83R6596 KKA-D
 
  By: Patrick, Hancock, Seliger S.B. No. 1403
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school teachers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.044, Education Code, as amended by
  Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd
  Legislature, Regular Session, 2011, is reenacted and amended to
  read as follows:
         Sec. 21.044.  EDUCATOR PREPARATION. (a) The board shall
  propose rules establishing the training requirements a person must
  accomplish to obtain a certificate, enter an internship, or enter
  an induction-year program.  The board shall specify the minimum
  academic qualifications required for a certificate.
         (b)  Any minimum academic qualifications for a certificate
  specified under Subsection (a) that require a person to possess a
  bachelor's degree must also require that the person receive, as
  part of the curriculum for that degree, instruction in detection
  and education of students with dyslexia.  This subsection does not
  apply to a person who obtains a certificate through an alternative
  certification program adopted under Section 21.049.
         (c)  The instruction under Subsection (b) must:
               (1)  be developed by a panel of experts in the diagnosis
  and treatment of dyslexia who are:
                     (A)  employed by institutions of higher
  education; and
                     (B)  approved by the board; and
               (2)  include information on:
                     (A)  characteristics of dyslexia;
                     (B)  identification of dyslexia; and
                     (C)  effective, multisensory strategies for
  teaching students with dyslexia.
         (d) [(b)]  In proposing rules under this section, the board
  shall specify that to obtain a certificate to teach an "applied STEM
  course," as that term is defined by Section 28.027, at a secondary
  school, a person must:
               (1)  pass the certification test administered by the
  recognized national or international business and industry group
  that created the curriculum the applied STEM course is based on; and
               (2)  have at a minimum:
                     (A)  an associate degree from an accredited
  institution of higher education; and
                     (B)  three years of work experience in an
  occupation for which the applied STEM course is intended to prepare
  the student.
         (e)  Each educator preparation program must provide
  information regarding:
               (1)  the skills that educators are required to possess,
  the responsibilities that educators are required to accept, and the
  high expectations for students in this state;
               (2)  the effect of supply and demand forces on the
  educator workforce in this state;
               (3)  the performance over time of the educator
  preparation program;
               (4)  the importance of building strong classroom
  management skills; and
               (5)  the framework in this state for teacher and
  principal evaluation, including the procedures followed in
  accordance with Subchapter H.
         SECTION 2.  Section 21.048, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The board shall propose rules prescribing comprehensive
  examinations for each class of certificate issued by the board. The
  board shall determine the satisfactory level of performance
  required for each certification examination. For the issuance of a
  generalist certificate, the board shall require a satisfactory
  level of examination performance in each core subject covered by
  the examination.
         (a-1)  The board may not require that more than 45 days
  elapse before a person may retake an examination.
         SECTION 3.  Section 21.049, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  The rules must provide that a person is not eligible
  for admission to an alternative educator preparation program unless
  the person:
               (1)  satisfies minimum grade point average
  requirements prescribed by the board and equivalent to the
  requirements applicable to admission to a traditional educator
  preparation program; and
               (2)  has completed at least 18 credit hours, or a
  greater amount as prescribed by the board, in the subject area for
  which the person seeks certification.
         SECTION 4.  Section 21.351, Education Code, is amended to
  read as follows:
         Sec. 21.351.  RECOMMENDED APPRAISAL FRAMEWORK, PROCESSES,
  [PROCESS] AND PERFORMANCE CRITERIA. (a) The commissioner shall
  adopt a recommended appraisal framework for evaluating the
  performance of teachers. The framework must [process and criteria
  on which to appraise the performance of teachers. The criteria must
  be based on observable, job-related behavior, including]:
               (1)  include standards for teaching practice, context
  for teacher evaluations, and teacher-evaluation components and
  process [teachers' implementation of discipline management
  procedures]; [and]
               (2)  identify the required elements for any teacher
  evaluation system used in this state;
               (3)  be grounded on the principle that the primary goal
  of a high-quality evaluation system is to assess and improve
  teaching and learning, resulting in higher student performance; and
               (4)  require evaluations to be based on multiple
  measures within each component that are easily understood,
  transparent, job-related, and observable [the performance of
  teachers' students].
         (a-1)  In a manner consistent with the framework required
  under Subsection (a), the commissioner shall develop a variety of
  recommended appraisal processes and performance criteria.
         (b)  The commissioner shall solicit and consider the advice
  of teachers in developing the recommended appraisal framework,
  processes, [process] and performance criteria.
         (c)  Under a [the] recommended appraisal process, an
  appraiser must be the teacher's supervisor or a person approved by
  the board of trustees. An appraiser who is a classroom teacher may
  not appraise the performance of another classroom teacher who
  teaches at the same school campus at which the appraiser teaches,
  unless it is impractical because of the number of campuses or unless
  the appraiser is the chair of a department or grade level whose job
  description includes classroom observation responsibilities.
         (d)  Under a [the] recommended appraisal process, appraisal
  for teachers must be detailed by category of professional skill and
  characteristic and must provide for separate ratings for each
  category. The appraisal process shall guarantee a conference
  between the teacher and the appraiser. The conference shall be
  diagnostic and prescriptive with regard to remediation needed in
  overall performance and by category.
         SECTION 5.  Section 21.352, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (c-1),
  (c-2), (e), and (f) to read as follows:
         (a)  In appraising teachers, each school district shall use:
               (1)  an [the] appraisal process and performance
  criteria recommended [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;
                     (B)  containing the elements identified under
  Section 21.351(a)(2) and multiple measures within each component of
  evaluation [items described by Sections 21.351(a)(1) and (2)]; and
                     (C)  adopted by the board of trustees.
         (c)  Except as otherwise provided by this subsection,
  appraisal must be done at least once during each school year. An
  experienced [A] teacher 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. An experienced [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 promptly 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.
         (c-1)  In addition to conducting a complete appraisal as
  frequently as required by Subsection (c), a school district shall
  require that appropriate components of the appraisal process, such
  as classroom observations and walk-throughs, occur more frequently
  as necessary to ensure that a teacher receives adequate evaluation
  and guidance. A school district shall give priority to conducting
  appropriate components more frequently for inexperienced teachers
  or experienced teachers with identified areas of deficiency.
         (c-2)  The board of trustees shall adopt a policy regarding
  the number of years that a teacher must have provided instruction to
  students to be considered an experienced teacher for purposes of
  Subsections (c) and (c-1).
         (e)  A district shall use a teacher's consecutive appraisals
  from more than one year, if available, in making the district's
  employment decisions and developing career recommendations for the
  teacher.
         (f)  The district shall notify a teacher of the results of
  any appraisal of the teacher in a timely manner so that the
  appraisal may be used as a developmental tool by the district and
  the teacher to improve the overall performance of the teacher.
         SECTION 6.  The heading to Section 21.402, Education Code,
  is amended to read as follows:
         Sec. 21.402.  MINIMUM SALARY [SCHEDULE] FOR CERTAIN
  PROFESSIONAL STAFF.
         SECTION 7.  Sections 21.402(a), (b), (c), and (g), Education
  Code, are amended to read as follows:
         (a)  A [Except as provided by Subsection (f), a] school
  district must pay each classroom teacher, full-time librarian,
  full-time counselor certified under Subchapter B, or full-time
  school nurse not less than $41,000 annually [the minimum monthly
  salary, based on the employee's level of experience in addition to
  other factors, as determined by commissioner rule, determined by
  the following formula:
  [MS = SF x FS
  where:
         ["MS" is the minimum monthly salary;
         ["SF" is the applicable salary factor specified by Subsection
  (c); and
         ["FS" is the amount, as determined by the commissioner under
  Subsection (b), of the basic allotment as provided by Section
  42.101(a) or (b) for a school district with a maintenance and
  operations tax rate at least equal to the state maximum compressed
  tax rate, as defined by Section 42.101(a)].
         (b)  Each year the agency shall collect information from
  school districts regarding salaries paid to employees entitled to
  the minimum salary specified in Subsection (a). Based on the
  information collected, the agency shall:
               (1)  determine the median salaries of teachers in this
  state based on grade level and subject matter taught;
               (2)  post the median salaries on the agency Internet
  website; and
               (3)  report the median salaries to members of the
  legislature [Not later than June 1 of each year, the commissioner
  shall determine the basic allotment and resulting monthly salaries
  to be paid by school districts as provided by Subsection (a)].
         (c)  Each year the agency shall analyze the cost of living in
  each region of this state to determine if teacher salaries paid by
  school districts in a region are comparable to salaries paid in that
  region to persons engaged in comparable professions. The agency
  shall post the results of the analysis on the agency's Internet
  website and report the results to members of the legislature. [The
  salary factors per step are as follows:
 
[Years Experience 0 1 2 3 4
 
 
Salary Factor .5464 .5582 .5698 .5816 .6064
 
 
Years Experience 5 6 7 8 9
 
 
Salary Factor .6312 .6560 .6790 .7008 .7214
 
 
Years Experience 10 11 12 13 14
 
 
Salary Factor .7408 .7592 .7768 .7930 .8086
 
 
Years Experience 15 16 17 18 19
 
 
Salary Factor .8232 .8372 .8502 .8626 .8744
 
 
Years Experience 20 and over        
 
 
Salary Factor .8854]        
  application of this section, including rules that:
               (1)  require the payment of a minimum salary under this
  section to a person employed in more than one capacity for which a
  minimum salary is provided and whose combined employment in those
  capacities constitutes full-time employment; and
               (2)  specify the credentials a person must hold to be
  considered a [speech pathologist or] school nurse under this
  section.
         SECTION 8.  Section 21.4031, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) to read
  as follows:
         (a)  In this section, "service[:
               [(1)     "Salary schedule" means the minimum salary
  schedule under Section 21.402 or a comparable salary schedule used
  by a school district that specifies salary amounts based on an
  employee's level of experience.
               [(2)  "Service] record" means a school district
  document that indicates the total years of service provided to the
  district by a classroom teacher, librarian, counselor, or nurse.
         (c)  If a school district fails to provide an individual's
  service record as required by Subsection (b), the agency shall, to
  the extent that information is available to the agency, provide the
  employing school district with the information [sufficient to
  enable the district to determine proper placement of the individual
  on the district's salary schedule].
         (d)  The commissioner shall adopt rules for determining the
  experience as a classroom teacher, librarian, counselor, or nurse
  for a school district for which an individual is to be given credit
  for years of service for purposes of a service record.  Each
  district shall maintain service records in accordance with
  commissioner rules adopted under this subsection.
         SECTION 9.  Section 21.410(l), Education Code, is amended to
  read as follows:
         (l)  A stipend a teacher receives under this section is not
  considered in determining whether the district is paying the
  teacher the minimum [monthly] salary under Section 21.402.
         SECTION 10.  Section 21.411(l), Education Code, is amended
  to read as follows:
         (l)  A stipend a teacher receives under this section is not
  considered in determining whether the district is paying the
  teacher the minimum [monthly] salary under Section 21.402.
         SECTION 11.  Section 21.412(l), Education Code, is amended
  to read as follows:
         (l)  A stipend a teacher receives under this section is not
  considered in determining whether the district is paying the
  teacher the minimum [monthly] salary under Section 21.402.
         SECTION 12.  Section 21.413(l), Education Code, is amended
  to read as follows:
         (l)  A stipend a teacher receives under this section is not
  considered in determining whether the district is paying the
  teacher the minimum [monthly] salary under Section 21.402.
         SECTION 13.  Subchapter J, Chapter 21, Education Code, is
  amended by adding Section 21.4513 to read as follows:
         Sec. 21.4513.  PROFESSIONAL DEVELOPMENT REQUIREMENTS
  AUDIT. (a) The agency shall periodically conduct an audit of the
  professional development requirements applicable to educators in
  this state, including state and federal requirements and
  requirements imposed by school districts.
         (b)  Based on audit results, the agency shall seek to
  eliminate conflicting requirements and consolidate duplicative
  requirements through the following methods, as appropriate:
               (1)  taking administrative action;
               (2)  encouraging school districts to make appropriate
  changes to district policies; or
               (3)  recommending statutory changes to the
  legislature.
         (b-1)  The agency shall complete the initial audit required
  by Subsection (b) not later than August 1, 2014. This subsection
  expires September 1, 2014.
         (c)  The agency shall provide guidance to school districts
  regarding high-quality professional development and the outcomes
  expected to result from providing that caliber of professional
  development.
         SECTION 14.  Section 21.4551(e), Education Code, is amended
  to read as follows:
         (e)  From funds appropriated for that purpose, a teacher who
  attends a reading academy is entitled to receive a stipend in the
  amount determined by the commissioner.  A stipend received under
  this subsection is not considered in determining whether a district
  is paying the teacher the minimum [monthly] salary under Section
  21.402.
         SECTION 15.  Section 21.458, Education Code, is amended by
  amending Subsection (c) and adding Subsections (e) and (e-1) to
  read as follows:
         (c)  From the funds appropriated to the agency for purposes
  of this section, the commissioner shall adopt rules and provide
  funding to school districts that assign mentor teachers under this
  section. Funding provided to districts under this section may be
  used only for providing:
               (1)  mentor teacher stipends;
               (2)  scheduled release time for mentor teachers and the
  classroom teachers to whom they are assigned for meeting and
  engaging in [to provide] mentoring activities [to assigned
  classroom teachers]; and
               (3)  mentoring support through providers of mentor
  training.
         (e)  Each year the commissioner shall report to the
  legislature regarding the effectiveness of school district
  mentoring programs.
         (e-1)  Not later than November 1, 2013, the lieutenant
  governor and speaker of the house of representatives shall form an
  advisory committee to evaluate the implementation of this section
  and make recommendations for improvement. The committee shall
  develop recommended guidelines that align teacher induction and
  mentoring activities with expectations for new teachers based on
  teaching practice standards. The agency shall provide
  administrative support for the committee. The committee shall
  submit a report of its recommendations to the legislature not later
  than January 1, 2015. This subsection expires January 31, 2015.
         SECTION 16.  Section 22.107(a), Education Code, is amended
  to read as follows:
         (a)  A school district shall pay each full-time district
  employee, other than an administrator or an employee entitled
  [subject] to the minimum salary [schedule] under Section 21.402, an
  amount at least equal to $500.
         SECTION 17.  Section 30.102(b), Education Code, is amended
  to read as follows:
         (b)  A classroom teacher, full-time librarian, full-time
  counselor certified under Subchapter B, Chapter 21, or full-time
  school nurse employed by the commission is entitled to receive as a
  minimum salary the [monthly] salary specified by Section 21.402. A
  classroom teacher, full-time librarian, full-time counselor, or
  full-time school nurse may be paid, from funds appropriated to the
  commission, a salary in excess of the minimum specified by that
  section, but the salary may not exceed the rate of pay for a similar
  position in the public schools of an adjacent school district.
         SECTION 18.  Subchapter C, Chapter 42, Education Code, is
  amended by adding Section 42.162 to read as follows:
         Sec. 42.162.  TEACHER ALLOTMENT. (a)  A school district is
  entitled to an annual allotment of $____ for each classroom teacher
  employed by the district if the district satisfies the requirements
  of this section.
         (b)  To be eligible for an allotment under this section, a
  school district must:
               (1)  adopt and implement a strategic teacher
  compensation plan that provides additional compensation to a
  classroom teacher who meets at least one of the following criteria:
                     (A)  demonstrates effectiveness in improving
  student achievement, as indicated in the teacher's evaluations;
                     (B)  serves as a mentor for other classroom
  teachers;
                     (C)  assumes work responsibilities in addition to
  classroom teacher duties;
                     (D)  teaches in a subject area or position
  experiencing a critical shortage of teachers, as determined by the
  commissioner, provided that the teacher is qualified to teach in
  that subject or position;
                     (E)  teaches at a campus that is among the
  campuses in the state with the greatest difficulty in hiring or
  retaining classroom teachers, as determined by the commissioner; or
                     (F)  is determined by the district to meet
  specific local market needs;
               (2)  dedicate a percentage, as specified by the
  commissioner, of the district's total state and local funding under
  this chapter each year to classroom teacher compensation, with a
  portion of that amount, as specified by the commissioner, reserved
  for additional compensation provided in accordance with the
  district's strategic teacher compensation plan; and
               (3)  ensure that a classroom teacher does not receive
  less compensation than the amount provided to the teacher before
  implementation of the strategic teacher compensation system.
         (c)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 19.  Section 42.2513(a), Education Code, is amended
  to read as follows:
         (a)  A school district, including a school district that is
  otherwise ineligible for state aid under this chapter, is entitled
  to state aid in an amount equal to the sum of:
               (1)  the product of $500 multiplied by the number of
  full-time district employees, other than administrators or
  employees entitled [subject] to the minimum salary [schedule] under
  Section 21.402; and
               (2)  the product of $250 multiplied by the number of
  part-time district employees, other than administrators.
         SECTION 20.  Section 42.302(a), Education Code, is amended
  to read as follows:
         (a)  Each school district is guaranteed a specified amount
  per weighted student in state and local funds for each cent of tax
  effort over that required for the district's local fund assignment
  up to the maximum level specified in this subchapter.  The amount of
  state support, subject only to the maximum amount under Section
  42.303, is determined by the formula:
  GYA = (GL X WADA X DTR X 100) - LR
  where:
         "GYA" is the guaranteed yield amount of state funds to be
  allocated to the district;
         "GL" is the dollar amount guaranteed level of state and local
  funds per weighted student per cent of tax effort, which is an
  amount described by Subsection (a-1) or a greater amount for any
  year provided by appropriation;
         "WADA" is the number of students in weighted average daily
  attendance, which is calculated by dividing the sum of the school
  district's allotments under Subchapters B and C, less any allotment
  to the district for transportation, any allotment under Section
  42.158, [or] 42.160, or 42.161, and 50 percent of the adjustment
  under Section 42.102, by the basic allotment for the applicable
  year;
         "DTR" is the district enrichment tax rate of the school
  district, which is determined by subtracting the amounts specified
  by Subsection (b) from the total amount of maintenance and
  operations taxes collected by the school district for the
  applicable school year and dividing the difference by the quotient
  of the district's taxable value of property as determined under
  Subchapter M, Chapter 403, Government Code, or, if applicable,
  under Section 42.2521, divided by 100; and
         "LR" is the local revenue, which is determined by multiplying
  "DTR" by the quotient of the district's taxable value of property as
  determined under Subchapter M, Chapter 403, Government Code, or, if
  applicable, under Section 42.2521, divided by 100.
         SECTION 21.  Section 823.404(a), Government Code, is amended
  to read as follows:
         (a)  An eligible member may establish equivalent membership
  service credit for one or two years of work experience if the work
  experience was required for certification under Chapter 21,
  Education Code, in a career or technological field [for which the
  member is entitled to salary step credit under Section 21.403(b),
  Education Code].
         SECTION 22.  (a) Sections 21.402(c-1), (f), and (h) and
  21.403, Education Code, are repealed.
         (b)  Section 57.05, Chapter 4 (S.B. 1), Acts of the 82nd
  Legislature, 1st Called Session, 2011, which amended Section
  21.402, Education Code, effective September 1, 2017, by amending
  Subsection (a) and adding Subsection (e-1), is repealed.
         SECTION 23.  Not later than September 1, 2014, the Texas
  Education Agency, the State Board for Educator Certification, and
  the Texas Higher Education Coordinating Board shall jointly review
  existing standards that are applicable to educator preparation
  programs, including alternative educator certification programs,
  and develop and implement modifications necessary to reflect
  updated standards for the teaching profession.
         SECTION 24.  (a) Subject to the availability of funds
  appropriated for the purpose, the Texas Education Agency shall
  conduct a statewide survey of working conditions for public school
  teachers.
         (b)  The survey must seek information regarding factors that
  affect the quality of teacher working conditions, such as demands
  on a teacher's time during the school day and at other times, campus
  and district leadership, support for new teachers, professional
  development opportunities and requirements, opportunities for
  teacher leadership and collaboration, resources for teachers, and
  the adequacy of available facilities.
         (c)  In designing the survey, the agency shall:
               (1)  evaluate the teacher working conditions survey
  conducted in North Carolina and incorporate any elements in that
  survey that the agency considers appropriate for use in this state;
  and
               (2)  seek to produce a survey that can be used as a
  resource by a school district in improving the district's
  instructional environment and in evaluating and setting standards
  for principals and superintendents.
         (d)  A teacher may not be required to participate in the
  survey.
         (e)  To encourage the uninhibited participation of teachers:
               (1)  the survey must be designed to prevent the
  disclosure of the identity of a survey participant; and
               (2)  survey results may not be released to the public.
         (f)  The agency shall complete the survey not later than
  September 1, 2014.
         SECTION 25.  Section 21.402, Education Code, as amended by
  this Act, does not affect the entitlement of a person to a greater
  salary for the 2013-2014 school year or a subsequent school year
  under a contract entered into before the effective date of this Act.
         SECTION 26.  To the extent of any conflict, this Act prevails
  over another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 27.  This Act takes effect September 1, 2013.