83R12320 KKA-F
By: Moody H.B. No. 3495
A BILL TO BE ENTITLED
AN ACT
relating to educator financial incentives and salary contingencies
based on student performance on certain assessment instruments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.418 to read as follows:
Sec. 21.418. CERTAIN INCENTIVES AND SALARY CONTINGENCIES
PROHIBITED. (a) Subject to Subsection (b), a school district may
not:
(1) offer or reward a financial incentive to an
educator that is contingent on student performance on an assessment
instrument administered under Chapter 39; or
(2) make any portion of an educator's salary
contingent on student performance on an assessment instrument
administered under Chapter 39.
(b) This section does not affect the use of any federal
funds disbursed for a purpose otherwise prohibited under Subsection
(a).
SECTION 2. Section 21.702(b), Education Code, is amended to
read as follows:
(b) In establishing the program, the commissioner shall
adopt program guidelines in accordance with this subchapter for a
school district to follow in developing a local awards plan under
Section 21.704. The guidelines must prohibit a school district
from making awards on the basis of student performance on an
assessment instrument administered under Chapter 39, as prohibited
under Section 21.418.
SECTION 3. This Act applies beginning with the 2013-2014
school year.
SECTION 4. 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.