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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of teacher performance contracts for |
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classroom teachers and an increased basic allotment for school |
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districts that adopt those contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Education Code, is amended by adding |
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Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. TEACHER PERFORMANCE CONTRACTS |
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Sec. 21.371. TEACHER PERFORMANCE CONTRACTS. (a) A school |
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district may adopt teacher performance contracts under this |
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subchapter for use in the district for the purpose of providing |
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specific guidance to classroom teachers on improving performance. |
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(b) A district that adopts teacher performance contracts |
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under this subchapter must use a teacher performance contract |
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evaluation system described by Section 21.372. |
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(c) A teacher performance contract under this subchapter is |
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a supplemental agreement between the district and teacher and does |
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not affect the requirements under this chapter to employ a teacher |
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under a probationary, continuing, or term contract. |
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Sec. 21.372. TEACHER PERFORMANCE CONTRACT EVALUATION |
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SYSTEM. (a) A teacher performance contract evaluation system |
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consists of an appraisal process and performance criteria adopted |
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in accordance with Section 21.352(a)(2) that include evaluation |
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based on: |
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(1) observation of the teacher's performance; |
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(2) student achievement results, as measured by |
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student growth and performance on multiple tests and school growth |
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and performance on state assessment instruments administered under |
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Section 39.023; and |
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(3) research-based, age-appropriate surveys |
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administered to students about the teacher's performance. |
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(b) The evaluation system described by this section must |
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provide that a classroom teacher's performance on each criteria |
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listed in Subsection (a)(1), (2), or (3) is weighted not less than |
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15 percent of the teacher's appraisal. |
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(c) The evaluation system described by this section must |
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provide not fewer than eight performance levels to which a |
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classroom teacher may be assigned based on the teacher's appraisal. |
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Sec. 21.373. ADDITIONAL COMPENSATION BASED ON APPRAISAL |
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PERFORMANCE LEVEL. (a) A teacher performance contract must |
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provide for additional compensation for a classroom teacher |
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assigned a performance level under the evaluation system described |
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by Section 21.372 that indicates the teacher's performance exceeds |
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the performance expected at the teacher's level of experience. |
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(b) The contract must ensure that the salary of a teacher |
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described by Subsection (a) exceeds the compensation the teacher is |
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entitled to under the minimum salary schedule provided by Section |
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21.402. |
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Sec. 21.374. CERTAIN EMPLOYMENT RENEWAL PROHIBITED. (a) A |
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school district that adopts teacher performance contracts under |
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this subchapter may not renew the employment contract of a |
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classroom teacher employed under a probationary contract who is |
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assigned the minimum performance level based on the teacher's |
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appraisal for the school year, except as otherwise provided by |
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Subsection (b). |
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(b) The board of trustees of a school district may take |
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specific action to renew the employment of a teacher who is employed |
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under a probationary contract and is assigned the minimum |
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performance level based on the teacher's appraisal for the school |
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year. |
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Sec. 21.375. COMMISSIONER APPROVAL. The commissioner shall |
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approve a school district for purposes of the adjustment in the |
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district's basic allotment provided by Section 42.101(d) if the |
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commissioner determines that: |
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(1) the district has met the requirements for teacher |
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performance contracts provided by this subchapter; and |
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(2) the teacher performance contracts adopted by the |
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district satisfy any commissioner rules adopted to ensure that |
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teacher performance contracts are likely to improve the district's: |
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(A) recruitment of effective classroom teachers; |
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(B) retention of effective classroom teachers; |
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and |
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(C) student performance. |
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Sec. 21.376. RULES. The commissioner may adopt rules to |
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implement this subchapter. |
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SECTION 2. Section 42.101, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notwithstanding any other provision of this section, |
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for a school district that adopts teacher performance contracts |
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under Subchapter H-1, Chapter 21, and receives commissioner |
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approval under Section 21.375, the basic allotment to which the |
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district would otherwise be entitled under this section is |
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increased by the amount that results from the following formula: |
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I = $50 X (PCE/TE) |
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where: |
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"I" is the amount by which the district's basic allotment is |
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increased under this subsection; |
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"PCE" is the number of classroom teachers employed by the |
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district that have entered a teacher performance contract with the |
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district; and |
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"TE" is the total number of classroom teachers employed by |
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the district. |
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SECTION 3. This Act applies beginning with the 2018-2019 |
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school year. |
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SECTION 4. This Act takes effect December 1, 2017. |