82R12360 CAE-D
By: Shapiro S.B. No. 4
A BILL TO BE ENTITLED
AN ACT
relating to certification, performance, continuing education, and
appraisal of public school teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.041(b), Education Code, is amended to
read as follows:
(b) The board shall propose rules that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including provisional, standard, and emergency
certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(8) provide for the adoption, amendment, and
enforcement of an educator's code of ethics; and
(9) provide for continuing education requirements[;
and
[(10) provide for certification of persons performing
appraisals under Subchapter H].
SECTION 2. Section 21.048, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In proposing rules under Subsection (a), the board
shall prescribe a science of reading component for the
comprehensive examination administered to a person applying for
certification to teach early childhood through grade four.
SECTION 3. Section 21.050, Education Code, is amended by
adding Subsections (b-1) and (b-2) to read as follows:
(b-1) In addition to the requirements prescribed by
Subsection (a) and any requirements prescribed under Subsection
(b), the board shall require a person who applies for certification
to teach early childhood through grade four or English as a second
language in early childhood through grade four to obtain at least 24
semester credit hours in the following subject areas:
(1) English language arts;
(2) mathematics;
(3) science; or
(4) social studies.
(b-2) In completing the minimum semester credit hours
required by Subsection (b-1), a person must complete not less than
15 of the semester credit hours in a single subject area listed in
that subsection.
SECTION 4. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0521 and 21.0522 to read as follows:
Sec. 21.0521. PROVISIONAL CERTIFICATE. (a) The board
shall issue a provisional certificate to a person who has not
previously been certified as an educator in this state and who has:
(1) successfully completed an educator preparation
program;
(2) performed satisfactorily on the certification
examination required by Section 21.048; and
(3) completed all other requirements for educator
certification.
(b) A provisional certificate issued under this section:
(1) expires on the third anniversary of the date on
which the certificate was issued; and
(2) is not renewable.
Sec. 21.0522. STANDARD CERTIFICATE. (a) On the expiration
of a person's provisional certificate, the board shall issue a
standard certificate to the person if the person has:
(1) demonstrated that the person is an effective
educator; and
(2) completed all required continuing education
hours.
(b) Notwithstanding Section 21.355, to assist the board in
determining whether a person is an effective educator, the person
applying for a standard certificate must submit to the board a copy
of all educator appraisals of the person. The board shall take
appropriate measures to maintain the confidentiality of the
appraisals.
(c) The commissioner shall adopt rules to establish
criteria for determining whether a person is an effective educator
for purposes of this section.
SECTION 5. Section 21.054, Education Code, is amended by
adding Subsection (b) to read as follows:
(b) The board shall implement an evaluation and
accountability system for continuing education courses offered in
the state and monitor the quality of all continuing education
courses.
SECTION 6. Section 21.351, Education Code, is amended by
adding Subsections (a-1) and (e) to read as follows:
(a-1) The recommended appraisal process must provide that
at least 50 percent of the appraisal is based on a measurement of
the teacher's effectiveness and the annual improvement of the
teacher's students' achievement as follows:
(1) the recommended appraisal process of a teacher
with primary instructional responsibilities in a subject and grade
for which an assessment instrument is administered under Subchapter
B, Chapter 39, must provide that the 50 percent measurement is based
on standardized achievement data of the teacher's students,
including the assessment instruments administered under Section
39.023; and
(2) the recommended appraisal process of a teacher not
appraised under Subdivision (1) must provide that the 50 percent
measurement is based on objective criteria.
(e) A teacher must be evaluated at least twice during each
school year.
SECTION 7. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.3521 to read as follows:
Sec. 21.3521. INDIVIDUALIZED PROFESSIONAL DEVELOPMENT
PLAN. (a) On the conclusion of a teacher's appraisal, the
principal of the school at which the teacher is employed shall
prepare an individualized professional development plan for the
teacher. The plan must include continuing education requirements
for the teacher and must be linked to:
(1) any areas identified in the teacher's appraisal as
needing improvement;
(2) any areas identified by the teacher as appropriate
for achievement of specific professional goals; and
(3) the subject area taught by the teacher.
(b) The principal must provide opportunities for the
teacher to achieve the requirements and goals included in the
teacher's individualized professional development plan prepared
under Subsection (a).
SECTION 8. Section 21.355, Education Code, is amended to
read as follows:
Sec. 21.355. CONFIDENTIALITY. Except as provided by
Section 21.0522, a [A] document evaluating the performance of a
teacher or administrator is confidential.
SECTION 9. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.358 to read as follows:
Sec. 21.358. QUALIFICATIONS OF APPRAISERS. (a) The
commissioner shall review and assess the qualifications of
administrators and teachers who perform appraisals.
(b) The commissioner shall adopt rules regarding the
minimum qualifications necessary for a person who conducts teacher
appraisals. The rules must require that the appraiser be highly
qualified to assess instructional quality and demonstrate
instructional leadership.
SECTION 10. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.4581 to read as follows:
Sec. 21.4581. LEADERSHIP PROGRAM. The commissioner shall
create specialized mid-management certificates in teacher
leadership for qualified teachers who have demonstrated
effectiveness as a teacher under criteria determined by
commissioner rule.
SECTION 11. (a) Sections 21.050(b-1) and (b-2), Education
Code, as added by this Act, apply to a person who applies for a
certificate to teach early childhood through grade four or English
as a second language in early childhood through grade four, on or
after May 1, 2014. A person who applies for a certificate to teach
early childhood through grade four or English as a second language
in early childhood through grade four, before May 1, 2014, is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
(b) Sections 21.0521 and 21.0522, Education Code, as added
by this Act, apply to a person who has never been certified to teach
in this state who applies for certification on or after the
effective date of this Act. A person who has never been certified
to teach in this state who applies for certification before the
effective date of this Act or a person who is certified to teach in
Texas on the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
(c) Not later than January 1, 2012, the State Board for
Educator Certification shall propose rules as required by this Act.
SECTION 12. This Act takes effect September 1, 2011.