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.