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  By: Seliger, Campbell S.B. No. 893
 
 
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
  that may 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 appoint a committee composed of
  educators and other stakeholders to assist the commissioner in
  reviewing and revising the teacher development framework at least
  once every five years.
         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 policies adopted by the board may include the use of
  peer-to-peer review and other measures involving the participation
  of teachers in the evaluation process.  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 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 in academics;
               (4)  classroom observations; and
               (5)  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 measures of student
  educational growth based on academics.  The measures of student
  educational growth adopted by the commissioner under this
  subsection may not be limited to examining the performance of the
  teacher's students on assessment instruments required under
  Section 39.023 but must include other 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.  Section 21.352, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (g) 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.
         (g)  The commissioner shall develop a training course to
  assist and provide support to school administrators in successfully
  implementing teacher appraisal processes under this section.
         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 after considering criteria
  included in the teacher development framework adopted by the
  commissioner under Section 21.009 or included in a locally
  developed framework.
         (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 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 20.  Sections 28.053(a), (d), and (e), Education
  Code, are amended to read as follows:
         (a)  A school participating in the program may be awarded[:
               [(1)]  a one-time $3,000 equipment grant for providing
  a college advanced placement course or international baccalaureate
  course to be paid to a school based on need as determined by the
  commissioner[; and
               [(2)     $100 for each student who scores a three or better
  on a college advanced placement test or four or better on an
  international baccalaureate examination].
         (d)  A teacher participating in the program may be awarded:
               (1)  subsidized teacher training, not to exceed $450
  for each teacher, for a college advanced placement course or an
  international baccalaureate course; and
               (2)  $50 for each student enrolled in the teacher's
  college advanced placement or international baccalaureate course
  who scores a three or better on the college advanced placement test
  or four or better on the international baccalaureate examination,
  as applicable, not to exceed a total amount of $2,000 each year [a
  one-time award of $250 for teaching a college advanced placement
  course or an international baccalaureate course for the first time;
  and
               [(3)     a share of the teacher bonus pool, which shall be
  distributed by the teacher's school in shares proportional to the
  number of courses taught].
         (e)  To be eligible for an award under Subsection (d)(2)
  [(d)], a teacher must teach a college advanced placement course or
  an international baccalaureate course at a school with a student
  enrollment in which at least 50 percent of the students are
  educationally disadvantaged.
         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 one year of equivalent
  membership service credit for each year [one or two years] of work
  experience that was required for the member's certification under
  Chapter 21, Education Code, in a career or technological field for a
  maximum of two years [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(c-1), Education Code, as that subsection existed on
  January 1, 2015, for the purposes of calculating the required state
  contribution for retirement benefits for classroom teachers under
  this subtitle.
         (b)  The board of trustees may adopt rules to implement this
  section.
         SECTION 25.  (a)  Sections 21.352(b) and 28.053(b), (c),
  (f), and (g), Education Code, are repealed.
         (b)  Effective September 1, 2016, Section 21.403(b),
  Education Code, is repealed.
         SECTION 26.  (a)  Except as provided by Subsection (b) of
  this section, this Act applies beginning with the 2016-2017 school
  year.
         (b)  Section 28.053, Education Code, as amended by this Act,
  applies beginning with the 2015-2016 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 otherwise provided by this Act, 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, except as otherwise
  provided, takes effect September 1, 2015.