By: Villalba H.B. No. 2977
A BILL TO BE ENTITLED
AN ACT
relating to the evaluation of public school teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 21.351, Education Code,
is amended to read as follows:
Sec. 21.351. TEACHER EVALUATION FRAMEWORK [RECOMMENDED
APPRAISAL PROCESS AND PERFORMANCE CRITERIA].
SECTION 2. Section 21.351, Education Code, is amended by
amending Subsections (a), (b), and (d) and by adding Subsections
(e)-(h) to read as follows:
(a) The commissioner shall adopt a teacher evaluation
framework that includes a recommended appraisal process and
criteria on which to appraise the performance of teachers. The
criteria must be based on objective measures of teaching
performance [observable, job related behavior], including:
(1) teachers' implementation of discipline management
procedures; and
(2) objective measures of teaching performance as
required by Subsection (e) [the performance of teachers' students].
(b) The commissioner shall solicit and consider the advice
of teachers and other affected stakeholders in developing the
teacher evaluation framework, recommended appraisal process, and
performance criteria.
(d) Under the teacher evaluation framework and recommended
appraisal process, appraisal for teachers must be detailed by
category of professional skill and characteristic [and must provide
for separate ratings for each category]. The appraisal process
shall guarantee a conference between the teacher and the appraiser.
The conference shall be diagnostic and prescriptive with regard to
remediation needed in overall performance and by category.
(e) The teacher evaluation framework must incorporate the
following:
(1) teaching standards that articulate expected
teacher knowledge, understanding, skill, and practice to ensure
student achievement and growth;
(2) professional context data based on teaching and
learning conditions at the school;
(3) multiple evaluation measures, including measures
based on student achievement and growth, classroom observations,
and professional engagement and growth; and
(4) expectations regarding use of evaluations to
inform individualized professional development plans.
(f) The objective measures of teaching performance under
Subsection (e) shall be based on student learning, with objective
measures of student achievement and growth comprising no less than
the minimum percentage of the evaluation prescribed by commissioner
rule.
(g) Student achievement and growth shall be required as
necessary, but not sufficient, bases for determining effective
teaching under Subsection (e).
(h) Decisions regarding teacher employment and advancement
shall be based on evaluations from multiple, consecutive years if
available.
(i) The commissioner shall:
(1) review school district practice under the teacher
evaluation framework, including the use of objective measures of
teaching performance; and
(2) consult teachers and other affected stakeholders
to review and revise the teacher evaluation framework as needed but
at least every five years.
SECTION 3. 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 in conformance with the teacher
evaluation framework required by 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) (1) and (2); and
(C) adopted by the board of trustees.
(c) Appraisal [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 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 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 4. The changes in law made by this Act apply
beginning with the 2013-2014 school year.
SECTION 5. The changes in law made by this Act supersede any
other law to the extent of a conflict.
SECTION 6. This Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.