81R7898 CAE-D
By: Shapiro S.B. No. 2062
A BILL TO BE ENTITLED
AN ACT
relating to elimination of the awards for student achievement
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.415(a), Education Code, is amended to
read as follows:
(a) A school district shall provide in employment contracts
that qualifying employees may receive an incentive payment under an
awards program established under Subchapter [N or] O if the
district participates in the program.
SECTION 2. Section 21.703(a), Education Code, is amended to
read as follows:
(a) Each state fiscal year, the commissioner shall deposit
the sum of $1,000 multiplied by the number of classroom teachers in
this state to the credit of the educator excellence fund in the
general revenue fund. Each state fiscal year, the agency shall use
the[:
[(1) not more than $100 million of the funds in the
educator excellence fund to provide grant awards under the awards
for student achievement program established under Subchapter N; and
[(2) any remaining] funds in the educator excellence
fund to provide a qualifying school district a grant in an amount
determined by:
(1) [(A)] dividing the amount of [remaining] money
available for distribution in the educator excellence fund by the
total number of students in average daily attendance in qualifying
districts for that fiscal year; and
(2) [(B)] multiplying the amount determined under
Subdivision (1) [Paragraph (A)] by the number of students in
average daily attendance in the district.
SECTION 3. Section 21.706(a), Education Code, is amended to
read as follows:
(a) Using funds from the educator excellence fund created
under Section 21.703, the agency shall conduct or contract with
another entity to conduct a comprehensive evaluation of the [awards
for student achievement program established under Subchapter N and
the educator excellence awards] program [established under this
subchapter]. The evaluation must include:
(1) a descriptive analysis of the design and
implementation of the [awards for student achievement program and
the educator excellence awards] program at participating campuses
or school districts, including detailed descriptions of the models
and approaches used by the campuses or districts in distributing
incentive awards to classroom teachers;
(2) detailed information regarding the distribution
of incentive awards to classroom teachers under the [awards for
student achievement program and the educator excellence awards]
program, including the measurements used by the campuses or
districts in determining the amounts of incentive awards to
distribute to classroom teachers;
(3) a comprehensive, quantitative analysis of the
impact of the [awards for student achievement program and the
educator excellence awards] program at participating campuses or
districts, including the impact of the various incentive award
distribution models used by the campuses or districts on key
outcomes in the program [programs]; and
(4) a summary of the approaches used by participating
campuses or districts in distributing grant funds that are not
specifically designated for distribution as incentive awards for
classroom teachers and an assessment of whether those funds are
used effectively by the participating campuses or districts.
SECTION 4. Section 822.201(b), Government Code, is amended
to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125 of the Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e);
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
Section 21.410, 21.411, 21.412, or 21.413, Education Code;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659;
(8) a merit salary increase made under Section 51.962,
Education Code;
(9) amounts received under the relevant parts of the
[awards for student achievement program under Subchapter N, Chapter
21, Education Code, the] educator excellence awards program under
Subchapter O, Chapter 21, Education Code, or a mentoring program
under Section 21.458, Education Code, that authorize [authorized]
compensation for service; and
(10) salary amounts designated as health care
supplementation by an employee under Subchapter D, Chapter 22,
Education Code.
SECTION 5. The following provisions of the Education Code
are repealed:
(1) Subchapter N, Chapter 21; and
(2) Section 21.704(b).
SECTION 6. This Act takes effect September 1, 2009.