By: Seliger, Campbell S.B. No. 893
(In the Senate - Filed March 3, 2015; March 9, 2015, read
first time and referred to Committee on Education; March 30, 2015,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 10, Nays 1; March 30, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 893 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to public school teacher performance appraisals,
continuing education, professional development, career
advancement, and compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.009 to read as follows:
Sec. 21.009. TEACHER DEVELOPMENT FRAMEWORK. (a) The
commissioner by rule shall adopt a teacher development framework to
be used by a school district in making decisions regarding
teachers, including decisions related to:
(1) appraisals of performance;
(2) professional development opportunities;
(3) career advancement; and
(4) compensation.
(b) The teacher development framework must require that
decisions regarding a teacher's professional development
opportunities, career advancement, and compensation include the
teacher's appraisal as a substantial factor. Decisions regarding
career advancement for a teacher must be based on consecutive
appraisals of the teacher from at least two consecutive years, if
available.
(c) The commissioner shall appoint a committee composed of
educators and other stakeholders to assist the commissioner in
reviewing and revising the teacher development framework at least
once every five years.
SECTION 2. Section 21.054, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (d-1) to
read as follows:
(a) The board shall propose rules establishing processes [a
process] for:
(1) identifying continuing education courses and
programs that fulfill educators' continuing education
requirements; and
(2) enabling an educator to provide feedback to the
board regarding a course or program completed by the educator.
(a-1) The feedback received by the board regarding a
continuing education course or program completed by an educator
must be accessible to the public.
(d-1) Continuing education requirements for a classroom
teacher must provide that a significant percentage of the training
required every five years includes instruction designed to advance
any knowledge and skill identified in the teacher's appraisal as
needing improvement.
SECTION 3. Section 21.203(a), Education Code, is amended to
read as follows:
(a) The [Except as provided by Section 21.352(c), the]
employment policies adopted by a board of trustees must require a
written evaluation of each teacher at annual or more frequent
intervals. The policies adopted by the board may include the use of
peer-to-peer review and other measures involving the participation
of teachers in the evaluation process. The board must consider the
most recent evaluations before making a decision not to renew a
teacher's contract if the evaluations are relevant to the reason
for the board's action.
SECTION 4. Section 21.351, Education Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (a-1)
to read as follows:
(a) The commissioner shall adopt a recommended appraisal
process and criteria on which to appraise the performance of
teachers. The criteria must be based on measures of a teacher's
performance [observable, job-related behavior], including:
(1) the teacher's [teachers'] implementation of
discipline management procedures; [and]
(2) the academic performance of the teacher's
students;
(3) teaching standards that articulate expected
teacher knowledge, understanding, skill, and practice to ensure
student educational growth in academics;
(4) classroom observations; and
(5) data related to the teacher's efforts, both
individually and as part of collaborative settings, to improve the
teacher's professional performance, as evident in the teacher's
level of professional engagement and growth [the performance of
teachers' students].
(a-1) In adopting criteria relating to the academic
performance of a teacher's students as required by Subsection
(a)(2), the commissioner shall include measures of student
educational growth based on academics. The measures of student
educational growth adopted by the commissioner under this
subsection may not be limited to examining the performance of the
teacher's students on assessment instruments required under
Section 39.023 but must include other measures of student
educational growth.
(b) The commissioner shall solicit and consider the advice
of teachers and other stakeholders in developing the recommended
appraisal process and performance criteria.
(d) Under 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 improvement and
professional development [remediation] needed in overall
performance and by category.
SECTION 5. 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 conformity with:
(A) the teacher development framework described
by Section 21.009; and
(B) the measures described by Section 21.351(a);
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 Section
[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 or electronic 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.
SECTION 6. The heading to Section 21.402, Education Code,
is amended to read as follows:
Sec. 21.402. MINIMUM SALARY [SCHEDULE] FOR CERTAIN
PROFESSIONAL STAFF.
SECTION 7. Section 21.402(a), Education Code, as effective
until September 1, 2017, is amended to read as follows:
(a) Except as provided by Subsection (f), a school district
must pay each [classroom teacher,] full-time librarian, full-time
school counselor certified under Subchapter B, or full-time school
nurse not less than the minimum monthly salary, based on the
employee's level of experience in addition to other factors, as
determined by commissioner rule, determined by the following
formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by
Subsection (c); and
"FS" is the amount, as determined by the commissioner
under Subsection (b), of the basic allotment as provided by Section
42.101(a) or (b) for a school district with a maintenance and
operations tax rate at least equal to the state maximum compressed
tax rate, as defined by Section 42.101(a).
SECTION 8. Section 21.402(a), Education Code, as effective
September 1, 2017, is amended to read as follows:
(a) Except as provided by Subsection (e-1) or (f), a school
district must pay each [classroom teacher,] full-time librarian,
full-time school counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience in addition to other
factors, as determined by commissioner rule, determined by the
following formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by
Subsection (c); and
"FS" is the amount, as determined by the commissioner
under Subsection (b), of the basic allotment as provided by Section
42.101(a) or (b) for a school district with a maintenance and
operations tax rate at least equal to the state maximum compressed
tax rate, as defined by Section 42.101(a).
SECTION 9. Section 21.402, Education Code, is amended by
adding Subsection (a-1) and amending Subsections (c-1), (f), and
(h) to read as follows:
(a-1) Each school district shall pay a minimum monthly
salary to each classroom teacher that is not less than $2,754. A
district may pay a higher monthly salary based on criteria that are
not inconsistent with the teacher development framework adopted by
the commissioner under Section 21.009.
(c-1) Notwithstanding Subsections (a) and (b), each school
district shall pay a monthly salary to each [classroom teacher,]
full-time speech pathologist, full-time librarian, full-time
school counselor certified under Subchapter B, and full-time school
nurse that is at least equal to the following monthly salary or the
monthly salary determined by the commissioner under Subsections (a)
and (b), whichever is greater:
Years of Monthly Years of Monthly
Years of Monthly
Experience Salary Experience Salary
Experience Salary
0 2,732 0 2,732
0 2,732
1 2,791 1 2,791
1 2,791
2 2,849 2 2,849
2 2,849
3 2,908 3 2,908
3 2,908
4 3,032 4 3,032
4 3,032
5 3,156 5 3,156
5 3,156
6 3,280 6 3,280
6 3,280
7 3,395 7 3,395
7 3,395
8 3,504 8 3,504
8 3,504
9 3,607 9 3,607
9 3,607
10 3,704 10 3,704
10 3,704
11 3,796 11 3,796
11 3,796
12 3,884 12 3,884
12 3,884
13 3,965 13 3,965
13 3,965
14 4,043 14 4,043
14 4,043
15 4,116 15 4,116
15 4,116
16 4,186 16 4,186
16 4,186
17 4,251 17 4,251
17 4,251
18 4,313 18 4,313
18 4,313
19 4,372 19 4,372
19 4,372
20 & Over 4,427 20 & Over 4,427
20 & Over 4,427
(f) Notwithstanding Subsection (a), a [teacher or]
librarian who received a career ladder supplement on August 31,
1993, is entitled to at least the same gross monthly salary the
[teacher or] librarian received for the 1994-1995 school year as
long as the [teacher or] librarian is employed by the same district.
(h) In this section, "gross monthly salary" must include the
amount a [teacher or] librarian received that represented a career
ladder salary supplement under Section 16.057, as that section
existed January 1, 1993.
SECTION 10. Sections 21.403(a), (c), and (d), Education
Code, are amended to read as follows:
(a) A [teacher,] librarian, school counselor, or nurse
shall advance one step on the minimum salary schedule under Section
21.402 for each year of experience as a [teacher,] librarian,
school counselor, or nurse until step 20 is reached.
(c) The commissioner shall adopt rules for determining the
experience for which a [teacher,] librarian, school counselor, or
nurse is to be given credit in placing the [teacher,] librarian,
school counselor, or nurse on the minimum salary schedule. A
district shall credit the [teacher,] librarian, school counselor,
or nurse for each year of experience without regard to whether the
years are consecutive.
(d) As long as a [teacher or] librarian who received a
career ladder supplement is employed by the same school district,
the [teacher or] librarian is entitled to:
(1) placement on the minimum salary schedule at the
step above the step on which the librarian [teacher] would
otherwise be placed, if the [teacher or] librarian received a
career ladder supplement for level two of the career ladder on
August 31, 1993; or
(2) placement on the minimum salary schedule at the
step two steps above the step on which the librarian [teacher] would
otherwise be placed, if the [teacher or] librarian received a
career ladder supplement for level three of the career ladder on
August 31, 1993.
SECTION 11. Section 21.4031(a)(2), Education Code, is
amended to read as follows:
(2) "Service record" means a school district document
that indicates the total years of service provided to the district
by a [classroom teacher,] librarian, school counselor, or nurse.
SECTION 12. Section 21.4031(b), Education Code, is amended
to read as follows:
(b) On request by a [classroom teacher,] librarian, school
counselor, or nurse or by the school district employing one of those
individuals, a school district that previously employed the
individual shall provide a copy of the individual's service record
to the school district employing the individual. The district must
provide the copy not later than the 30th day after the later of:
(1) the date the request is made; or
(2) the date of the last day of the individual's
service to the district.
SECTION 13. The heading to Subchapter J, Chapter 21,
Education Code, is amended to read as follows:
SUBCHAPTER J. EDUCATOR PROFESSIONAL [STAFF] DEVELOPMENT AND
TRAINING
SECTION 14. The heading to Section 21.451, Education Code,
is amended to read as follows:
Sec. 21.451. EDUCATOR PROFESSIONAL [STAFF] DEVELOPMENT AND
TRAINING REQUIREMENTS.
SECTION 15. Sections 21.451(a), (b), (c), (d), and (g),
Education Code, are amended to read as follows:
(a) The professional [staff] development opportunities, not
including the training described by Subsection (c), provided by a
school district to an educator other than a principal must [be]:
(1) be designed to increase the effectiveness of
classroom instruction and improve student achievement;
(2) be conducted in accordance with standards
developed by the district;
(3) enable an educator to advance knowledge and skills
identified as needing improvement in the educator's appraisal;
(4) include a range of instructional formats,
including intensive and sustained in-class coaching, collaborative
learning, and blended learning;
(5) enable an educator to select the content and
format of the educator's professional development opportunities;
and
(6) be [(2)] designed to improve education in the
district.
(b) The professional [staff] development described by
Subsection (a) must include opportunities that address:
(1) [be predominantly] campus-based performance
objectives; and
(2) performance objectives of individual educators
established as part of educator appraisals[, related to achieving
campus performance objectives established under Section 11.253,
and developed and approved by the campus-level committee
established under Section 11.251].
(c) For professional [staff] development under Subsection
(a), a school district may use district-wide training [staff
development] developed and approved through the district-level
decision process under Section 11.251, provided that training
developed under this subsection does not represent the majority of
the district's professional development opportunities.
(d) The training described by Subsection (c) [staff
development]:
(1) may include training in:
(A) technology;
(B) conflict resolution;
(C) discipline strategies, including classroom
management, district discipline policies, and the student code of
conduct adopted under Section 37.001, and Chapter 37; and
(D) preventing, identifying, responding to, and
reporting incidents of bullying; and
(2) subject to Subsection (e) and to Section 21.3541
and rules adopted under that section, must include training based
on scientifically based research, as defined by Section 9101, No
Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that:
(A) relates to instruction of students with
disabilities; and
(B) is designed for educators who work primarily
outside the area of special education.
(g) The professional [staff] development may include
instruction as to what is permissible under law, including opinions
of the United States Supreme Court, regarding prayer in public
school.
SECTION 16. Sections 21.4511(a) and (b), Education Code,
are amended to read as follows:
(a) From funds appropriated for that purpose in an amount
not to exceed $2.5 million each year, the commissioner may develop
and award grants to school districts, regional education service
centers, nonprofit organizations, and institutions of higher
education for establishing and providing technical assistance and
professional development activities in the professional [staff]
development [training] of public school teachers and
administrators.
(b) The professional development [training] under this
section shall include professional development [training] relating
to implementing curriculum and instruction that is aligned with the
foundation curriculum described by Section 28.002(a)(1) and
standards and expectations for college readiness, as determined by
State Board of Education rule under Section 28.008(d).
SECTION 17. The heading to Section 21.453, Education Code,
is amended to read as follows:
Sec. 21.453. PROFESSIONAL [STAFF] DEVELOPMENT ACCOUNT.
SECTION 18. Sections 21.453(a) and (b), Education Code, are
amended to read as follows:
(a) The professional [staff] development account is an
account in the general revenue fund. The account consists of gifts,
grants, donations, appropriations for the purpose of professional
[staff] development under this subchapter, and any other money
transferred by law to the account. Funds in the account may be used
only as provided by this section.
(b) The commissioner may allocate funds from the account to
regional education service centers to provide professional [staff]
development resources to school districts that:
(1) are rated academically unacceptable;
(2) have one or more campuses rated as academically
unacceptable; or
(3) are otherwise in need of assistance as indicated
by the academic performance of students, as determined by the
commissioner.
SECTION 19. Section 21.7061(a), Education Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this code and
subject to Subsection (b), a school district may apply to the
commissioner in writing in accordance with commissioner rule for a
waiver to exempt the district or one or more district campuses from
Section 21.352(a)(2) [21.352(a)(2)(B)], 21.353, 21.354(d),
21.3541(g), 21.451, or 21.458, as specified in the waiver
application. The district's application for a waiver under this
section must demonstrate that the waiver is necessary to carry out
purposes of the program as described by Section 21.7011, in
accordance with the district's local educator excellence
innovation plan.
SECTION 20. Section 22.107(a), Education Code, is amended
to read as follows:
(a) A school district shall pay each full-time district
employee, other than an administrator or an employee entitled
[subject] to a [the] minimum salary [schedule] under Section
21.402, an amount at least equal to $500.
SECTION 21. Section 38.0041(f), Education Code, is amended
to read as follows:
(f) The training under Subsection (c) may be included in
professional [staff] development and training under Section
21.451.
SECTION 22. Section 42.2513(a), Education Code, is amended
to read as follows:
(a) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount equal to the sum of:
(1) the product of $500 multiplied by the number of
full-time district employees, other than administrators or
employees entitled [subject] to a [the] minimum salary [schedule]
under Section 21.402; and
(2) the product of $250 multiplied by the number of
part-time district employees, other than administrators.
SECTION 23. Section 823.404(a), Government Code, is amended
to read as follows:
(a) An eligible member may establish one year of equivalent
membership service credit for each year [one or two years] of work
experience that was required for the member's certification under
Chapter 21, Education Code, in a career or technological field for a
maximum of two years [for which the member is entitled to salary
step credit under Section 21.403(b), Education Code].
SECTION 24. Subchapter E, Chapter 825, Government Code, is
amended by adding Section 825.4051 to read as follows:
Sec. 825.4051. MAINTENANCE OF STATE CONTRIBUTION. (a) The
board of trustees shall adopt and maintain a schedule based on the
minimum salary schedule for certain professional staff under
Section 21.402(c-1), Education Code, as that subsection existed on
January 1, 2015, for the purposes of calculating the required state
contribution for retirement benefits for classroom teachers under
this subtitle.
(b) The board of trustees may adopt rules to implement this
section.
SECTION 25. Sections 21.352(b) and 21.403(b), Education
Code, are repealed.
SECTION 26. This Act applies beginning with the 2016-2017
school year.
SECTION 27. (a) Sections 21.402, 21.403, 21.4031, and
42.2513, Education Code, as amended by this Act, take effect
September 1, 2016.
(b) Section 823.404(a), Government Code, as amended by this
Act, and Section 825.4051, Government Code, as added by this Act,
take effect September 1, 2016.
(c) Except as provided by Subsections (a) and (b) of this
section, 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, 2015.
* * * * *
Years of Monthly
Experience Salary
0 2,732
1 2,791
2 2,849
3 2,908
4 3,032
5 3,156
6 3,280
7 3,395
8 3,504
9 3,607
10 3,704
11 3,796
12 3,884
13 3,965
14 4,043
15 4,116
16 4,186
17 4,251
18 4,313
19 4,372
20 & Over 4,427