Texas 2013 - 83rd Regular

Texas Senate Bill SB1403 Compare Versions

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1	1	By: Patrick, et al. S.B. No. 1403
2	2	(Aycock)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school teachers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 21.044, Education Code, as amended by
10	10	Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd
11	11	Legislature, Regular Session, 2011, is reenacted and amended to
12	12	read as follows:
13	13	Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall
14	14	propose rules establishing the training requirements a person must
15	15	accomplish to obtain a certificate, enter an internship, or enter
16	16	an induction-year program. The board shall specify the minimum
17	17	academic qualifications required for a certificate.
18	18	(b) Any minimum academic qualifications for a certificate
19	19	specified under Subsection (a) that require a person to possess a
20	20	bachelor's degree must also require that the person receive, as
21	21	part of the curriculum for that degree, instruction in detection
22	22	and education of students with dyslexia. This subsection does not
23	23	apply to a person who obtains a certificate through an alternative
24	24	certification program adopted under Section 21.049.
25	25	(c) The instruction under Subsection (b) must:
26	26	(1) be developed by a panel of experts in the diagnosis
27	27	and treatment of dyslexia who are:
28	28	(A) employed by institutions of higher
29	29	education; and
30	30	(B) approved by the board; and
31	31	(2) include information on:
32	32	(A) characteristics of dyslexia;
33	33	(B) identification of dyslexia; and
34	34	(C) effective, multisensory strategies for
35	35	teaching students with dyslexia.
36	36	(d) [(b)] In proposing rules under this section, the board
37	37	shall specify that to obtain a certificate to teach an "applied STEM
38	38	course," as that term is defined by Section 28.027, at a secondary
39	39	school, a person must:
40	40	(1) pass the certification test administered by the
41	41	recognized national or international business and industry group
42	42	that created the curriculum the applied STEM course is based on; and
43	43	(2) have at a minimum:
44	44	(A) an associate degree from an accredited
45	45	institution of higher education; and
46	46	(B) three years of work experience in an
47	47	occupation for which the applied STEM course is intended to prepare
48	48	the student.
49	49	(e) Each educator preparation program must provide
50	50	information regarding:
51	51	(1) the skills that educators are required to possess,
52	52	the responsibilities that educators are required to accept, and the
53	53	high expectations for students in this state;
54	54	(2) the effect of supply and demand forces on the
55	55	educator workforce in this state;
56	56	(3) the performance over time of the educator
57	57	preparation program;
58	58	(4) the importance of building strong classroom
59	59	management skills; and
60	60	(5) the framework in this state for teacher and
61	61	principal evaluation, including the procedures followed in
62	62	accordance with Subchapter H.
63	63	SECTION 2. Subchapter B, Chapter 21, Education Code, is
64	64	amended by adding Section 21.0441 to read as follows:
65	65	Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR
66	66	PREPARATION PROGRAMS. (a) Rules of the board proposed under this
67	67	subchapter must provide that a person, other than a person seeking
68	68	career and technology education certification, is not eligible for
69	69	admission to an educator preparation program, including an
70	70	alternative educator preparation program, unless the person:
71	71	(1) except as provided by Subsection (b), satisfies
72	72	minimum grade point average requirements prescribed by the board,
73	73	not to exceed the following:
74	74	(A) an overall grade point average of at least
75	75	2.75 on a four-point scale or the equivalent on any course work
76	76	previously attempted at a public or private institution of higher
77	77	education; or
78	78	(B) a grade point average of at least 2.75 on a
79	79	four-point scale or the equivalent for the last 60 semester credit
80	80	hours attempted at a public or private institution of higher
81	81	education; and
82	82	(2) if the person is seeking initial certification:
83	83	(A) has successfully completed at least:
84	84	(i) 15 semester credit hours in the
85	85	subject-specific content area in which the person is seeking
86	86	certification, if the person is seeking certification to teach
87	87	mathematics or science at or above grade level seven; or
88	88	(ii) 12 semester credit hours in the
89	89	subject-specific content area in which the person is seeking
90	90	certification, if the person is not seeking certification to teach
91	91	mathematics or science at or above grade level seven; or
92	92	(B) has achieved a satisfactory level of
93	93	performance on a content certification examination, which may be a
94	94	content certification examination administered by a vendor
95	95	approved by the commissioner for purposes of administering such an
96	96	examination for the year for which the person is applying for
97	97	admission to the program.
98	98	(b) The board's rules must permit an educator preparation
99	99	program to admit in extraordinary circumstances a person who fails
100	100	to satisfy a grade point average requirement prescribed by
101	101	Subsection (a)(1)(A) or (B), provided that:
102	102	(1) not more than 10 percent of the total number of
103	103	persons admitted to the program in a year fail to satisfy the
104	104	requirement under Subsection (a)(1)(A) or (B); and
105	105	(2) for each person admitted as described by this
106	106	subsection, the director of the program determines and certifies,
107	107	based on documentation provided by the person, that the person's
108	108	work, business, or career experience demonstrates achievement
109	109	comparable to the academic achievement represented by the grade
110	110	point average requirement.
111	111	SECTION 3. Section 21.048, Education Code, is amended by
112	112	amending Subsection (a) and adding Subsection (a-1) to read as
113	113	follows:
114	114	(a) The board shall propose rules prescribing comprehensive
115	115	examinations for each class of certificate issued by the board. The
116	116	board shall determine the satisfactory level of performance
117	117	required for each certification examination. For the issuance of a
118	118	generalist certificate, the board shall require a satisfactory
119	119	level of examination performance in each core subject covered by
120	120	the examination.
121	121	(a-1) The board may not require that more than 45 days
122	122	elapse before a person may retake an examination.
123	123	SECTION 4. Section 21.352, Education Code, is amended by
124	124	amending Subsection (c) and adding Subsections (c-1), (e), and (f)
125	125	to read as follows:
126	126	(c) Except as otherwise provided by this subsection,
127	127	appraisal must be done at least once during each school year. A
128	128	teacher may be appraised less frequently if the teacher agrees in
129	129	writing and the teacher's most recent evaluation rated the teacher
130	130	as at least proficient, or the equivalent, and did not identify any
131	131	area of deficiency. A teacher who is appraised less frequently than
132	132	annually must be appraised at least once during each period of five
133	133	school years. The district shall maintain a written copy of the
134	134	evaluation of each teacher's performance in the teacher's personnel
135	135	file. Each teacher is entitled to receive a written copy of the
136	136	evaluation promptly on its completion. After receiving a written
137	137	copy of the evaluation, a teacher is entitled to a second appraisal
138	138	by a different appraiser or to submit a written rebuttal to the
139	139	evaluation to be attached to the evaluation in the teacher's
140	140	personnel file. The evaluation and any rebuttal may be given to
141	141	another school district at which the teacher has applied for
142	142	employment at the request of that district.
143	143	(c-1) In addition to conducting a complete appraisal as
144	144	frequently as required by Subsection (c), a school district shall
145	145	require that appropriate components of the appraisal process, such
146	146	as classroom observations and walk-throughs, occur more frequently
147	147	as necessary to ensure that a teacher receives adequate evaluation
148	148	and guidance. A school district shall give priority to conducting
149	149	appropriate components more frequently for inexperienced teachers
150	150	or experienced teachers with identified areas of deficiency.
151	151	(e) A district shall use a teacher's consecutive appraisals
152	152	from more than one year, if available, in making the district's
153	153	employment decisions and developing career recommendations for the
154	154	teacher.
155	155	(f) The district shall notify a teacher of the results of
156	156	any appraisal of the teacher in a timely manner so that the
157	157	appraisal may be used as a developmental tool by the district and
158	158	the teacher to improve the overall performance of the teacher.
159	159	SECTION 5. Section 21.402, Education Code, is amended by
160	160	adding Subsections (j) and (k) to read as follows:
161	161	(j) Using only available funds and resources from public or
162	162	private sources, each year the agency, in consultation with the
163	163	Teacher Retirement System of Texas, shall collect information from
164	164	school districts regarding salaries paid to employees entitled to
165	165	the minimum salary specified in this section. Based on the
166	166	information collected, the agency shall:
167	167	(1) determine the median salaries of teachers in this
168	168	state based on grade level and subject matter taught;
169	169	(2) post the median salaries on the agency Internet
170	170	website; and
171	171	(3) report the median salaries to members of the
172	172	legislature.
173	173	(k) Using only available funds and resources from public or
174	174	private sources, each year the agency shall analyze the cost of
175	175	living in each region of this state to determine if teacher salaries
176	176	paid by school districts in a region are comparable to salaries paid
177	177	in that region to persons engaged in comparable professions. The
178	178	agency shall post the results of the analysis on the agency's
179	179	Internet website and report the results to members of the
180	180	legislature.
181	181	SECTION 6. Subchapter I, Chapter 21, Education Code, is
182	182	amended by adding Section 21.419 to read as follows:
183	183	Sec. 21.419. ANNUAL TEACHER WORKING CONDITIONS SURVEY.
184	184	(a) Using only available funds and resources from public or
185	185	private sources, each year the agency shall conduct a statewide
186	186	survey of working conditions for public school teachers.
187	187	(b) The survey must seek information regarding factors that
188	188	affect the quality of teacher working conditions, such as demands
189	189	on a teacher's time during the school day and at other times, campus
190	190	and district leadership, support for new teachers, professional
191	191	development opportunities and requirements, opportunities for
192	192	teacher leadership and collaboration, resources for teachers, and
193	193	the adequacy of available facilities.
194	194	(c) In designing the survey, the agency shall:
195	195	(1) evaluate the teacher working conditions survey
196	196	conducted in North Carolina and incorporate any elements in that
197	197	survey that the agency considers appropriate for use in this state;
198	198	and
199	199	(2) seek to produce a survey that can be used as a
200	200	resource by a school district in improving the district's
201	201	instructional environment and in evaluating and setting standards
202	202	for principals and superintendents.
203	203	(d) A teacher may not be required to participate in the
204	204	survey.
205	205	(e) To encourage the uninhibited participation of teachers,
206	206	the survey must be designed to prevent the disclosure of the
207	207	identity of a survey participant.
208	208	(f) The agency shall release aggregate results of the survey
209	209	to the public.
210	210	(g) The agency shall complete the initial survey not later
211	211	than September 1, 2014. This subsection expires January 1, 2015.
212	212	SECTION 7. Subchapter J, Chapter 21, Education Code, is
213	213	amended by adding Section 21.4513 to read as follows:
214	214	Sec. 21.4513. PROFESSIONAL DEVELOPMENT REQUIREMENTS AUDIT.
215	215	(a) Using only available funds and resources from public or
216	216	private sources, the agency shall periodically conduct an audit of
217	217	the professional development requirements applicable to educators
218	218	in this state, including state and federal requirements and
219	219	requirements imposed by school districts.
220	220	(b) Based on audit results, the agency shall seek to
221	221	eliminate conflicting requirements and consolidate duplicative
222	222	requirements through the following methods, as appropriate:
223	223	(1) taking administrative action;
224	224	(2) encouraging school districts to make appropriate
225	225	changes to district policies; or
226	226	(3) recommending statutory changes to the
227	227	legislature.
228	228	(b-1) The agency shall complete the initial audit required
229	229	by Subsection (a) not later than August 1, 2014. This subsection
230	230	expires September 1, 2014.
231	231	(c) The agency shall provide guidance to school districts
232	232	regarding high-quality professional development and the outcomes
233	233	expected to result from providing that caliber of professional
234	234	development.
235	235	SECTION 8. Section 21.458, Education Code, is amended by
236	236	amending Subsection (c) and adding Subsections (e) and (e-1) to
237	237	read as follows:
238	238	(c) From the funds appropriated to the agency for purposes
239	239	of this section, the commissioner shall adopt rules and provide
240	240	funding to school districts that assign mentor teachers under this
241	241	section. Funding provided to districts under this section may be
242	242	used only for providing:
243	243	(1) mentor teacher stipends;
244	244	(2) scheduled release time for mentor teachers and the
245	245	classroom teachers to whom they are assigned for meeting and
246	246	engaging in [to provide] mentoring activities [to assigned
247	247	classroom teachers]; and
248	248	(3) mentoring support through providers of mentor
249	249	training.
250	250	(e) Each year the commissioner shall report to the
251	251	legislature regarding the effectiveness of school district
252	252	mentoring programs.
253	253	(e-1) Not later than November 1, 2013, the lieutenant
254	254	governor and speaker of the house of representatives shall form an
255	255	advisory committee to evaluate the implementation of this section
256	256	and make recommendations for improvement. The committee shall
257	257	develop recommended guidelines that align teacher induction and
258	258	mentoring activities with expectations for new teachers based on
259	259	teaching practice standards. The agency shall provide
260	260	administrative support for the committee. The committee shall
261	261	submit a report of its recommendations to the legislature not later
262	262	than January 1, 2015. This subsection expires January 31, 2015.
263	263	SECTION 9. Not later than September 1, 2014, the Texas
264	264	Education Agency, the State Board for Educator Certification, and
265	265	the Texas Higher Education Coordinating Board shall jointly review
266	266	existing standards for preparation and admission that are
267	267	applicable to educator preparation programs, including stakeholder
268	268	input in the review and development of those standards, and develop
269	269	and implement modifications necessary to reflect updated standards
270	270	for the teaching profession.
271	271	SECTION 10. To the extent of any conflict, this Act prevails
272	272	over another Act of the 83rd Legislature, Regular Session, 2013,
273	273	relating to nonsubstantive additions to and corrections in enacted
274	274	codes.
275	275	SECTION 11. This Act takes effect September 1, 2013.