84R10337 CAE-F
	By: Farney	H.B. No. 2543

	A BILL TO BE ENTITLED
	AN ACT
	relating to public school teacher performance appraisals,
	continuing education, professional development, career
	advancement, and compensation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 21, Education Code, is
	amended by adding Section 21.009 to read as follows:
	Sec. 21.009.  TEACHER DEVELOPMENT FRAMEWORK. (a)  The
	commissioner by rule shall adopt a teacher development framework to
	be used by a school district in making decisions regarding
	teachers, including decisions related to:
	(1)  appraisals of performance;
	(2)  professional development opportunities;
	(3)  career advancement; and
	(4)  compensation.
	(b)  The teacher development framework must require that
	decisions regarding a teacher's professional development
	opportunities, career advancement, and compensation include the
	teacher's appraisal as a substantial factor. Decisions regarding
	career advancement for a teacher must be based on consecutive
	appraisals of the teacher from at least two consecutive years, if
	available.
	(c)  The commissioner shall:
	(1)  review school district practices under the teacher
	development framework, including the use of objective measures of
	teaching performance; and
	(2)  review and revise the teacher development
	framework at least once every five years after soliciting and
	considering the advice of teachers and other stakeholders.
	SECTION 2.  Section 21.054, Education Code, is amended by
	amending Subsection (a) and adding Subsections (a-1) and (d-1) to
	read as follows:
	(a)  The board shall propose rules establishing processes [a
	process] for:
	(1)  identifying continuing education courses and
	programs that fulfill educators' continuing education
	requirements; and
	(2)  enabling an educator to provide feedback to the
	board regarding a course or program completed by the educator.
	(a-1)  The feedback received by the board regarding a
	continuing education course or program completed by an educator
	must be accessible to the public.
	(d-1)  Continuing education requirements for a classroom
	teacher must provide that a significant percentage of the training
	required every five years includes instruction designed to advance
	any knowledge and skill identified in the teacher's appraisal as
	needing improvement.
	SECTION 3.  Section 21.203(a), Education Code, is amended to
	read as follows:
	(a)  The [Except as provided by Section 21.352(c), the]
	employment policies adopted by a board of trustees must require a
	written evaluation of each teacher at annual or more frequent
	intervals. The board must consider the most recent evaluations
	before making a decision not to renew a teacher's contract if the
	evaluations are relevant to the reason for the board's action.
	SECTION 4.  Section 21.351, Education Code, is amended by
	amending Subsections (a), (b), and (d) and adding Subsection (a-1)
	to read as follows:
	(a)  The commissioner shall adopt a recommended appraisal
	process and criteria on which to appraise the performance of
	teachers. The criteria must be based on objective measures of a
	teacher's performance [observable, job-related behavior],
	including:
	(1)  the teacher's [teachers'] implementation of
	discipline management procedures; [and]
	(2)  the academic performance of the teacher's
	students;
	(3)  teaching standards that articulate expected
	teacher knowledge, understanding, skill, and practice to ensure
	student educational growth;
	(4)  data indicating the teaching and learning
	conditions at the teacher's school;
	(5)  classroom observations; and
	(6)  data related to the teacher's efforts, both
	individually and as part of collaborative settings, to improve the
	teacher's professional performance, as evident in the teacher's
	level of professional engagement and growth [the performance of
	teachers' students].
	(a-1)  In adopting criteria relating to the academic
	performance of a teacher's students as required by Subsection
	(a)(2), the commissioner shall include objective measures of
	student educational growth.
	(b)  The commissioner shall solicit and consider the advice
	of teachers and other stakeholders in developing the recommended
	appraisal process and performance criteria.
	(d)  Under 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 improvement and
	professional development [remediation] needed in overall
	performance and by category.
	SECTION 5.  Sections 21.352(a) and (c), Education Code, are
	amended to read as follows:
	(a)  In appraising teachers, each school district shall use:
	(1)  the appraisal process and performance criteria
	developed by the commissioner, in conformity with:
	(A)  the teacher development framework described
	by Section 21.009; and
	(B)  the measures described by Section 21.351(a);
	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 items described by Section
	[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 or electronic 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.
	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.  Section 21.402(a), Education Code, as effective
	until September 1, 2017, is amended to read as follows:
	(a)  Except as provided by Subsection (f), a school district
	must pay each [classroom teacher,] full-time librarian, full-time
	school counselor certified under Subchapter B, or full-time school
	nurse not less than 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).
	SECTION 8.  Section 21.402(a), Education Code, as effective
	September 1, 2017, is amended to read as follows:
	(a)  Except as provided by Subsection (e-1) or (f), a school
	district must pay each [classroom teacher,] full-time librarian,
	full-time school counselor certified under Subchapter B, or
	full-time school nurse not less than 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).
	SECTION 9.  Section 21.402, Education Code, is amended by
	adding Subsection (a-1) and amending Subsections (c-1), (f), and
	(h) to read as follows:
	(a-1)  Each school district shall pay a minimum monthly
	salary to each classroom teacher that is not less than $2,754.  A
	district may pay a higher monthly salary based on criteria that are
	consistent with the teacher development framework adopted by the
	commissioner under Section 21.009.
	(c-1)  Notwithstanding Subsections (a) and (b), each school
	district shall pay a monthly salary to each [classroom teacher,]
	full-time speech pathologist, full-time librarian, full-time
	school counselor certified under Subchapter B, and full-time school
	nurse that is at least equal to the following monthly salary or the
	monthly salary determined by the commissioner under Subsections (a)
	and (b), whichever is greater:
	Years of Monthly
	Experience Salary
	0 2,732
	1 2,791
	2 2,849
	3 2,908
	4 3,032
	5 3,156
	6 3,280
	7 3,395
	8 3,504
	9 3,607
	10 3,704
	11 3,796
	12 3,884
	13 3,965
	14 4,043
	15 4,116
	16 4,186
	17 4,251
	18 4,313
	19 4,372
	20 & Over 4,427
	(f)  Notwithstanding Subsection (a), a [teacher or]
	librarian who received a career ladder supplement on August 31,
	1993, is entitled to at least the same gross monthly salary the
	[teacher or] librarian received for the 1994-1995 school year as
	long as the [teacher or] librarian is employed by the same district.
	(h)  In this section, "gross monthly salary" must include the
	amount a [teacher or] librarian received that represented a career
	ladder salary supplement under Section 16.057, as that section
	existed January 1, 1993.
	SECTION 10.  Sections 21.403(a), (c), and (d), Education
	Code, are amended to read as follows:
	(a)  A [teacher,] librarian, school counselor, or nurse
	shall advance one step on the minimum salary schedule under Section
	21.402 for each year of experience as a [teacher,] librarian,
	school counselor, or nurse until step 20 is reached.
	(c)  The commissioner shall adopt rules for determining the
	experience for which a [teacher,] librarian, school counselor, or
	nurse is to be given credit in placing the [teacher,] librarian,
	school counselor, or nurse on the minimum salary schedule. A
	district shall credit the [teacher,] librarian, school counselor,
	or nurse for each year of experience without regard to whether the
	years are consecutive.
	(d)  As long as a [teacher or] librarian who received a
	career ladder supplement is employed by the same school district,
	the [teacher or] librarian is entitled to:
	(1)  placement on the minimum salary schedule at the
	step above the step on which the librarian [teacher] would
	otherwise be placed, if the [teacher or] librarian received a
	career ladder supplement for level two of the career ladder on
	August 31, 1993; or
	(2)  placement on the minimum salary schedule at the
	step two steps above the step on which the librarian [teacher] would
	otherwise be placed, if the [teacher or] librarian received a
	career ladder supplement for level three of the career ladder on
	August 31, 1993.
	SECTION 11.  Section 21.4031(a)(2), Education Code, is
	amended to read as follows:
	(2)  "Service record" means a school district document
	that indicates the total years of service provided to the district
	by a [classroom teacher,] librarian, school counselor, or nurse.
	SECTION 12.  Section 21.4031(b), Education Code, is amended
	to read as follows:
	(b)  On request by a [classroom teacher,] librarian, school
	counselor, or nurse or by the school district employing one of those
	individuals, a school district that previously employed the
	individual shall provide a copy of the individual's service record
	to the school district employing the individual.  The district must
	provide the copy not later than the 30th day after the later of:
	(1)  the date the request is made; or
	(2)  the date of the last day of the individual's
	service to the district.
	SECTION 13.  The heading to Subchapter J, Chapter 21,
	Education Code, is amended to read as follows:
	SUBCHAPTER J.  EDUCATOR PROFESSIONAL [STAFF] DEVELOPMENT AND
	TRAINING
	SECTION 14.  The heading to Section 21.451, Education Code,
	is amended to read as follows:
	Sec. 21.451.  EDUCATOR PROFESSIONAL [STAFF] DEVELOPMENT AND
	TRAINING REQUIREMENTS.
	SECTION 15.  Sections 21.451(a), (b), (c), (d), and (g),
	Education Code, are amended to read as follows:
	(a)  The professional [staff] development opportunities, not
	including the training described by Subsection (c), provided by a
	school district to an educator other than a principal must [be]:
	(1)  be designed to increase the effectiveness of
	classroom instruction and improve student achievement;
	(2)  be conducted in accordance with standards
	developed by the district;
	(3)  enable an educator to advance knowledge and skills
	identified as needing improvement in the educator's appraisal;
	(4)  include a range of instructional formats,
	including intensive and sustained in-class coaching, collaborative
	learning, and blended learning;
	(5)  enable an educator to select the content and
	format of the educator's professional development opportunities;
	and
	(6)  be [(2)] designed to improve education in the
	district.
	(b)  The professional [staff] development described by
	Subsection (a) must include opportunities that address:
	(1)  [be predominantly] campus-based performance
	objectives; and
	(2)  performance objectives of individual educators
	established as part of educator appraisals [, related to achieving
	campus performance objectives established under Section 11.253,
	and developed and approved by the campus-level committee
	established under Section 11.251].
	(c)  For professional [staff] development under Subsection
	(a), a school district may use district-wide training [staff
	development] developed and approved through the district-level
	decision process under Section 11.251, provided that training
	developed under this subsection does not represent the majority of
	the district's professional development opportunities.
	(d)  The training described by Subsection (c) [staff
	development]:
	(1)  may include training in:
	(A)  technology;
	(B)  conflict resolution;
	(C)  discipline strategies, including classroom
	management, district discipline policies, and the student code of
	conduct adopted under Section 37.001, and Chapter 37; and
	(D)  preventing, identifying, responding to, and
	reporting incidents of bullying; and
	(2)  subject to Subsection (e) and to Section 21.3541
	and rules adopted under that section, must include training based
	on scientifically based research, as defined by Section 9101, No
	Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that:
	(A)  relates to instruction of students with
	disabilities; and
	(B)  is designed for educators who work primarily
	outside the area of special education.
	(g)  The professional [staff] development may include
	instruction as to what is permissible under law, including opinions
	of the United States Supreme Court, regarding prayer in public
	school.
	SECTION 16.  Sections 21.4511(a) and (b), Education Code,
	are amended to read as follows:
	(a)  From funds appropriated for that purpose in an amount
	not to exceed $2.5 million each year, the commissioner may develop
	and award grants to school districts, regional education service
	centers, nonprofit organizations, and institutions of higher
	education for establishing and providing technical assistance and
	professional development activities in the professional [staff]
	development [training] of public school teachers and
	administrators.
	(b)  The professional development [training] under this
	section shall include professional development [training] relating
	to implementing curriculum and instruction that is aligned with the
	foundation curriculum described by Section 28.002(a)(1) and
	standards and expectations for college readiness, as determined by
	State Board of Education rule under Section 28.008(d).
	SECTION 17.  The heading to Section 21.453, Education Code,
	is amended to read as follows:
	Sec. 21.453.  PROFESSIONAL [STAFF] DEVELOPMENT ACCOUNT.
	SECTION 18.  Sections 21.453(a) and (b), Education Code, are
	amended to read as follows:
	(a)  The professional [staff] development account is an
	account in the general revenue fund. The account consists of gifts,
	grants, donations, appropriations for the purpose of professional
	[staff] development under this subchapter, and any other money
	transferred by law to the account. Funds in the account may be used
	only as provided by this section.
	(b)  The commissioner may allocate funds from the account to
	regional education service centers to provide professional [staff]
	development resources to school districts that:
	(1)  are rated academically unacceptable;
	(2)  have one or more campuses rated as academically
	unacceptable; or
	(3)  are otherwise in need of assistance as indicated
	by the academic performance of students, as determined by the
	commissioner.
	SECTION 19.  Section 21.7061(a), Education Code, is amended
	to read as follows:
	(a)  Notwithstanding any other provision of this code and
	subject to Subsection (b), a school district may apply to the
	commissioner in writing in accordance with commissioner rule for a
	waiver to exempt the district or one or more district campuses from
	Section 21.352(a)(2) [21.352(a)(2)(B)], 21.353, 21.354(d),
	21.3541(g), 21.451, or 21.458, as specified in the waiver
	application.  The district's application for a waiver under this
	section must demonstrate that the waiver is necessary to carry out
	purposes of the program as described by Section 21.7011, in
	accordance with the district's local educator excellence
	innovation plan.
	SECTION 20.  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 a [the] minimum salary [schedule] under Section
	21.402, an amount at least equal to $500.
	SECTION 21.  Section 38.0041(f), Education Code, is amended
	to read as follows:
	(f)  The training under Subsection (c) may be included in
	professional [staff] development and training under Section
	21.451.
	SECTION 22.  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 a [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 23.  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 24.  Subchapter E, Chapter 825, Government Code, is
	amended by adding Section 825.4051 to read as follows:
	Sec. 825.4051.  MAINTENANCE OF STATE CONTRIBUTION. (a)  The
	board of trustees shall adopt and maintain a schedule based on the
	minimum salary schedule for certain professional staff under
	Section 21.402, Education Code, as that section existed on January
	1, 2015, for the purposes of calculating the required state
	contribution for retirement benefits for classroom teachers under
	this subtitle.
	(b)  Notwithstanding Section 825.405, an employing school
	district is required to pay the state's contribution only on the
	portion of a classroom teacher's salary that exceeds the schedule
	described by Subsection (a).
	(c)  Each biennium, the retirement system, in consultation
	with the Legislative Budget Board, shall undertake a study of labor
	market conditions among public school educators for the purpose of
	recommending updates to the schedule described by Subsection (a).
	The board of trustees shall provide the results of this study and
	any accompanying recommendations to the Legislative Budget Board
	and the comptroller not later than December 1 of each even-numbered
	year.
	(d)  The board of trustees may adopt rules to implement this
	section.
	SECTION 25.  Sections 21.352(b) and 21.403(b), Education
	Code, are repealed.
	SECTION 26.  This Act applies beginning with the 2016-2017
	school year.
	SECTION 27.  (a)  Sections 21.402, 21.403, 21.4031, and
	42.2513, Education Code, as amended by this Act, take effect
	September 1, 2016.
	(b)  Section 823.404(a), Government Code, as amended by this
	Act, and Section 825.4051, Government Code, as added by this Act,
	take effect September 1, 2016.
	(c)  Except as provided by Subsections (a) and (b) of this
	section, this Act takes effect immediately if it receives a vote of
	two-thirds of all the members elected to each house, as provided by
	Section 39, Article III, Texas Constitution.  If this Act does not
	receive the vote necessary for immediate effect, this Act takes
	effect September 1, 2015.