By: Patrick, Hancock, Seliger S.B. No. 1403

(In the Senate - Filed March 7, 2013; March 18, 2013, read first time and referred to Committee on Education; April 17, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 2; April 17, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1403 By: Patrick

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. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0441 to read as follows:

Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS. (a) Rules of the board proposed under this subchapter must provide that a person, other than a person seeking career and technology education certification, is not eligible for admission to an educator preparation program, including an alternative educator preparation program, unless the person:

(1) except as provided by Subsection (b), satisfies minimum grade point average requirements prescribed by the board, not to exceed the following:

(A) an overall grade point average of at least 2.75 on a four-point scale or the equivalent on any course work previously attempted at a public or private institution of higher education; or

(B) a grade point average of at least 2.75 on a four-point scale or the equivalent for the last 60 semester credit hours attempted at a public or private institution of higher education; and

(2) if the person is seeking initial certification:

(A) has successfully completed at least 15 semester credit hours in the subject-specific content area in which the person is seeking certification;

(B) has successfully completed at least 12 semester credit hours in the subject-specific content area in which the person is seeking certification, provided that the person is required to comply with the subsequent professional development requirements prescribed by Subsection (c); or

(C) has achieved a satisfactory level of performance on a content certification examination, which may be a content certification examination administered by a vendor approved by the commissioner for purposes of administering such an examination for the year for which the person is applying for admission to the program.

(b) The board's rules must permit an educator preparation program to admit in extraordinary circumstances a person who fails to satisfy a grade point average requirement prescribed by Subsection (a)(1)(A) or (B), provided that:

(1) not more than 10 percent of the total number of persons admitted to the program in a year fail to satisfy the requirement under Subsection (a)(1)(A) or (B); and

(2) for each person admitted as described by this subsection, the director of the program determines and certifies, based on documentation provided by the person, that the person's work, business, or career experience demonstrates achievement comparable to the academic achievement represented by the grade point average requirement.

(c) A person whose eligibility for admission to an educator preparation program is based on compliance with Subsection (a)(2)(B) shall, not later than the first anniversary of the date of the person's certification, complete three hours of professional development relevant to the subject area in which the person is certified. The professional development required by this subsection is in addition to any other requirements or professional development prescribed by the board or the school district employing the person.

SECTION 3. 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 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), (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) Appraisal [Except as otherwise provided by this subsection, appraisal] must be done at least once during each school year. [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. 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 annual appraisal, 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.

(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. Section 21.402, Education Code, is amended by adding Subsections (j) and (k) to read as follows:

(j) Using only available funds and resources from public or private sources, each year the agency, in consultation with the Teacher Retirement System of Texas, shall collect information from school districts regarding salaries paid to employees entitled to the minimum salary specified in this section. 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.

(k) Using only available funds and resources from public or private sources, 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.

SECTION 7. Subchapter I, Chapter 21, Education Code, is amended by adding Section 21.419 to read as follows:

Sec. 21.419. ANNUAL TEACHER WORKING CONDITIONS SURVEY. (a) Using only available funds and resources from public or private sources, each year the 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, the survey must be designed to prevent the disclosure of the identity of a survey participant.

(f) The agency shall release aggregate results of the survey to the public.

(g) The agency shall complete the initial survey not later than September 1, 2014. This subsection expires January 1, 2015.

SECTION 8. 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) Using only available funds and resources from public or private sources, 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 (a) 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 9. 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 10. 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 11. 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 12. This Act takes effect September 1, 2013.

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