for the |
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purpose of professional development; and |
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(4) establishment of an alternative teacher |
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compensation or retention system. |
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Sec. 21.7061. IMPLEMENTATION FLEXIBILITY. (a) |
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Notwithstanding any other provision of this code and subject to |
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Subsection (b), a school district may apply to the commissioner in |
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writing in accordance with commissioner rule for a waiver to exempt |
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the district or one or more district campuses from Subchapter H or J |
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or from Section 21.402, as specified in the waiver application, but |
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only if the waiver is required to carry out purposes of the program |
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as described by Section 21.7011, in accordance with the district's |
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local educator excellence innovation plan. |
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(b) Before an application for a waiver is submitted to the |
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commissioner under Subsection (a), the application specifying the |
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provision or subchapter for which the waiver is sought must be |
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approved by a vote of: |
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(1) a majority of the members of the school district |
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board of trustees; and |
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(2) a majority of the teachers and other staff members |
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at each campus for which the waiver is sought. |
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(c) The commissioner shall grant or deny an application |
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under this section based on standards adopted by commissioner rule. |
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(d) Neither the board of trustees of a school district nor |
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the district superintendent may compel a waiver of rights under |
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this section. |
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SECTION 9. Section 21.705, Education Code, is repealed. |
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SECTION 10. This Act applies beginning with the 2014-2015 |
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school year. |
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SECTION 11. 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, 2013. |