| 1 | 1 | | 84R2476 KKA-F |
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| 2 | 2 | | By: Moody H.B. No. 513 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to educator financial incentives and salary contingencies |
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| 8 | 8 | | based on student performance on certain assessment instruments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter I, Chapter 21, Education Code, is |
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| 11 | 11 | | amended by adding Section 21.416 to read as follows: |
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| 12 | 12 | | Sec. 21.416. CERTAIN INCENTIVES AND SALARY CONTINGENCIES |
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| 13 | 13 | | PROHIBITED. (a) Subject to Subsection (b), a school district may |
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| 14 | 14 | | not: |
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| 15 | 15 | | (1) offer or reward a financial incentive to an |
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| 16 | 16 | | educator that is contingent on student performance on an assessment |
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| 17 | 17 | | instrument administered under Chapter 39; or |
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| 18 | 18 | | (2) make any portion of an educator's salary |
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| 19 | 19 | | contingent on student performance on an assessment instrument |
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| 20 | 20 | | administered under Chapter 39. |
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| 21 | 21 | | (b) This section does not affect the use of any federal |
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| 22 | 22 | | funds disbursed for a purpose otherwise prohibited under Subsection |
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| 23 | 23 | | (a). |
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| 24 | 24 | | SECTION 2. Section 21.702(b), Education Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | (b) In establishing the program, the commissioner shall |
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| 27 | 27 | | adopt program guidelines in accordance with this subchapter for a |
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| 28 | 28 | | school district to follow in developing a local educator excellence |
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| 29 | 29 | | innovation plan under Section 21.704. The guidelines must prohibit |
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| 30 | 30 | | a school district from providing strategic compensation or other |
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| 31 | 31 | | alternative teacher compensation on the basis of student |
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| 32 | 32 | | performance on an assessment instrument administered under Chapter |
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| 33 | 33 | | 39, as prohibited under Section 21.416. |
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| 34 | 34 | | SECTION 3. This Act applies beginning with the 2015-2016 |
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| 35 | 35 | | school year. |
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| 36 | 36 | | SECTION 4. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2015. |
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