Texas 2011 - 82nd Regular

Texas Senate Bill SB4 Compare Versions

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1	1	82R29992 CAE-D
2	2	By: Shapiro S.B. No. 4
3	3	(Eissler)
4	4	Substitute the following for S.B. No. 4: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certification, continuing education, and appraisal of
10	10	public school teachers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 21.048, Education Code, is amended by
13	13	adding Subsection (a-1) to read as follows:
14	14	(a-1) In proposing rules under Subsection (a), the board
15	15	shall prescribe a comprehensive examination administered to a
16	16	person applying for certification to teach early childhood through
17	17	grade four or English as a second language in early childhood
18	18	through grade four that includes components in reading, language
19	19	arts, science, social studies, and mathematics. The reading
20	20	component must include material covering the science of reading.
21	21	The proposed rules must provide for scoring the examination based
22	22	on a cumulative score in addition to an individual score for each
23	23	component area listed in this subsection. The proposed rules must
24	24	provide a minimum scoring standard that demonstrates satisfactory
25	25	performance and content mastery for the cumulative score and each
26	26	component area. The minimum scoring standard proposed by the board
27	27	for the cumulative score must be greater than the total of the
28	28	proposed minimum scoring standard for each component area.
29	29	SECTION 2. Section 21.054, Education Code, is amended by
30	30	adding Subsection (b) to read as follows:
31	31	(b) The board shall implement an appraisal and
32	32	accountability system for continuing education courses offered in
33	33	this state and monitor the quality of all continuing education
34	34	courses.
35	35	SECTION 3. Section 21.351, Education Code, is amended to
36	36	read as follows:
37	37	Sec. 21.351. RECOMMENDED APPRAISAL PROCESS AND PERFORMANCE
38	38	CRITERIA. (a) The commissioner shall adopt a recommended
39	39	appraisal process and criteria on which to appraise the performance
40	40	of teachers. The process adopted must provide for basing a
41	41	significant portion of the appraisal on the teacher's student
42	42	learning objectives and outcomes, which must include student
43	43	performance on assessment instruments administered under Section
44	44	39.023 and other student learning objectives and outcomes. The
45	45	performance of a teacher's students on assessment instruments
46	46	required under Subchapter B, Chapter 39, may not be the primary
47	47	indicator for determining teacher effectiveness. The recommended
48	48	appraisal process must provide a method for determining the
49	49	effectiveness of teachers who do not teach a subject in which
50	50	assessment instruments under Subchapter B, Chapter 39, are
51	51	administered. [The criteria must be based on observable,
52	52	job-related behavior, including:
53	53	[(1) teachers' implementation of discipline
54	54	management procedures; and
55	55	[(2) the performance of teachers' students.]
56	56	(b) The commissioner shall solicit and consider the advice
57	57	of teachers, administrative leaders, education experts, and
58	58	parents of students in developing the recommended appraisal process
59	59	and performance criteria.
60	60	(c) Under the recommended appraisal process, an appraiser
61	61	must be the teacher's supervisor or a person approved by the board
62	62	of trustees and be monitored as necessary to ensure fairness,
63	63	thoroughness, and accuracy of the system. An appraiser who is a
64	64	classroom teacher may not appraise the performance of another
65	65	classroom teacher who teaches at the same school campus at which the
66	66	appraiser teaches, unless it is impractical because of the number
67	67	of campuses or unless the appraiser is the chair of a department or
68	68	grade level whose job description includes classroom observation
69	69	responsibilities.
70	70	(d) The recommended appraisal process for teachers must
71	71	provide that:
72	72	(1) a teacher be appraised at least once each school
73	73	year;
74	74	(2) consistent and clear expectations regarding
75	75	teacher performance be communicated to the teacher at least once
76	76	each year;
77	77	(3) a self-evaluation be completed by the teacher and
78	78	be considered by the appraiser before the teacher's appraisal is
79	79	complete; and
80	80	(4) a teacher's overall performance, based on the
81	81	appraisal, be assigned one of five ratings, as applicable, though a
82	82	greater number of separate ratings may be used to detail
83	83	performance under each [Under the recommended appraisal process,
84	84	appraisal for teachers must be detailed by] category of
85	85	professional skill and characteristic appraised as part of the
86	86	appraisal of the teacher's overall performance [and must provide
87	87	for separate ratings for each category].
88	88	(e) The recommended appraisal process for teachers must
89	89	[shall] guarantee that a conference between the teacher and the
90	90	appraiser will occur as soon as possible after the teacher's
91	91	appraisal under this section is completed. The conference must
92	92	[shall] be diagnostic and prescriptive with regard to remediation
93	93	needed in overall performance and by category.
94	94	(f) The recommended appraisal process may provide a
95	95	modified and less frequent appraisal process for a teacher if the
96	96	most recent appraisal of the teacher rated the teacher at the
97	97	highest level of proficiency in the system and did not identify any
98	98	area of deficiency and the teacher agrees in writing to the modified
99	99	appraisal process. A teacher who is appraised less frequently than
100	100	annually must be appraised at least once during each period of three
101	101	school years.
102	102	(g) Before the commissioner adopts the recommended
103	103	appraisal process required by this section, the commissioner must
104	104	develop, validate, and test proposals regarding the process. The
105	105	commissioner may initiate pilot projects to implement and test
106	106	proposals, which may address different aspects of the process and
107	107	different methods for determining teacher effectiveness. The
108	108	process adopted by the commissioner must include the measurement of
109	109	the teacher's effectiveness. In determining the measurement of the
110	110	teacher's effectiveness, the process adopted must be fair,
111	111	transparent, timely, rigorous, and valid.
112	112	SECTION 4. Sections 21.352(a) and (c), Education Code, are
113	113	amended to read as follows:
114	114	(a) In appraising teachers, each school district shall use:
115	115	(1) the appraisal process and performance criteria
116	116	developed by the commissioner under Section 21.351; or
117	117	(2) an appraisal process and performance criteria:
118	118	(A) developed by the district- and campus-level
119	119	committees established under Section 11.251;
120	120	(B) containing the items described by Sections
121	121	21.351(a) and (d) [21.351(a)(1) and (2)]; and
122	122	(C) adopted by the board of trustees.
123	123	(c) Except as otherwise provided by this subsection,
124	124	appraisal must be done at least once during each school year. A
125	125	teacher may be appraised less frequently if the teacher agrees in
126	126	writing and the teacher's most recent evaluation rated the teacher
127	127	at the highest proficiency [as at least proficient, or the
128	128	equivalent,] and did not identify any area of deficiency. A teacher
129	129	who is appraised less frequently than annually must be appraised at
130	130	least once during each period of three [five] school years. The
131	131	district shall maintain a written copy of the evaluation of each
132	132	teacher's performance in the teacher's personnel file. Each
133	133	teacher is entitled to receive a written copy of the evaluation on
134	134	its completion. After receiving a written copy of the evaluation, a
135	135	teacher is entitled to a second appraisal by a different appraiser
136	136	or to submit a written rebuttal to the evaluation to be attached to
137	137	the evaluation in the teacher's personnel file. The evaluation and
138	138	any rebuttal may be given to another school district at which the
139	139	teacher has applied for employment at the request of that district.
140	140	SECTION 5. Subchapter H, Chapter 21, Education Code, is
141	141	amended by adding Section 21.358 to read as follows:
142	142	Sec. 21.358. QUALIFICATIONS OF APPRAISERS. The
143	143	commissioner shall adopt rules regarding the minimum
144	144	qualifications necessary for a person who conducts teacher
145	145	appraisals. The rules must require that the appraiser be highly
146	146	qualified to assess instructional quality and demonstrate
147	147	instructional leadership.
148	148	SECTION 6. The commissioner of education shall adopt a
149	149	recommended appraisal process that complies with Section 21.351,
150	150	Education Code, as amended by this Act, in a manner that allows a
151	151	school district to implement the recommended appraisal process
152	152	adopted by the commissioner not later than September 1, 2015.
153	153	SECTION 7. This Act takes effect September 1, 2011.