| 1 | 1 | | 82R25100 PAM-F |
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| 2 | 2 | | By: Huberty, Creighton, Eissler, Pitts, H.B. No. 2923 |
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| 3 | 3 | | Geren, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 2923: |
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| 5 | 5 | | By: Pitts C.S.H.B. No. 2923 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to state control of teacher appraisal criteria, curriculum |
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| 11 | 11 | | standards, and assessment instruments. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 21.351(a), Education Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) The commissioner shall adopt a recommended appraisal |
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| 16 | 16 | | process and criteria on which to appraise the performance of |
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| 17 | 17 | | teachers. The commissioner may not adopt or develop a recommended |
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| 18 | 18 | | appraisal process and criteria based on any federally enacted or |
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| 19 | 19 | | nationally applicable appraisal criteria incorporating the results |
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| 20 | 20 | | of student performance on assessment instruments. The criteria |
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| 21 | 21 | | must be based on observable, job-related behavior, including: |
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| 22 | 22 | | (1) teachers' implementation of discipline management |
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| 23 | 23 | | procedures; and |
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| 24 | 24 | | (2) the performance of teachers' students. |
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| 25 | 25 | | SECTION 2. Section 28.002, Education Code, is amended by |
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| 26 | 26 | | adding Subsections (b-1), (b-2), (b-3), and (b-4) to read as |
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| 27 | 27 | | follows: |
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| 28 | 28 | | (b-1) In this section, "national curriculum standards" |
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| 29 | 29 | | includes any curriculum standards endorsed, approved, sanctioned, |
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| 30 | 30 | | or promoted by the United States Department of Education, the |
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| 31 | 31 | | National Governors Association, or the Council of Chief State |
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| 32 | 32 | | School Officers. |
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| 33 | 33 | | (b-2) The State Board of Education may not adopt national |
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| 34 | 34 | | curriculum standards to comply with a duty imposed under this |
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| 35 | 35 | | chapter. |
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| 36 | 36 | | (b-3) A school district may not use national curriculum |
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| 37 | 37 | | standards to comply with the requirement to provide instruction in |
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| 38 | 38 | | the essential knowledge and skills at appropriate grade levels |
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| 39 | 39 | | under Subsection (c). |
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| 40 | 40 | | (b-4) Notwithstanding any other provision of this code, a |
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| 41 | 41 | | school district or open-enrollment charter school may not be |
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| 42 | 42 | | required to offer any aspect of a national curriculum. |
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| 43 | 43 | | SECTION 3. Section 39.023, Education Code, is amended by |
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| 44 | 44 | | adding Subsection (a-2) to read as follows: |
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| 45 | 45 | | (a-2) The agency may not adopt or develop a |
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| 46 | 46 | | criterion-referenced assessment instrument under this section |
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| 47 | 47 | | based on national curriculum standards as defined by Section |
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| 48 | 48 | | 28.002(b-1). |
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| 49 | 49 | | SECTION 4. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2011. |
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