82R29992 CAE-D
By: Shapiro S.B. No. 4
(Eissler)
Substitute the following for S.B. No. 4: No.
A BILL TO BE ENTITLED
AN ACT
relating to certification, continuing education, and appraisal of
public school teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 comprehensive examination administered to a
person applying for certification to teach early childhood through
grade four or English as a second language in early childhood
through grade four that includes components in reading, language
arts, science, social studies, and mathematics. The reading
component must include material covering the science of reading.
The proposed rules must provide for scoring the examination based
on a cumulative score in addition to an individual score for each
component area listed in this subsection. The proposed rules must
provide a minimum scoring standard that demonstrates satisfactory
performance and content mastery for the cumulative score and each
component area. The minimum scoring standard proposed by the board
for the cumulative score must be greater than the total of the
proposed minimum scoring standard for each component area.
SECTION 2. Section 21.054, Education Code, is amended by
adding Subsection (b) to read as follows:
(b) The board shall implement an appraisal and
accountability system for continuing education courses offered in
this state and monitor the quality of all continuing education
courses.
SECTION 3. Section 21.351, Education Code, is amended to
read as follows:
Sec. 21.351. RECOMMENDED APPRAISAL PROCESS AND PERFORMANCE
CRITERIA. (a) The commissioner shall adopt a recommended
appraisal process and criteria on which to appraise the performance
of teachers. The process adopted must provide for basing a
significant portion of the appraisal on the teacher's student
learning objectives and outcomes, which must include student
performance on assessment instruments administered under Section
39.023 and other student learning objectives and outcomes. The
performance of a teacher's students on assessment instruments
required under Subchapter B, Chapter 39, may not be the primary
indicator for determining teacher effectiveness. The recommended
appraisal process must provide a method for determining the
effectiveness of teachers who do not teach a subject in which
assessment instruments under Subchapter B, Chapter 39, are
administered. [The criteria must be based on observable,
job-related behavior, including:
[(1) teachers' implementation of discipline
management procedures; and
[(2) the performance of teachers' students.]
(b) The commissioner shall solicit and consider the advice
of teachers, administrative leaders, education experts, and
parents of students in developing the recommended appraisal process
and performance criteria.
(c) Under the recommended appraisal process, an appraiser
must be the teacher's supervisor or a person approved by the board
of trustees and be monitored as necessary to ensure fairness,
thoroughness, and accuracy of the system. An appraiser who is a
classroom teacher may not appraise the performance of another
classroom teacher who teaches at the same school campus at which the
appraiser teaches, unless it is impractical because of the number
of campuses or unless the appraiser is the chair of a department or
grade level whose job description includes classroom observation
responsibilities.
(d) The recommended appraisal process for teachers must
provide that:
(1) a teacher be appraised at least once each school
year;
(2) consistent and clear expectations regarding
teacher performance be communicated to the teacher at least once
each year;
(3) a self-evaluation be completed by the teacher and
be considered by the appraiser before the teacher's appraisal is
complete; and
(4) a teacher's overall performance, based on the
appraisal, be assigned one of five ratings, as applicable, though a
greater number of separate ratings may be used to detail
performance under each [Under the recommended appraisal process,
appraisal for teachers must be detailed by] category of
professional skill and characteristic appraised as part of the
appraisal of the teacher's overall performance [and must provide
for separate ratings for each category].
(e) The recommended appraisal process for teachers must
[shall] guarantee that a conference between the teacher and the
appraiser will occur as soon as possible after the teacher's
appraisal under this section is completed. The conference must
[shall] be diagnostic and prescriptive with regard to remediation
needed in overall performance and by category.
(f) The recommended appraisal process may provide a
modified and less frequent appraisal process for a teacher if the
most recent appraisal of the teacher rated the teacher at the
highest level of proficiency in the system and did not identify any
area of deficiency and the teacher agrees in writing to the modified
appraisal process. A teacher who is appraised less frequently than
annually must be appraised at least once during each period of three
school years.
(g) Before the commissioner adopts the recommended
appraisal process required by this section, the commissioner must
develop, validate, and test proposals regarding the process. The
commissioner may initiate pilot projects to implement and test
proposals, which may address different aspects of the process and
different methods for determining teacher effectiveness. The
process adopted by the commissioner must include the measurement of
the teacher's effectiveness. In determining the measurement of the
teacher's effectiveness, the process adopted must be fair,
transparent, timely, rigorous, and valid.
SECTION 4. Sections 21.352(a) and (c), Education Code, are
amended to read as follows:
(a) In appraising teachers, each school district shall use:
(1) the appraisal process and performance criteria
developed by the commissioner under Section 21.351; 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 Sections
21.351(a) and (d) [21.351(a)(1) and (2)]; and
(C) adopted by the board of trustees.
(c) 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
at the highest proficiency [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 three [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 copy of the evaluation 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.
SECTION 5. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.358 to read as follows:
Sec. 21.358. QUALIFICATIONS OF APPRAISERS. 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 6. The commissioner of education shall adopt a
recommended appraisal process that complies with Section 21.351,
Education Code, as amended by this Act, in a manner that allows a
school district to implement the recommended appraisal process
adopted by the commissioner not later than September 1, 2015.
SECTION 7. This Act takes effect September 1, 2011.