By: Patrick, Hancock, Seliger S.B. No. 1403
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Education; April 17, 2013,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 5, Nays 2; April 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1403 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to public school teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.044, Education Code, as amended by
Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd
Legislature, Regular Session, 2011, is reenacted and amended to
read as follows:
Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall
propose rules establishing the training requirements a person must
accomplish to obtain a certificate, enter an internship, or enter
an induction-year program. The board shall specify the minimum
academic qualifications required for a certificate.
(b) Any minimum academic qualifications for a certificate
specified under Subsection (a) that require a person to possess a
bachelor's degree must also require that the person receive, as
part of the curriculum for that degree, instruction in detection
and education of students with dyslexia. This subsection does not
apply to a person who obtains a certificate through an alternative
certification program adopted under Section 21.049.
(c) The instruction under Subsection (b) must:
(1) be developed by a panel of experts in the diagnosis
and treatment of dyslexia who are:
(A) employed by institutions of higher
education; and
(B) approved by the board; and
(2) include information on:
(A) characteristics of dyslexia;
(B) identification of dyslexia; and
(C) effective, multisensory strategies for
teaching students with dyslexia.
(d) [(b)] In proposing rules under this section, the board
shall specify that to obtain a certificate to teach an "applied STEM
course," as that term is defined by Section 28.027, at a secondary
school, a person must:
(1) pass the certification test administered by the
recognized national or international business and industry group
that created the curriculum the applied STEM course is based on; and
(2) have at a minimum:
(A) an associate degree from an accredited
institution of higher education; and
(B) three years of work experience in an
occupation for which the applied STEM course is intended to prepare
the student.
(e) Each educator preparation program must provide
information regarding:
(1) the skills that educators are required to possess,
the responsibilities that educators are required to accept, and the
high expectations for students in this state;
(2) the effect of supply and demand forces on the
educator workforce in this state;
(3) the performance over time of the educator
preparation program;
(4) the importance of building strong classroom
management skills; and
(5) the framework in this state for teacher and
principal evaluation, including the procedures followed in
accordance with Subchapter H.
SECTION 2. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0441 to read as follows:
Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR
PREPARATION PROGRAMS. (a) Rules of the board proposed under this
subchapter must provide that a person, other than a person seeking
career and technology education certification, is not eligible for
admission to an educator preparation program, including an
alternative educator preparation program, unless the person:
(1) except as provided by Subsection (b), satisfies
minimum grade point average requirements prescribed by the board,
not to exceed the following:
(A) an overall grade point average of at least
2.75 on a four-point scale or the equivalent on any course work
previously attempted at a public or private institution of higher
education; or
(B) a grade point average of at least 2.75 on a
four-point scale or the equivalent for the last 60 semester credit
hours attempted at a public or private institution of higher
education; and
(2) if the person is seeking initial certification:
(A) has successfully completed at least 15
semester credit hours in the subject-specific content area in which
the person is seeking certification;
(B) has successfully completed at least 12
semester credit hours in the subject-specific content area in which
the person is seeking certification, provided that the person is
required to comply with the subsequent professional development
requirements prescribed by Subsection (c); or
(C) has achieved a satisfactory level of
performance on a content certification examination, which may be a
content certification examination administered by a vendor
approved by the commissioner for purposes of administering such an
examination for the year for which the person is applying for
admission to the program.
(b) The board's rules must permit an educator preparation
program to admit in extraordinary circumstances a person who fails
to satisfy a grade point average requirement prescribed by
Subsection (a)(1)(A) or (B), provided that:
(1) not more than 10 percent of the total number of
persons admitted to the program in a year fail to satisfy the
requirement under Subsection (a)(1)(A) or (B); and
(2) for each person admitted as described by this
subsection, the director of the program determines and certifies,
based on documentation provided by the person, that the person's
work, business, or career experience demonstrates achievement
comparable to the academic achievement represented by the grade
point average requirement.
(c) A person whose eligibility for admission to an educator
preparation program is based on compliance with Subsection
(a)(2)(B) shall, not later than the first anniversary of the date of
the person's certification, complete three hours of professional
development relevant to the subject area in which the person is
certified. The professional development required by this
subsection is in addition to any other requirements or professional
development prescribed by the board or the school district
employing the person.
SECTION 3. Section 21.048, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board shall propose rules prescribing comprehensive
examinations for each class of certificate issued by the board. The
board shall determine the satisfactory level of performance
required for each certification examination. For the issuance of a
generalist certificate, the board shall require a satisfactory
level of examination performance in each core subject covered by
the examination.
(a-1) The board may not require that more than 45 days
elapse before a person may retake an examination.
SECTION 4. Section 21.351, Education Code, is amended to
read as follows:
Sec. 21.351. RECOMMENDED APPRAISAL FRAMEWORK, PROCESSES,
[PROCESS] AND PERFORMANCE CRITERIA. (a) The commissioner shall
adopt a recommended appraisal framework for evaluating the
performance of teachers. The framework must [process and criteria
on which to appraise the performance of teachers. The criteria must
be based on observable, job-related behavior, including]:
(1) include standards for teaching practice, context
for teacher evaluations, and teacher-evaluation components and
process [teachers' implementation of discipline management
procedures]; [and]
(2) identify the required elements for any teacher
evaluation system used in this state;
(3) be grounded on the principle that the primary goal
of a high-quality evaluation system is to assess and improve
teaching and learning, resulting in higher student performance; and
(4) require evaluations to be based on multiple
measures within each component that are easily understood,
transparent, job-related, and observable [the performance of
teachers' students].
(a-1) In a manner consistent with the framework required
under Subsection (a), the commissioner shall develop a variety of
recommended appraisal processes and performance criteria.
(b) The commissioner shall solicit and consider the advice
of teachers in developing the recommended appraisal framework,
processes, [process] and performance criteria.
(c) Under a [the] recommended appraisal process, an
appraiser must be the teacher's supervisor or a person approved by
the board of trustees. 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) Under a [the] 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.
SECTION 5. Section 21.352, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (c-1), (e),
and (f) to read as follows:
(a) In appraising teachers, each school district shall use:
(1) an [the] appraisal process and performance
criteria recommended [developed] by the commissioner; 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 elements identified under
Section 21.351(a)(2) and multiple measures within each component of
evaluation [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 promptly 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.
(c-1) In addition to conducting a complete annual
appraisal, a school district shall require that appropriate
components of the appraisal process, such as classroom observations
and walk-throughs, occur more frequently as necessary to ensure
that a teacher receives adequate evaluation and guidance. A school
district shall give priority to conducting appropriate components
more frequently for inexperienced teachers or experienced teachers
with identified areas of deficiency.
(e) A district shall use a teacher's consecutive appraisals
from more than one year, if available, in making the district's
employment decisions and developing career recommendations for the
teacher.
(f) The district shall notify a teacher of the results of
any appraisal of the teacher in a timely manner so that the
appraisal may be used as a developmental tool by the district and
the teacher to improve the overall performance of the teacher.
SECTION 6. Section 21.402, Education Code, is amended by
adding Subsections (j) and (k) to read as follows:
(j) Using only available funds and resources from public or
private sources, each year the agency, in consultation with the
Teacher Retirement System of Texas, shall collect information from
school districts regarding salaries paid to employees entitled to
the minimum salary specified in this section. Based on the
information collected, the agency shall:
(1) determine the median salaries of teachers in this
state based on grade level and subject matter taught;
(2) post the median salaries on the agency Internet
website; and
(3) report the median salaries to members of the
legislature.
(k) Using only available funds and resources from public or
private sources, each year the agency shall analyze the cost of
living in each region of this state to determine if teacher salaries
paid by school districts in a region are comparable to salaries paid
in that region to persons engaged in comparable professions. The
agency shall post the results of the analysis on the agency's
Internet website and report the results to members of the
legislature.
SECTION 7. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.419 to read as follows:
Sec. 21.419. ANNUAL TEACHER WORKING CONDITIONS SURVEY.
(a) Using only available funds and resources from public or
private sources, each year the agency shall conduct a statewide
survey of working conditions for public school teachers.
(b) The survey must seek information regarding factors that
affect the quality of teacher working conditions, such as demands
on a teacher's time during the school day and at other times, campus
and district leadership, support for new teachers, professional
development opportunities and requirements, opportunities for
teacher leadership and collaboration, resources for teachers, and
the adequacy of available facilities.
(c) In designing the survey, the agency shall:
(1) evaluate the teacher working conditions survey
conducted in North Carolina and incorporate any elements in that
survey that the agency considers appropriate for use in this state;
and
(2) seek to produce a survey that can be used as a
resource by a school district in improving the district's
instructional environment and in evaluating and setting standards
for principals and superintendents.
(d) A teacher may not be required to participate in the
survey.
(e) To encourage the uninhibited participation of teachers,
the survey must be designed to prevent the disclosure of the
identity of a survey participant.
(f) The agency shall release aggregate results of the survey
to the public.
(g) The agency shall complete the initial survey not later
than September 1, 2014. This subsection expires January 1, 2015.
SECTION 8. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.4513 to read as follows:
Sec. 21.4513. PROFESSIONAL DEVELOPMENT REQUIREMENTS AUDIT.
(a) Using only available funds and resources from public or
private sources, the agency shall periodically conduct an audit of
the professional development requirements applicable to educators
in this state, including state and federal requirements and
requirements imposed by school districts.
(b) Based on audit results, the agency shall seek to
eliminate conflicting requirements and consolidate duplicative
requirements through the following methods, as appropriate:
(1) taking administrative action;
(2) encouraging school districts to make appropriate
changes to district policies; or
(3) recommending statutory changes to the
legislature.
(b-1) The agency shall complete the initial audit required
by Subsection (a) not later than August 1, 2014. This subsection
expires September 1, 2014.
(c) The agency shall provide guidance to school districts
regarding high-quality professional development and the outcomes
expected to result from providing that caliber of professional
development.
SECTION 9. Section 21.458, Education Code, is amended by
amending Subsection (c) and adding Subsections (e) and (e-1) to
read as follows:
(c) From the funds appropriated to the agency for purposes
of this section, the commissioner shall adopt rules and provide
funding to school districts that assign mentor teachers under this
section. Funding provided to districts under this section may be
used only for providing:
(1) mentor teacher stipends;
(2) scheduled release time for mentor teachers and the
classroom teachers to whom they are assigned for meeting and
engaging in [to provide] mentoring activities [to assigned
classroom teachers]; and
(3) mentoring support through providers of mentor
training.
(e) Each year the commissioner shall report to the
legislature regarding the effectiveness of school district
mentoring programs.
(e-1) Not later than November 1, 2013, the lieutenant
governor and speaker of the house of representatives shall form an
advisory committee to evaluate the implementation of this section
and make recommendations for improvement. The committee shall
develop recommended guidelines that align teacher induction and
mentoring activities with expectations for new teachers based on
teaching practice standards. The agency shall provide
administrative support for the committee. The committee shall
submit a report of its recommendations to the legislature not later
than January 1, 2015. This subsection expires January 31, 2015.
SECTION 10. Not later than September 1, 2014, the Texas
Education Agency, the State Board for Educator Certification, and
the Texas Higher Education Coordinating Board shall jointly review
existing standards that are applicable to educator preparation
programs, including alternative educator certification programs,
and develop and implement modifications necessary to reflect
updated standards for the teaching profession.
SECTION 11. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. This Act takes effect September 1, 2013.
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